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HomeMy WebLinkAbout2018-10-09 Salary Commission MinutesPage 1 TRANSCRIPT OF PROCEEDINGS SALARY COMMISSION MEETING Held at the Hawaii County Building, 25 Aupuni Street, Hilo, Hawaii, 96720, commencing at 9:31 a.m., on October 9, 2018. REPORTED BY: TERI HOSKINS, RMR, CSR #452 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES CHAIR: HUGH Y. ONO, P. E. BOARD MEMBERS: FLORENCE K. IKEDA, VICE -CHAIR THOMAS E. FRATINARDO GEORGE W. CAMPBELL JAMES W. HIGGINS MILTON PAVAO, P. E. HAROLD D. DOW, M. D. NELSON H. HARANO ALSO PRESENT: AMY SELF, DEPUTY CORPORATION COUNSEL WILLIAM V. BRILHANTE,JR., EX -OFFICIO MEMBER GLYNIS YAMADA JENNIFER SAKAMOTO MICHELE LAMKIN PAULA PAVAO NANCY COOK-LAUER ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 2 Page 3 1 CHR. ONO: Call the meeting to order. 2 Okay. Good morning, everybody. 3 First of all, before we start, there's a 4 sheet of paper that has salary information on it, and 5 it was just distributed. I just received it this 6 morning. It's from the Department of Human Resources. 7 So we're going to be talking about this today. 8 Probably going to take it out of order to some degree 9 because Bill has someplace he has to run off for about 10 a half -an -hour. So, anyway, just to bring it to your 11 attention so that we can look at it as we're going 12 through the agenda. (SEE ATT. A) 13 So, let me see. The meeting has been called 14 to order. Let's do a roll call vote. This time let's 15 start on -- Bill, did you want to say something? 16 MR. BRILHANTE: I see people fumbling through 17 papers, so I just wanted to let the Commissioners know 18 that that report is in your green folder. Tom and 19 Nelson, it's in your green folder. 20 MR. HARANO: Yep. 21 MS. SELF: Should be right on the top. 22 CHR. ONO: Right. Observant, yeah, you. 23 MR. HIGGINS: Oh, man. 24 CHR. ONO: Okay. So George was complaining to 25 me because we always start the roll call on that side, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 4 1 so -- 2 MR. CAMPBELL: Yeah, I'm feeling left out. 3 CHR. ONO: -- we'll start with George now. 4 MR. CAMPBELL: George Campbell, Ka'u, 5 present. 6 MR. HIGGINS: Jim Higgins, 7. 7 MR. PAVAO: Milton Pavao, 4, I think. 4. 4 8 or 5. 9 CHR. ONO: Hugh Ono, District 3. 10 MS. IKEDA: Florence Ikeda, District 2. 11 MR. DOW: Harold Dow, District 5. 12 MR. FRATINARDO: Thomas Fratinardo, District 13 1. 14 MR. HARANO: Nelson Harano, District 6. 15 CHR. ONO: Okay. With that said, we also have 16 Nancy Cook -Lauer from the Tribune -Herald, and we have 17 Teri here, the court reporter, and Paula is there. And 18 you're staff with the -- 19 MS. LAMKIN: Michele Lamkin, HR. 20 CHR. ONO: Okay. This morning we have 21 statements from the public. 22 We also have Amy and Bill. Yay. 23 MR. BRILHANTE: Good morning. 24 CHR. ONO: So, we have Mr. Sadegh, and he's 25 representing the Universal Realm of the Lord Almighty. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 5 1 So with that, would you, Sir, give your statements or 2 statement. 3 MR. SADEGH: Good morning. 4 CHR. ONO: Good morning. 5 MR. SADEGH: My name is Abolghassem Abraham 6 Sadegh, and I am the founder of the Universal Realm of 7 the Lord Almighty. Briefly, I was here in the United 8 States, starting in 1960, going through pilot training 9 for His Majesty. I changed my mind about being in the 10 Air Force, asked for asylum. That was rejected. I 11 returned to Iran and came back. I was here for 15 12 years and then went back to Iran; and this, in a way, 13 was a blessing in terms of my learning and knowing my 14 country and faith. 15 Experienced job -searching for four years and 16 believed that we were going to have democracy, so I 17 joined the revolution before Shah left Iran and before 18 Khomeini came. And the greatest lesson happened when I 19 realized that the ladies sitting up there in their 20 magnificent attire would have to look like Mother 21 Teresa if they go in public and that is hypocrisy. 22 That is absolutely against Islam because it's a lie. 23 50 percent of the public go out -- like during the 24 Shah, my mother would go to mosque. Anyway, she would 25 look like Mother Teresa, and my niece and nephew would ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 6 1 go to a bar or something. So I realized also that the 2 Shiites of Islam, which is 50 percent of the total, 3 about 200 million, is actually a cult. 4 So I started thinking about the new one, 5 and -- by which I may -- when I came back to the states 6 officially registered, and now I call it the Universal 7 Realm of the Lord Almighty, on the true foundation that 8 believing in God is optional. And that makes the whole 9 of humanity my congregation. And believing in humanity 10 is not. 11 With that, this room -- I'm saying with the 12 permission of Mr. Ono -- this room would be full if the 13 people knew that this meeting is taking place. You 14 have a very strange newspaper. It's actually a 15 money -making machine and not really the kind of thing 16 that Mr. Jefferson was talking about, that, you know, 17 "I would choose newspapers if I had a choice between 18 that and the government." 19 There are two pages that -- per week that has 20 every event -- really two full pages, maybe. I even 21 counted them; I think it was in the hundreds. Maybe 22 Nancy can clarify that. And then yours was just a 23 small item in there. I mean, anything that happens in 24 the island for the next couple of weeks: the meeting, 25 the dances, the music, the mountain -climbing, the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 7 1 volcano, and whatever, and yours was just an item in 2 between. That's why this room is empty. 3 CHR. ONO: Mr. Sadegh, your question had to do 4 with how the announcements are made? 5 MR. SADEGH: My question has to do that in 6 today's paper, almost one-fifth of the first page, 7 which is the most important one, was taken about two 8 people and a horse -- really the first page -- that 9 became homeless; and yours is just one item that I ran 10 into by accident because, although I hate those two 11 pages, I'm not involved in everything that happens, and 12 I don't -- well, they do it just -- 13 CHR. ONO: So your question is how is 14 announcement made, because -- 15 MR. SADEGH: The announcement is this 16 announcement should be made so the public sees it. 17 It's very important that it would be on page 1. 18 CHR. ONO: Yes, Sir, that is your opinion, but 19 there is a legal requirement as far as public 20 notification of this meeting. Is that what you want to 21 ask about? 22 MR. SADEGH: Well, yes. I'm saying that the 23 notification should not go with the other items on a 24 two -page -full -- where people hardly see it because if 25 the public -- I assure you if the public was aware, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 8 1 especially with all the controversies happening last 2 year and this year, this room would be full. Probably 3 nobody saw that. Nobody cared for it. And who is 4 responsible? Then that is something that needs to be 5 taken care of. 6 CHR. ONO: Okay. Well, Bill, are you able to 7 say how we publicize the notice? Either you or Amy? 8 MR. BRILHANTE: The Office of Information 9 Practices requires that we publish the notice 10 electronically. We also place -- Glynis, you can 11 correct me if I'm wrong -- a hard copy on the front of 12 the County building as required by the statute and the 13 regulations. And we're in compliance, every meeting, 14 six days prior to. That's how we do it. 15 CHR. ONO: So we have a procedure that we have 16 to follow, and we are following that procedure. 17 MR. SADEGH: I realize that, Sir, but what 18 needs to be done to see if it could be changed, that 19 you would make -- or someone would make a 20 recommendation that this is not correct. 21 MR. FRATINARDO: Mr. Ono, can I make a 22 comment? 23 I am a radio announcer for 90.3 FM. We're an 24 educational radio station. So the month preceding 25 these meetings when I'm on air, which is normally in ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 9 1 the morning from 6:00 to 8:00, during rush hour, I 2 announce it at least two times during my radio 3 broadcast. And that's not just this particular 4 meeting, but other meetings also and other PSAs; and 5 people can bring PSAs, and we read them for free. 6 So, just to let you know, during my broadcast hour I 7 will announce the actual meetings. And I'm encountered 8 by people at the mall or at Starbucks, for example, 9 that know that this meeting has occurred, and they're 10 complaining to me, and I'll ask them, "Why didn't you 11 show up?" And they just didn't want to take the time 12 to come over here. And I hear what you're saying, the 13 lack of attendance, but -- 14 MR. SADEGH: I've never listened to the 15 radio, with due respect, that you're mentioning. What 16 I'm saying is that Hawaii Tribune Herald gets -- the 17 public gets to see that. The public gets -- even if 18 they don't read it, they may -- should see it in the 19 upper half of the first page, which is the most 20 important one. 21 And I'm not questioning what it is now; I'm 22 suggesting that it could be different in the future. 23 CHR. ONO: We'll take that into consideration, 24 but our Deputy Corporation Counsel has a comment. 25 MR. SADEGH: Thank you very much. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 10 1 MS. SELF: You may want to contact the 2 newspaper because we are not responsible for how 3 things appear in the newspaper. That's the newspaper. 4 We don't control -- 5 MR. SADEGH: You -- somebody pays for that, 6 right? 7 MS. SELF: No, we're not -- 8 MR. SADEGH: Am I correct? 9 MS. SELF: We don't require -- 10 MR. SADEGH: You don't pay them -- 11 MS. SELF: We're not required -- 12 MR. SADEGH: Then -- 13 MS. SELF: -- to by Sunshine Law. 14 MR. SADEGH: -- I would -- if you really want 15 the people to know, you put it somewhere where people 16 like I do -- I read the paper every morning. I see the 17 paper every morning, and then I look at the internet. 18 All I'm saying is that the newspaper would be most 19 effective if you really want the people to be here. I 20 was here in the last December's meeting that you 21 almost -- you know, you were furious because of Lee 22 Loy's recommendation about an amendment and 1.2 million 23 raises. 24 CHR. ONO: Mr. Sadegh, we'll take your 25 recommendation under consideration today. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 11 1 And you had another thing you wanted to 2 address? 3 MR. SADEGH: Another thing for me because of 4 my faith, believe it or not, I've been being persecuted 5 for eight years, the likes of which I have never 6 experienced in my life. And I have literally lived in 7 six countries, including Holland, as an invited 8 political refugee. 9 We need to take this island as a corporation, 10 concern about every single human being. I would not 11 give a penny raise to the police chief, whom I have 12 called Mafia head, Paul K. Ferreira, I believe it is. 13 And this is my only way of saying things. I'm saying 14 every human being can be the savior in what they do: 15 fight injustice, help yourself and others, and do no 16 harm. 17 The police department uses the most 18 vulnerable to do its job, like my being attacked on 19 Highway 19 with drug addicts and leading -- at least 20 that's one of them -- to two brain surgeries within ten 21 days and being watched every moment of the day. 22 MR. PAVAO: Excuse me, Mr. Chairman. This 23 has nothing to do with the Salary Commission. 24 MR. SADEGH: I'm talking about Salary 25 Commission. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 12 1 I would not give a penny to the mayor, to 2 the -- and also I consider our County a police state, 3 and I consider our County an oligarchy and run by the 4 top 1 percent, like the whole island owns by the 5 highest people. 6 And, also, you mentioned that nothing but 7 politics -- no public organization, public commission, 8 should have 100 percent authority. The amendment would 9 create a little crack and really made you guys very 10 angry. 11 And also giving the Corporation Counsel the 12 highest level of salary. He surely does not deserve 13 it. It looks -- as I say, it's like a family looking 14 after itself. I'm saying that we need to deal with our 15 island. We want to know what is going on in Maui or 16 anybody else, and someone mentioned county council, 17 that they were really happy with the raise you gave 18 them, that, oh, people -- someone from New Zealand 19 said, "Oh, what a different salary you're getting." We 20 don't care. This is an island. This is our home. We 21 listen to what's going on, and we decide in a way that 22 nobody would come and sit here and accuse this island 23 of being -- which is God's paradise -- as being a 24 police state and oligarchy. That's what I'm saying. 25 And also the Mayor. My God, he must be a ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 13 1 millionaire, which is fine; be a billionaire if it's 2 not at the expense of others. But talking initially, 3 oh, the County member -- this was what he said -- 4 CHR. ONO: Okay, Mr. -- 5 MR. SADEGH: -- average County -- 6 CHR. ONO: Can you wrap it up, Mr. -- 7 MR. SADEGH: Yes, Sir. 8 CHR. ONO: Okay, thank you. 9 MR. SADEGH: Yes. 10 This is his statement. "Do you know that 11 there is" -- this is Mr. Mayor. "Do you know that 12 there are people here that are making only $18,000 a 13 year?" And up to that point, I had great respect for 14 him because of the way he runs his elections. And then 15 he's in the list for 33,000 raise. 16 CHR. ONO: Okay. Thank you, Sir. 17 MR. SADEGH: Thank you. 18 CHR. ONO: Okay. There's no other speakers 19 that I'm aware of. 20 Okay. With that, let's move on to the 21 agenda. The approval of the minutes. There are none 22 to approve. 23 Let me go through the communications first. 24 There is a memorandum from the Salary Commission Chair, 25 myself, to Charter Commission Chair Douglass Shipman ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 14 1 Adams dated September 19th, 2018, responding to the 2 request for input concerning the Hawaii County Charter, 3 and also an e-mail message from the Charter Commission 4 dated October 1st, acknowledging receipt of the 5 Commission's output. (SEE ATTS. B AND C) 6 As you recall, it was that our communication 7 expressed some concerns or some items with respect to 8 the charter commission amendment having to do with the 9 way we conduct business. 10 And so, I would recommend that we just file 11 this. So, unless there's any discussion, may I have a 12 motion to file this? 13 MR. PAVAO: So moved. 14 MS. IKEDA: Second. 15 CHR. ONO: Moved by Milton, seconded by 16 Florence. 17 Any discussion? 18 All those in favor say "Aye." 19 (All members responded affirmatively.) 20 CHR. ONO: That memorandum and the response 21 are filed. 22 Also there's item No. 2, Summary of Chair 23 Ono's discussion with Susan Dursin of the League of 24 Women Voters. She contacted me and we contacted her, 25 and our discussion had to do with she had read or was ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 15 1 informed about our position or some of our responses to 2 the Charter Commission, so she had questions about -- we 3 had a real lengthy conversation. It was very good, very 4 informative, and, you know, I was able to provide her 5 with some information. And so, basically what I did was 6 I recorded that in terms of like a memo for the record 7 so we could just have something on file. (SEE ATT. D) 8 So unless there are any questions on that, 9 can I have a motion to file that too? 10 MR. HIGGINS: I have just a question, 11 procedurally. 12 For you in the future and future chairman and 13 chairpersons and us as we sit here right now, am I to 14 assume by this that if somebody contacted any one of us 15 or you in the future, that off the record you are to 16 respond? 17 CHR. ONO: Oh, that's a question? 18 MR. HIGGINS: That's a question, yeah. 19 CHR. ONO: Yeah. I don't think I was 20 responding to any questions of policy by her. It was 21 more information because it was like a recap of what 22 we had done in the past. 23 MR. HIGGINS: Yeah. Yeah, I understand that. 24 I have, obviously, full confidence in what you did 25 because common courtesy would have responded to her; ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 16 1 but today the world is obsessed with transparency, 2 obsessed with having everything up front, and I'm just 3 wondering if your discussion and then your response by 4 this memo might someday come back to bite you or us. 5 Because what it boils down to -- to me reading this 6 memo, I have full faith that that's exactly what 7 happened, but we've seen and witnessed recently what's 8 going on in our Capitol. What one person thinks 9 happened and what another person thinks happened may 10 not be entirely true. 11 So, all I'm saying is that, if Nancy -- and sh 12 would never do this, but what if Nancy called me up at 13 home and wanted to discuss something? Or the Rotary 14 chairman? Or anybody else? I would not take that 15 call. I would refer that to coming to our meetings, 16 looking -- or talking directly to you - and, hopefully, 17 you would do the same thing. 18 So, I'm just throwing out a warning that it 19 may be a precedence of receiving calls from outside 20 that is not at our meeting, or that person is not in 21 attendance at our meeting, that we might be aware of 22 that. 23 CHR. ONO: Yeah, you know, that's a good 24 question, Jim. It really is, because it's maybe 25 something that we should incorporate just because the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 17 1 way the world is what it is today. 2 So, any comment from Amy or Bill? 3 MR. HIGGINS: Well, can I just -- 4 CHR. ONO: Yeah, go ahead. 5 MR. HIGGINS: -- follow up a little bit more? 6 Because this has to do with the charter, and 7 that's a big change. That's a real big deal. So let's 8 just say that this was more controversial and she went 9 before Mr. Shipman and said, you know, "I did meet" -- 10 "I had a phone conversation with Mr. Ono, but we didn't 11 say that. We didn't talk about that" or "That 12 particular point was not what I understood it to be." 13 Well, then what happens? You know, then the whole 14 thing -- that's all I'm saying. 15 CHR. ONO: No, I understand. 16 MR. HIGGINS: Yeah. 17 And then my second follow-up to that is, Amy, 18 on your memo, why is any of it redacted? Why should 19 there be any blackouts at all? 20 MS. SELF: I don't know what -- I didn't 21 black it out, so I -- 22 MR. HIGGINS: Well, who did? 23 MR. PAVAO: E-mails. 24 MR. BRILHANTE: Our office, Department of HR, 25 redacted it because it had personal information ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 18 1 regarding Mr. Ono's private e-mail, so that's the reason 2 we redacted that. 3 MR. HIGGINS: Oh, okay. 4 MR. BRILHANTE: Because now this is a public 5 document. 6 MS. SELF: Yeah. reason the "From" was 7 MR. PAVAO: Why is "To" redacted? 8 MR. BRILHANTE: That was the e-mail of the 9 requester. And the reason the "To" was 10 MR. HIGGINS: Oh, now -- requester's private 11 MR. BRILHANTE: Private information. 12 MR. HIGGINS: -- that's -- 13 MS. SELF: Why would that be private? 14 CHR. ONO: I don't think Jim heard that. 15 MR. HIGGINS: No. What is the answer to 16 that? 17 MR. BRILHANTE: The reason the "From" was 18 redacted is that was Mr. Ono's private e-mail account. 19 MR. HIGGINS: Yeah. 20 MR. BRILHANTE: And the reason the "To" was 21 redacted is because that was the requester's private 22 e-mail account. 23 MR. HIGGINS: Okay. I didn't know that 24 was -- we don't have classifications of top secret and 25 confidential and all of that, so if this is a memo ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 19 1 that's going into the records and it's a memo for this 2 meeting, for the members of this Commission to see, I 3 don't understand why anything should be redacted. 4 MS. SELF: It's under Sunshine Law. It's a 5 right to privacy. And so, I don't know if a private 6 e-mail address is confidential or not. I would have to 7 check. 8 MR. FRATINARDO: May I ask a question? You 9 know, if this is going to be an issue, then perhaps the 10 Chair and the Vice -Chair have a County e-mail rather 11 than a -- 12 MR. BRILHANTE: And that's the slippery slope 13 is there's been requests in the past. Just remember 14 that each of you are serving in a volunteer capacity; 15 you're not official officers of the County. So that's 16 been the position from IT Department with giving out 17 commissioners and board members, you know, County 18 e-mails, because there's an association with that that 19 they're acting in an official capacity when that e-mail 20 is being used. 21 So, in this case, Amy is correct. Ms. Self is 22 correct in that under the Sunshine Law or the privacy 23 law, there's no specific requirement that individuals' 24 personal e-mail account is deemed private. Their phone 25 numbers, their addresses, and all documentation that ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 20 1 the County issues, we protect the individual's privacy; 2 so oftentimes you'll see in a police report just a 3 reference to "A 43 -year-old male was injured," you 4 know, at such -and -such accident until consent is given 5 by the party. And so, that's why there's generalized 6 terms used because of those privacy issues. And we 7 did the same thing here out of an abundance of caution. 8 We didn't have any consent to release either of the 9 e-mail addresses. That's the only reason. 10 We're not trying to hide anything or cloak 11 and daggers. The primary discussion here regarded the 12 contents of the e-mail, and I can tell you the "From 13 Hugh Ono" was his private email address, and the "To," 14 the reason that was redacted was because it was a 15 private e-mail address of the requester. 16 MS. SELF: And this is available to the 17 public, so -- 18 MR. BRILHANTE: It is now. 19 MS. SELF: -- if anyone from the public was 20 here and requested a copy of this, we'd have to turn it 21 over. So, that's why it's redacted. 22 MR. PAVAO: I would like to add one comment 23 based on giving e-mails, County e-mails. I totally agre 24 with what Mr. Higgins said earlier. There should be no 25 reason for anybody to contact any one of us ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 21 1 individually other than at this meeting. I don't -- in 2 fact -- 3 CHR. ONO: I think -- 4 MR. PAVAO: -- I don't think it's a good 5 idea. 6 CHR. ONO: Let me say I would suggest we put 7 this on as a discussion item for at a future meeting 8 because it has policy implications. 9 And just a summary of how this happened, it 10 was referred to me by the Department of Human Resources 11 that this query came in, and I said I would be glad to 12 talk to her. And after my discussion, which I was 13 happy about, I thought that, you know, since this is 14 Commission business, my intent here was to let the 15 Commission know the content of the discussion purely 16 for information. 17 MR. HIGGINS: Terrific. 18 CHR. ONO: No, I know there's nothing wrong 19 with that, but we have a policy implication over here 20 which is really -- I think it's important. 21 MR. FRATINARDO: Yes. 22 CHR. ONO: So with the Commission's permission 23 I would like to put it on as a discussion item at our 24 next meeting on how we handle this. 25 MR. FRATINARDO: Just a part of our rules. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 22 1 Add it to our rules. 2 CHR. ONO: It could possibly be, sure. 3 MR. FRATINARDO: Yes. 4 CHR. ONO: Because we will inevitably 5 get queries from different people. It may come to 6 me; it could come to any one of you. So it would be 7 nice to have maybe a uniform way of handling this. 8 MR. FRATINARDO: Yes. Yes. 9 MS. SELF: Chair, one thing I could suggest 10 Is because I know there were documents where this 11 information came from, so maybe the next time it would 12 be better to refer the person to HR, then they could 13 provide the documents that provide the information to 14 this person requesting because I know all of this 15 information exists, so, you know, maybe they could just 16 contact the secretary for the Salary Commission to get 17 that information in the future. 18 CHR. ONO: Uh-huh. 19 Anyway, I think it deserves a special 20 discussion on how we -- because we will get asked from 21 different places. Okay? 22 Does that sound okay? Okay, so we'll put it 23 on the agenda for a future meeting. 24 Okay. Let me see. We're going to take 25 something out of order, and that would be -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 23 1 We need a motion to close that file. Thank 2 you, Glynis. 3 We need a motion to file that last item, 4 summary of the Chair Ono's discussion. 5 MR. PAVAO: So moved. 6 CHR. ONO: Milton moved it. 7 MS. IKEDA: Second. 8 CHR. ONO: Florence seconded. 9 All those in favor say "Aye." 10 (All members responded affirmatively.) 11 CHR. ONO: Okay. Motion is carried. 12 Okay, we're going to take an item out of 13 order here. That would be "Unfinished Business," and 14 that would be item C, "Suggested salary adjustments as 15 recommended by the Department of Human Resources." And 16 let me recap this. At the last meeting, we asked that 17 the Department of Human Resources make a recommendation 18 for their suggested salaries for the positions under 19 our jurisdiction to become effective on July 1st. And 20 in doing so, the background is to recommend them taking 21 into consideration the private sector, the other 22 jurisdictions throughout the state of Hawaii, and also 23 the inversion salary factor. 24 So, with that in mind, this document was 25 received this morning, prepared by the Department of ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 24 1 Human Resources. And what we would hope to do with 2 this is to use this information "as is" or with 3 recommended changes for our actions that we're going to 4 be taking in the future. (SEE ATT. A) 5 So with that, let me turn it over to Bill to 6 provide the explanation. 7 MR. BRILHANTE: Thank you very much, Chair 8 Ono. 9 Just as a cautionary note, I need to leave 10 here in about 15 minutes, at quarter after, then I will 11 be gone for about 30 minutes, then I will return after 12 a presentation that I have to give. 13 As far as the document itself, that's 14 correct. The Chair accurately reflected what our 15 department was requested, was to come up with 16 recommendation regarding addressing salaries for 17 department heads and deputies and appointed elected 18 officials. 19 So, with that in mind, I didn't want to make 20 a firm recommendation. What I did was we took a look, 21 and I tasked my department, and I said, "Okay, let's 22 look at the contract language for our mid-level 23 managers, what their current contracts will be moving 24 forward to July lst of year 2019." 25 And, with that in mind, we came up with the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 25 1 contract language, the proposed -- well, the actual 2 raises under contract for our mid-level managers is a 3 2.25 percent annual increase for mid-level managers. 4 And that's called an across-the-board salary increase; 5 so everybody gets 2.25 percent. And also on an annual 6 basis, they will get what is called a within -range 7 progression for the year, and that's approximately 8 $2,580 per employee. It's kind of like their longevity 9 or seniority pay that they will get annually. 10 And so, with that in mind, the union, what 11 they do under the union contract, is generally they 12 give percentage increases, 2.25 percent. You see, I'm 13 not a big fan of that because what that does is when 14 you give somebody making $140,000 a 2.25 percent raise 15 and you give somebody making $80,000 a 2.25 percent, 16 there's a significant difference in the two levels, the 17 amount of salary there. And what happens is I've 18 noticed it -- and I see it significantly. Like the 19 Fire Department, as the years go by, that gap never 20 narrows; it just gets wider and wider and wider with 21 each annual percentage raise. 22 So, with that in mind, what I recommend is 23 that we came up with a proposed increase of a flat 24 rate. So the suggestion, the recommendation, is that 25 there would be to give all of the department heads, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 26 1 deputies, appointed and elected officials a flat raise 2 comparable to what the average of the mid-level 3 managers are getting along with their across-the-board 4 raises and their within -range progression, their 5 longevity pay. So that figure came out to -- for 6 department heads and deputies, that's a $5,641 figure, 7 and for the deputies it's a $5,359 figure. 8 And if you look at the column, the two 9 columns on the left is what the current salary is -- 10 the non -highlighted columns -- for department heads and 11 deputies, mayor, managing director, counsel, going all 12 the way down. We have it batched in three groupings. 13 And then the highlighted area is always a point of 14 contention. 15 The first column on the left of the 16 highlighted area is the highest-paid subordinate. So 17 that's a senior manager in each of the departments that 18 are noted department heads or deputies. So that's the 19 salaries reflected per each department. 20 The next column, the middle column of that 21 highlighted area, is the proposed department heads, 22 deputy, mayor, and council members, with the flat 23 $5,641 raise. 24 And then the final column on the right is the 25 proposed deputy salary, with a $5,359. And if you look ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 27 1 at that, there's still four departments that we still 2 have inversion as it relates to the deputies' salaries. 3 So all of our department heads with this 4 proposed raise would be -- they would not be subject to 5 inversion, but we still would have four deputies who 6 would be subject to inversion. 7 So, that's the proposed. It's up to you. I 8 can't make a recommendation as to whether or not you 9 should pass the raises or approve the raises; all I can 10 do is provide you with information and, you, in your 11 individual capacity, discuss and you consider and you 12 make a determination as to what you are going to do. 13 I'm not saying we should grant raises; I'm just saying 14 in a comparison of what the other County employees are 15 making, this is where we would be. 16 CHR. ONO: Let me recapture something. 17 One of the reasons we did this is that the 18 Chair's opinion is that the Department of Human 19 Resources is the best source for this information, 20 being that he handles negotiations and other pay 21 scales. 22 The second thing that we wanted to do is the 23 intent of this is to discuss raises now that could 24 possibly go into effect the beginning of the next 25 fiscal year, which is July lst of 2019. And by doing ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 28 1 so, whatever we adopt presently could be included as 2 part of the County's budget process and approval 3 process; so I think that lends itself to much more 4 openness than what we have done in the past. 5 Anyway, that was the intent with doing that. 6 So, with that said, any questions of Bill as 7 he walks away? 8 MS. SELF: He's checking on this one amount. 9 CHR. ONO: George? 10 MR. CAMPBELL: Seems to me that -- I wonder 11 if the highest-paid subordinate number is correct. 12 MS. SELF: That's not correct. That's what 13 he's checking now because I know for sure that that is 14 not correct because we have two supervisors that make 15 more than the other deputies. So that would be the 16 highest-paid subordinate. 17 MR. CAMPBELL: And if that's what the 18 non -supervisor individuals make, time for Corp. Counsel 19 to start sharing his raise. 20 CHR. ONO: Oh, George, your question was column 21 No. 3, that 72,500? 22 MR. CAMPBELL: Yeah. Correct. And -- 23 CHR. ONO: That appears to be incorrect. 24 MR. CAMPBELL: Yeah. The answer I got is 25 it's incorrect. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 29 1 MS. SELF: Yeah, he's checking on that now. 2 CHR. ONO: We're having a query on that on what 3 it should be, possibly. 4 MR. CAMPBELL: And the other thing I note, 5 that if we did nothing, there would be three department 6 heads who, as of June of next year, would be also -- 7 we've got an inversion, that being Public Works, Park 8 and Recreation, Environmental Management. 9 CHR. ONO: Uh-huh. And as this Commission 10 recalls, that was our primary intent when we did the 11 last round of raises, to address those long -overdue 12 inversions. So from the Chair's standpoint, hopefully, 13 we can stay ahead of it so we don't get into that same 14 thing, but it's a Commission decision in whole. 15 I did want to ask -- 16 MR. CAMPBELL: The thing we had -- excuse me. 17 CHR. ONO: Sure. 18 MR. CAMPBELL: The thing we had last time. 19 You know, I like the path that you have taken us down 20 here to give us some numbers to talk about, but the 21 other thing we did last time was to compare against 22 other islands, and I think that would be useful 23 information as well. 24 CHR. ONO: We do have that information. It was 25 handed out quite a while ago. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 30 1 MR. CAMPBELL: Yeah. 2 CHR. ONO: Because we were discussing this 3 back in May, I think. 4 MR. CAMPBELL: I know. And my point with 5 that is do we have anything that shows, I guess, next 6 June? The numbers we had were from the past, so... 7 MR. BRILHANTE: Sorry, I'm on the phone with 8 my assistant. I'm trying to get the accurate figure 9 for the Corporation Counsel. 10 MR. CAMPBELL: Right. 11 MR. BRILHANTE: But as far as your question, 12 Commissioner Campbell, currently there's no proposed 13 raises for any of the other jurisdictions. They are in 14 discussions. Between my communication with the HR 15 directors from Maui, Kaua'i, and City and County of 16 Honolulu, they are in discussions. There's a strong 17 likelihood that they will be receiving raises but, at 18 this point in time, there's no estimated or actual 19 figures on the table. 20 MR. CAMPBELL: Okay. 21 MR. BRILHANTE: So that's where we are at 22 now. 23 And as far as the number so far, that 72,528, 24 the reason they're using that number is because that's 25 the highest civil service position salary in Corp. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 31 1 Counsel; because as you know, there's higher deputies 2 that work for corp. counsel, like Ms. Self, but because 3 they are appointed, historically we haven't used those 4 salaries. But I'm getting the accurate figure right 5 now. And as you know, by charter, the Deputy Corp. 6 Counsel's salaries can be no greater than 90 percent of 7 the department head and no less than 50 percent of the 8 department head, so there's some fluctuation between 9 the two. 10 MS. SELF: The Prosecutor or the Corporation 11 Counsel. 12 MR. BRILHANTE: Yes. 13 MS. SELF: With the higher of the two. 14 MR. BRILHANTE: I think they're the same. 15 MS. SELF: Because I think the Corporation 16 Counsel and the Prosecutor now make the same amount. 17 It used to be it was the higher of the two, that you 18 can make -- 19 MR. FRATINARDO: I have a question for the 20 Chair. 21 MR. BRILHANTE: Wait. Just before we go on, 22 I have that number. 23 So right now, the highest-paid Deputy 24 Corporation Counsel is $130,248. And, again, the -- 25 MR. HIGGINS: Thanks. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 32 1 MR. BRILHANTE: -- 72,528 is the civil 2 service position, highest-paid civil servant. 3 I'm sorry for interrupting, but go ahead. 4 MR. FRATINARDO: I want to withdraw that 5 question. 6 CHR. ONO: Oh, now you don't want to ask me a 7 question? 8 MR. FRATINARDO: No, I'm going to think about 9 it. 10 MR. HIGGINS: Can I ask a question? Who 11 answers it, I don't know. 12 This is fantastic. Gives us a heads up. 13 Great idea. Gives the budget people some headway as 14 well. When would we be expected to go thumbs up, 15 thumbs down, or change some of these numbers? By when? 16 Do we have a deadline so that the budgetary people can 17 work with it? 18 CHR. ONO: Let me throw something in here on 19 that, okay? With this charter amendment coming 20 through -- and we expect that it will pass -- I'm not 21 sure what -- we need to find out what the impact of 22 that will be. Does that mean that -- as I recall, once 23 the vote takes place, the very next day it's put into 24 effect. So, in my thinking, if we have anything and we 25 adopt it before November the 6th, we don't have to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 33 1 follow that, but if we wait until after the election 2 and that charter amendment passes, which it likely 3 will, then we would be governed under those new rules 4 over there, to have the public informational meeting 5 via the internet or published notice and all that, 6 which nothing is wrong with that, but if we are pretty 7 convinced that this is the right thing to do, we have 8 an opportunity to put something in effect which doesn't 9 have to go through that process; it can go straight 10 through to the County's budget process. Anyway... 11 MR. FRATINARDO: And it talks about if the 12 raises are more than 10 percent? Is that -- 13 CHR. ONO: Right. I don't think any of these - 14 MS. SELF: No. No. 15 CHR. ONO: So, Bill, you want to respond to 16 Jim's question? 17 MR. BRILHANTE: I'll let Ms. Self respond 18 since there's some legal implications there. 19 CHR. ONO: Oh, okay. 20 MS. SELF: You are correct about her proposed 21 amendment hasn't gone to ballot, yet. If it passes -- 22 if you did something now, I believe that would be set, 23 and then the Finance Department would make the 24 adjustments come the new budget. 25 If the bill passes on the election day, then ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 34 1 I believe it takes effect -- is it the day after -- 2 the day after the election? So, then, you would be 3 subject to the proposed amendment to the charter; but 4 that means you would have to publish at least once, in 5 at least two daily newspapers with general circulation, 6 the detailed account of its proposal and the dollar 7 amounts and all that, you have to hold at least one 8 public hearing in East Hawaii and one in West Hawaii, 9 and you'd have to submit a detailed report of your 10 findings to the County Clerk -- give notice. Public 11 notice is required for... 12 But the one thing that I think you were 13 concerned about is the last part of it, is any 14 adjustment that increases or decreases any salary by 15 more than 10 percent shall require affirmative vote of 16 two-thirds of the entire membership of the Salary 17 Commission, but none of these are an increase of more 18 than 10 percent. 19 MR. FRATINARDO: So here's my question, then. 20 So, in the future -- and, actually, going back December 21 forward -- to address the inversions, how do we build 22 that into the system? Because there's people in Human 23 Resources and Finance that are going to be the 24 bean -counters to say, "Now this person is now" -- "This 25 position is now in inversion." So, how do we keep that ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 35 1 from happening? Is there a way that we can build that 2 into the system where, if there's a inversion, the 3 supervisor's salary will be automatically adjusted? Is 4 there some way of doing that? 5 CHR. ONO: My recollection is no. 6 MS. SELF: Well, you could have a procedure 7 in your rules. You could pass rules to do that, but 8 then you would also have to comply -- if this passes, 9 even if you have it in your rules, you would have to 10 follow this as well, which I think maybe you could do 11 both. 12 MR. CAMPBELL: Charter amendment supersedes 13 the rules. 14 MS. SELF: Yeah. 15 MR. FRATINARDO: Right, right. 16 MS. SELF: But I think your rules could be 17 set up to where you would do both. You could follow 18 both, depending on what your rules say. 19 MR. PAVAO: Mr. Chairman, if I might, for us 20 to pass this for the sole purpose of circumventing the 21 charter amendment and not complying with what the 22 amendment says, I really don't think that's in the best 23 interest of this Commission. I think it will send a 24 really bad message, like we're trying to -- 25 MR. FRATINARDO: Rush stuff through. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 36 1 MR. PAVAO: It just doesn't sit right. It 2 doesn't sit right at all. I think we'd be doing 3 ourselves an injustice by passing this for the sole 4 purpose of avoiding the requirements. 5 CHR. ONO: Okay. So noted. 6 MR. PAVAO: Based on the fact that we 7 recently approved salary increases, I would say that 8 this gets postponed to some future date. It just sends 9 a bad message, and I don't think that's the kind of 10 message we want to send the public. 11 CHR. ONO: Want to make a motion? 12 MR. PAVAO: I make a motion that we table 13 this until some future meeting. 14 CHR. ONO: Milton, can you do me a favor and 15 provide us with a recommended month by which? 16 MR. CAMPBELL: When do they need it to make 17 the budget? 18 MR. HIGGINS: Yeah. I want to ask that 19 question. 20 CHR. ONO: Probably in January or February. 21 MR. PAVAO: Then let's do it in February. 22 CHR. ONO: Well, okay. 23 MR. PAVAO: Or January. 24 CHR. ONO: Well -- 25 MR. PAVAO: No later than February. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 37 1 CHR. ONO: Okay. Restate that motion for me 2 so that we can -- 3 MR. PAVAO: I move that we table this 4 proposed raises at some future meeting no later than 5 February of 2019. 6 CHR. ONO: Do I have a second on that? 7 MR. HARANO: I second. 8 MR. FRATINARDO: I second, but I would also 9 like -- going forward, the new rules have to reflect 10 how we come about creating the raises so it's a desktop 11 procedure for the next guy coming in behind me, you 12 know. So all he has to do is open up the rule book, the 13 administrative rule, to see how those -- and I'm in 14 Milton's camp with this -- that we start applying it to 15 the rules now, start formulating the rules of how we're 16 going to address the inversions so it's technical, so 17 we have to sit down with Mr. Brilhante and his staff. 18 That needs to be in the rules so it's open to the 19 public how we come about awarding these raises and how 20 we address and fine-tune situations like inversion, and 21 how we apply that to their bargaining unit, and how 22 their collective bargaining is agreed upon. Whatever 23 percentages they get, how do we apply that to the 24 appointed and elected officials. So that needs to be 25 all in the rules. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 38 1 CHR. ONO: Okay. Hang on a second. 2 It was moved by Milton and seconded by Nelson 3 that we keep this on the agenda and act on it no later 4 than February of 2019. 5 So, with that said, it was moved and seconded. 6 Now let's go into discussion. 7 MR. FRATINARDO: Sure. 8 CHR. ONO: So what you mentioned as part of 9 the record -- 10 MR. FRATINARDO: Discussion. 11 CHR. ONO: Discussion. 12 MR. FRATINARDO: Yes. 13 CHR. ONO: Any comments by anybody? 14 MR. PAVAO: I think that discussion is really 15 a separate issue and that issue would come about as we 16 go and revise the rules. As Amy said, that can be put 17 in the rules. So when we are at that point that we're 18 discussing Amy's proposed change, that discussion can 19 take place. 20 MR. FRATINARDO: And I hear you, Milton, but 21 what we have to also address is that we're not falling 22 behind and that we're keeping current with the raises. 23 So, that's why I'm saying maybe we start working on the 24 procedures for awarding the raises in the rules so 25 we're not falling behind, so we're not having to play ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 39 1 catch-up, because we're going to be playing catch-up if 2 we -- I don't want to say -- I just want to be open to 3 the public so they can see what we're doing so this 4 way, when we do award these raises, there's no secrets. 5 CHR. ONO: Let me also mention that the rules 6 discussion is on our agenda for today -- 7 MR. FRATINARDO: Yes. 8 CHR. ONO: -- at a later point in time. 9 So, any more discussion on that? Go ahead, 10 George. 11 MR. CAMPBELL: Yes. Just to comment, that if 12 the new charter amendments go into place the day after 13 the election, at which time we'll probably be obligated 14 to incorporate them into our standard operating 15 procedures, then, again, if the budget people need the 16 information by February to do the budget, we need to 17 consider how long it's going to take us to go through 18 that process. Do we have to start in January, get the 19 numbers approved, so the numbers can be in the paper 20 before the next month's meeting? And so, I just want to 21 caution to make sure that we've considered the 22 appropriate time scale so that we can allow the finance 23 people to incorporate whatever numbers we approve or 24 not approve to be put into the budget process. 25 CHR. ONO: Good point. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 40 1 I have my reservation whether we can do it by 2 February. Implementing the charter amendment requires 3 a lot of information to take place. But that's okay 4 because we have to go through it. Once we go through 5 it, it will be in place for our future deliberations. 6 Anything else? 7 MR. HIGGINS: I'm just a little bothered 8 by -- I'm feeling pressured that we have to give pay 9 raises without having some input or some coordination 10 with the budget people, even though they're not working 11 on it yet. But the question of affordability. I keep 12 thinking that if this volcano had not stopped, the 13 budget would be in huge jeopardy. And so, I don't feel 14 right about us proposing something, throwing it at the 15 budget people, without having at least the input that 16 you mentioned on many times, that we ask somebody -- 17 what's her name -- directly, "Is there enough money to 18 pay for this?" And she said "Yes." Well, we haven't 19 even gone through that. Here we are talking about 20 major pay raises. 21 The thing of it is -- is right now, the optics 22 to me really stand that we just made massive pay 23 raises, and it was overdue and for good reason, but 24 right now, there's a lot of people in businesses that 25 are struggling, and here we hit the pavement with a new ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 41 1 pay raise without some degree of coordination with the 2 people that have the budget in mind. 3 Secondly, I feel pressured by the fact that 4 there's nothing in our discussion or what Bill's 5 homework did that talks about merit. In other words, 6 it's so automatic. And we're supposedly comparing to 7 other counties, municipalities, and the private sector. 8 The private sector does not work that way. The private 9 sector is merit -based. And so, here we are -- you know, 10 I don't want to vote on something that's so automatic. 11 And not everybody works as hard as Glynis does. 12 So, anyway, I think we would be wise to at 13 least have those two items, that is, affordability and 14 merit -based discussion, some discussion before we come 15 to a vote. 16 CHR. ONO: George? 17 MR. CAMPBELL: Yeah, if I could add to that, 18 you know, one of the things, Mr. Chair, you talked 19 about was having some of the other commissions come 20 forth and talk about what's been happening with the 21 people that they oversee and represent. And so, one of 22 the ways it occurs to me that we could get some merit 23 input was to hear from the Liquor Control Commission, 24 from Public Works, Parks and Recreation, Fire 25 Department, Police Commission, and get some information ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 42 1 on how those people are performing. Whether we're 2 required to use it or not doesn't keep us from asking 3 for it and getting that merit information. And if we 4 get an honest response from them, we can consider that 5 as part of our process. 6 So, I think, that being the case, we need to 7 start hearing from those people for the next couple of 8 months. 9 CHR. ONO: I might suggest that we amend the 10 motion to remove the February. Okay? No pressure that 11 way. And let it run its course. 12 MR. PAVAO: No problem with me. 13 CHR. ONO: No problem? 14 I think everybody -- we're fine with that. 15 Okay. 16 So, the motion would be restated that this 17 item will be under discussion in the future and 18 indefinitely until we arrive at some kind of a decision 19 either way. 20 MR. PAVAO: Yeah. 21 CHR. ONO: Okay. Any other discussion on that? 22 MS. IKEDA: I'd like to say about -- 23 currently we look at inversion a lot to see, so that 24 you bring up the salaries on our County, but if they 25 change, like the unions and everybody else changes, and ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 43 1 don't base it on inversion, then we would have to -- if 2 we set it in our rules, we would have to change our 3 rules. Is that correct, Amy? 4 MS. SELF: Yes. In fact, you would 5 probably -- I was just looking at this and, kind of, 6 marking up the rules. I think it would be better to 7 provide a new section, like a Rule 5 -- 8 MR. FRATINARDO: Right. 9 MS. SELF: -- concerning a procedure for 10 review and compensation because you don't even have 11 anything like that in your rules yet. 12 MS. IKEDA: And one other comment. Someone 13 brought it up to me, and they said like we based ours 14 on how much we collect in taxes, but if you look at 15 Maui County, they bring in much more taxes than we do, 16 so I think we should keep that in mind. 17 MS. SELF: They've got a lot of movie stars. 18 MR. HIGGINS: Yeah, the thing about that -- 19 I'm going to take the commission -- I'm going to put a 20 different hat on. And this hat is the hat -- 21 MR. PAVAO: You only have one hat. 22 MR. CAMPBELL: That's all he can afford. 23 MR. HIGGINS: This is my taxpayer hat -- 24 that's a whole 'pother thing -- which we all are, 25 everybody in this room. And if we cannot get some kind ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 44 1 of coordination with the budget people because they 2 have -- nationwide and businesses outside in the real 3 world, salaries and wages, and salaries and benefits all 4 are measured easily. They know exactly what it is. In 5 fact, she told us -- I forgot what it was -- 65 6 percent. I'm just pulling that out. Let's just say 7 it's 65 percent. And we propose another pay raise, and 8 this thing compounds. It doesn't -- it isn't just for 9 one year -- it's forever, these pay raises. So they 10 have to give us some indication that we're at the 65 11 percent; we can't go up to 70 percent because guess 12 what, taxpayers? We either got to borrow money or we 13 got to raise your taxes even more. So that's why I'd 14 like, as a taxpayer, to have this input on -- they 15 cannot just be looking at the next year; they got to be 16 looking at how are we going to afford this going on? 17 Moreover, it's compounded dramatically with 18 the amount of money that the County has to put into the 19 retirement plan. This thing doesn't just end tomorrow; 20 it goes on forever. People live longer. It's already 21 underwater bigtime. The retirement plan that all of 22 these wonderful people here are included in is 23 underwater. And so, we have to be more responsible so 24 that we're not put under the -- 25 MR. FRATINARDO: Microscope. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 45 1 MR. HIGGINS: -- spotlight of not considering 2 affordability and how are the taxpayers of this County 3 going to afford to pay for all of this? 4 So, anyway, I apologize dramatically for my 5 lecturing on that, but -- 6 CHR. ONO: No, point well made. Point well 7 made. 8 MR. HIGGINS: -- nobody has ever paid 9 attention to that. We just keep kicking the can down 10 the road. It's automatic. And that's what I feel 11 about this. And Bill has done a remarkable job, but 12 all of a sudden I'm looking at this and saying on June 13 19th, we're expected to give all these pay raises. Oh? 14 I don't feel good about that without having somebody 15 tell me that we don't have to borrow any more money to 16 pay for salaries and benefits. 17 MS. SELF: If I may interject, that's the 18 sort of thing that could go into your rules. So you 19 would have rules for review of the salaries and rules 20 for compensation, which is what you're mainly charged 21 within the charter is you shall review and compensate. 22 So, just because it says -- it just has to be you have 23 to compensate them so that their total salaries and 24 benefits have a reasonable relationship to compensation 25 in the public and private sectors. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 46 1 So, I think that you could make that part of 2 your rules, to meet with or have the Finance Director 3 come before you and discuss the budget and ask the 4 questions you want -- that could be part of your review 5 process. And you make the determination because it's 6 you making the determination that it's reasonable, that 7 it has a reasonable relationship to the compensation in 8 the public and private sectors. So, any information 9 that will help you make a determination. Maybe there 10 should be rules regarding a bad economy, you know. 11 Then maybe you would have a different process or 12 whatever you come up with, but maybe you just rely on 13 information that you gather -- but all of this should be 14 in the rules. 15 So that's what you need to start thinking 16 about is what kind of procedure do you want to put in 17 place? And once you have got that set, then we'll put 18 that into the rules. 19 MR. PAVAO: Mr. Chairman, I think all this 20 discussion just reinforces the fact that we should go 21 to the question and delay this. 22 CHR. ONO: Yeah. In fact, someone needs to 23 advise the Chair on this. I don't think a motion is 24 necessary. We can just leave it on the agenda without 25 taking any action on it. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 47 1 MR. PAVAO: That's fine. 14 2 CHR. ONO: Because that way, we don't have a 3 directive because we know that depending on what YAMADA: So I can put it on a future 4 happens, we're going to have to revise our current 18 5 rules. Plus there's a lot of other things that have to 6 take place because once we enact any type of pay I can put it back. 7 adjustment, either way, there's a detailed report. MS. 8 MR. PAVAO: Well, my motion was basically to 9 the fact that we don't act on this today. 24 10 CHR. ONO: Absolutely. MR. 11 MR. PAVAO: And if we don't need a motion for 12 that, then I withdraw. 13 CHR. ONO: Someone advise me. Do we need a 14 motion on that? Amy? 15 MS. SELF: To continue? 16 MS. YAMADA: So I can put it on a future 17 agenda and also appear on every agenda because there 18 is no motion. It can just be filed or just kept off 19 the agenda, so there has to be some kind of a motion so 20 I can put it back. 21 MS. SELF: So you need to know when they want 22 to put it back on? 23 MS. YAMADA: Ideally. 24 CHR. ONO: No, it will stay on the agenda. 25 MR. CAMPBELL: Just stay on there. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 CHR. ONO: It will remain on the agenda. MS. SELF: Just not take action? CHR. ONO: Just "Unfinished Business." MS. YAMADA: So I just leave it on every agenda? Is that what you're saying? CHR. ONO: We don't need a motion for that, do we? MS. SELF: No. MR. PAVAO: Then I withdraw my notion. MS. YAMADA: I think you do need a motion. MS. SELF: To continue? CHR. ONO: I don't think so. MR. PAVAO: If it's on "Unfinished Business," it can stay there forever. MS. SELF: Yeah, I don't think you need a motion. Business." MS. YAMADA: That's just my thoughts. It just continues on "Unfinished 20 CHR. ONO: Okay. That being the case, it will 21 remain on the -- we have lots to work on, on that item 22 anyway because it more than encompasses just a pay 23 adjustment -- there's administrative rules. 24 Okay. Moving on. 25 MR. HIGGINS: Mr. Chairman? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 49 1 CHR. ONO: Yes. 2 MR. HIGGINS: Is it possible to take a 3 five-minute break? 4 CHR. ONO: Absolutely. 5 (Recess ensued from 10:34 a.m. to 10:43 a.m.) 6 CHR. ONO: Let me call the meeting back to 7 order. 8 Okay, where were we? 9 MR. PAVAO: To adjourn. 10 MR. CAMPBELL: The motion to withdraw. 11 CHR. ONO: So, just to recap that, it's going 12 to be continued on the agenda. And really, there's no 13 rush. I mean, it's an important item. I shouldn't say 14 we can delay it forever, but you don't have to act on 15 it with any deadline. We can let it run its course. 16 MS. SELF: So, this is all No. 1 that's being 17 continued? 18 CHR. ONO: No, it's just item C. 19 MS. SELF: Item C. 20 CHR. ONO: Yeah. 21 Which now takes us back to -- 22 MR. HIGGINS: We did C. 23 CHR. ONO: Yeah. So it's going to remain on 24 the agenda. 25 MS. SELF: To be continued. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 50 1 CHR. ONO: So, let's go back up to Unfinished 2 Business 1.A., "overtime compensation for executives 3 and officials." And it says, "Adjustments to salaries 4 for extraordinary demands due to disaster response." 5 I think I suggested that one. 6 MS. SELF: I thought it was Milton. 7 CHR. ONO: Was it Milton? Was that your item? 8 MS. SELF: It was your item? 9 MR. PAVAO: No. 10 MR. CAMPBELL: No, it was our radio 11 announcer. 12 That woke him up. 13 CHR. ONO: It was your item, Tom? 14 MR. FRATINARDO: What's that? 15 CHR. ONO: Was that your item? 16 MR. DOW: Overtime. 17 MR. CAMPBELL: You brought up the idea about 18 overtime for all those people that are putting in all 19 that extra time. 20 MR. FRATINARDO: Oh, totally. Yeah. I mean, 21 a lot of people's lives were interrupted, including 22 managers. I'm sorry, a lot of persons' lives were 23 interrupted Countywide, but including those people 24 that actually are employed by the County in a 25 supervisory capacity. You know, there's that old ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 51 1 saying of working for love, but when does it go beyond 2 working for love and they get compensated for that 3 love? So, at some point, we need to compensate these 4 people for doing consistent shifts at the EOC, but 5 coming up with that formula is something that Bill 6 needs to be here for -- so I wish he was here. So 7 can we table this until he comes back in? 8 CHR. ONO: Yeah. It just might fall in with 9 what we just deferred. 10 MR. FRATINARDO: Yes. 11 CHR. ONO: It might fall under that same 12 discussion, so we'll just keep it on the agenda. 13 MR. PAVAO: Yeah. 14 CHR. ONO: Okay. The next item is future 15 salary recommendations from a representative 16 of these board or commissions or supervisors 17 to include Mayor, County Council, Police Commission, 18 Fire Commission, Merit Appeals Board, Liquor Commission, 19 Corp. Counsel, Prosecuting Attorney, and others; 20 and discussion on whether or not to receive input from 21 these boards or commissions on current status, their 22 recommendation and input on the past 2018 adjustments 23 I would say, as well as the 2019 and into the future. 24 George? 25 MR. CAMPBELL: Yeah, I think it's really ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 52 1 important, if they're going to come and talk here, 2 shouldn't just come here and say, "We think X 3 department head" or "police chief" or whoever "should 4 get a raise." We really need them to come here and 5 say, "We've considered the merit and the productivity 6 of these people and, based on that, we think they 7 should be compensated for it" or "They aren't doing 8 well and we don't recommend one." And I really think 9 we should ask all of these groups that we're asking to 10 come before us to give us that kind of information 11 before we take any action. 12 CHR. ONO: So, include them as part of our 13 process? 14 MR. CAMPBELL: Yes. 15 CHR. ONO: That's logical. 16 MR. PAVAO: I agree. I don't know how you go 17 about doing it. Amy, maybe you would know. But go 18 about inviting them to our meetings and... 19 MR. FRATINARDO: Well, it's already in the 20 charter that we consult with them anyway, correct? 21 MR. PAVAO: No, but we got to invite them, 22 though. 23 MR. FRATINARDO: Yes. 24 MS. SELF: It's just like when you invite the 25 Finance Director to come here. So it would be the same ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 2 ji It 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 process. Page 53 MR. CAMPBELL: Except that we need them to come here prepared. CHR. ONO: Absolutely. MR. CAMPBELL: Not just answer our questions, but come here prepared to talk about the people that we consider giving raises to and give us the appropriate information to -- at least some information to add to it that there is some merit reason that this person should get a raise. CHR. ONO: It would be good for our process. MR. HIGGINS: Yeah, excellent points made. Also, we have to consider this is our October meeting and next meeting is November. Time moves on, so if we're going to invite all of these folks to talk to us, as George suggested earlier, we better get on that. At some point in time, we've got to start inviting them to come. MR. PAVAO: Let's do it for the next meeting. MR. CAMPBELL: Yeah. MR. FRATINARDO: Or split it. CHR. ONO: Yeah, I think it needs to be split. Otherwise, it's going to be -- MS. IKEDA: Too long. CHR. ONO: Yeah, too long a meeting. Maybe in ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 54 1 three of the future meetings. But starting, probably, 2 with the commissions first, the independent commissions 3 first -- Police, Fire, Merit Appeals Board, and Liquor 4 Commission? 5 MR. PAVAO: Uh-huh. 6 MR. FRATINARDO: Can we make that 7 mandatory -- ONO: They would come, though. 8 CHR. ONO: Sure. 17 9 MR. FRATINARDO: -- for either the chair or 10 the deputy or the vice -chair? 19 11 MR. PAVAO: I don't think we -- 12 MS. SELF: I don't think -- 13 MR. PAVAO: -- have the power to make it 14 mandatory. 15 CHR. ONO: They would come, though. 16 MR. FRATINARDO: They would come anyway. 17 CHR. ONO: I mean, we're asking to hear from 18 them with regard to the salary for their department 19 heads or commission heads. They would be here. 20 MS. SELF: You don't have to worry about them 21 being here. 22 CHR. ONO: If they don't come, well, so be it. 23 And nothing. 24 MR. PAVAO: We invite them nicely. 25 MR. HARANO: Chairman Ono, if individuals ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 55 1 come to this meeting can we, as Commissioners, give 2 personal input or queries to certain individuals? 3 CHR. ONO: Yeah, it -- 4 MR. HARANO: Personal opinions? 5 CHR. ONO: It might have to go into Executive 6 Session, but that's what we have Amy here for. Okay? 7 MS. SELF: Glynis just pointed out -- and I 8 agree -- that when you're talking about inviting 9 another commission here, you need to give them time. I 10 think what you would need to do is send a memo to each 11 of these commissions and tell them what you want, but 12 they're going to have to have their own commission 13 meeting and make a decision because it's a commission; 14 it's not a person. 15 CHR. ONO: That's right. 16 MS. SELF: And then, they would give the 17 authority to their chair to come before you with a 18 recommendation. 19 MR. FRATINARDO: Like Milton said, we don't 20 want to be in a rush anyway, so give them time. 21 MS. SELF: But this would take some time. So 22 if you're going to do it, you would need to get 23 started because they have to -- I don't know when they 24 meet, but they would have to have a commission meeting 25 and put that on their agenda and discuss it and come up ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 56 1 with what they want their chair to come here and tell 2 you. 3 CHR. ONO: Why don't you let this Chair come 4 up with a schedule on who comes to which meeting, and 5 then we can talk about that and use that as a basis for 6 carrying this out because it's all part of our 7 examination as far as executive raises. 8 MR. FRATINARDO: Absolutely. 9 CHR. ONO: Probably take place over the next 10 three months. 11 MR. FRATINARDO: Absolutely. 12 CHR. ONO: Sound okay? 13 MS. SELF: Yeah, it's like what you guys did 14 when the Charter Commission asked you for proposals, 15 right? You discussed it, you put something together, 16 and then you voted to give the Chair the authority to 17 sign the memo or whatever. So it would be the same 18 kind of thing for each of these commissions. 19 MR. PAVAO: Okay, very good. 20 CHR. ONO: Okay. So we're going to do that. 21 And the Chair will develop a schedule for discussion at 22 our next meeting. 23 MS. SELF: Did you make a decision that 24 you're going to wait for next meeting? 25 CHR. ONO: We can do it here. What would the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 57 1 motion be, for me to work on a schedule? 2 MS. SELF: Yes. Someone has to make a motion 3 to give the Chair the authority to work out a 4 schedule -- 5 CHR. ONO: Then I won't do it. 6 MS. SELF: -- or give somebody the authority. 7 CHR. ONO: Go ahead, Milton. 8 MR. PAVAO: I make the motion to have the 9 Chair work on a schedule to invite the boards and 10 commissions as discussed as soon as possible. 11 CHR. ONO: Okay. Understanding that it's going 12 to be a monthly schedule because our typical plan is 13 one meeting a month. Okay. 14 MR. CAMPBELL: Second. 15 CHR. ONO: Moved and seconded that the Chair 16 develop a schedule for these boards and commissions and 17 representatives to meet with the Salary Commission 18 regarding input. 19 Any discussion? 20 MR. CAMPBELL: I presume that you will be 21 contacting them to say, you know, "When could you 22 come?" and things like that, and to give them the 23 detailed information that they'll need to bring to us? 24 CHR. ONO: We can do that. I'll take a good 25 stab at the information that we're requesting unless ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 58 1 you can -- if we pass a motion and give me your 2 suggestions right now, I can incorporate it, but we 3 should pass the motion first so that I can work on it. 4 MR. HIGGINS: I think if you just read back 5 what George said about ten minutes ago, that's exactly 6 what the wording ought to be on what we're looking for. 7 CHR. ONO: Merit, productivity, and -- 8 MR. PAVAO: I'm sure she has it. 9 MR. HIGGINS: Yeah. Effectiveness. All of 10 those things. And pluses and minus, I believe. 11 MR. CAMPBELL: Yes. 12 MR. HIGGINS: Your point was be prepared for 13 pluses and minuses. We just don't want a rah -rah. 14 MR. FRATINARDO: Well, we'd like to receive a 15 fitness report of that supervisor for that particular 16 division. 17 MR. HIGGINS: I don't know if they can do 18 that. Isn't that personnel private information? 19 MR. FRATINARDO: Well, they're going to give 20 their opinion. 21 MR. HIGGINS: They can give their opinion. 22 MR. FRATINARDO: Right. So that would be -- 23 because, for example, the police department gets a 24 report card. The police chief receives a report card 25 once a year. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 59 1 MS. SELF: If that's the case, then maybe 2 they could just submit that if it's not -- I don't know 3 if it's confidential or not. 4 MR. HIGGINS: The other problem with -- I 5 just thought of it right now -- is the chief isn't 6 going to come in and talk stink about anybody, and 7 that's going to get back to the troop, so how do we 8 keep the integrity of the supervisor that's talking 9 about people? It may not work because of that. 10 CHR. ONO: Isn't this the commission chair that 11 we're inviting? 12 MR. HIGGINS: Yeah. 13 MR. FRATINARDO: Commission chair. 14 CHR. ONO: So, it wouldn't be any chief -- 15 MR. HIGGINS: Well, okay. So let's say the 16 chair, then, of another commission. Is he going to be 17 likely to talk stink about anybody underneath or under 18 his jurisdiction? 19 MR. CAMPBELL: Well, if he doesn't, he or she 20 shouldn't be in the job. 21 MR. HIGGINS: Yeah, but -- 22 MR. CAMPBELL: If he's going to be chairing, 23 you need to talk honestly about the people that you're 24 working for. 25 MR. HIGGINS: Well, would you talk stink ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 60 1 about any of us? 2 CHR. ONO: Absolutely. I wouldn't miss an 3 opportunity. 4 MR. CAMPBELL: And to his face, right? 5 MR. HIGGINS: Anyway, okay. 6 CHR. ONO: What I would like to do is I would 7 like to draft something up first for discussion, you 8 know, a schedule and what we're asking. I don't know 9 how I'm going to get that out to you unless we have an 10 emergency meeting, so I think it's going to have to be 11 at our next meeting that we present this schedule for 12 discussion. 13 MR. PAVAO: I would suggest we just take a 14 look at what's being written and, as Mr. Higgins said, 15 just use Mr. Campbell's information. And I don't think 16 you need to get back to us because I think it's going 17 to be in there. 18 MS. SELF: I think it would probably be 19 better -- because any kind of personnel information is 20 going to be confidential, so you may want to request a 21 confidential memo from them or something. I don't 22 know -- maybe Bill could better answer because he deals 23 with HR situations. 24 CHR. ONO: Yeah, Bill, let me recap that for 25 you. What's come up over here is inviting in the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 61 1 commissions and some of the heads that supervise some 2 of these positions. Like the Mayor oversees Public 3 Works and DEM and some of those. But some of the 4 Commissioners were asking about performance issues by 5 these department heads or these positions under our 6 jurisdiction. 7 I recall a discussion at one of our previous 8 meetings that we're not to be doing that by -- I don't 9 know who said what/when, but refresh our minds on that 10 because we're going down that road to ask about 11 performance. 12 MR. BRILHANTE: Let's take the first part of 13 your question first. 14 To me, in my opinion, you're going to call 15 commission members to come in and talk about their 16 subject matter department head? I can assure you with 17 99.999 percent certainty every one of them are going to 18 come in and say, "Our chief" or "Our director" or "Our 19 department head is doing a 100 percent outstanding job 20 and they're grossly underpaid." So I think if we have 21 any deviation from that testimony from a commissioner, 22 I would be incredibly surprised. So, I'm not sure what 23 information we're trying to gather. 24 As it relates to performance issues with 25 various department heads and deputies, that's a really ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 62 1 slippery slope. Again, we're here to administer the 2 salaries of the individuals. The salaries and whether 3 or not we give a salary increase or not should not be 4 determinate on whether or not this Commission feels 5 that somebody is performing at a higher level than 6 somebody else because, quite honestly, we're not the 7 subject area experts. We have no idea what the 8 director of Public Works is supposed to do. 9 MS. SELF: It says they're supposed to 10 consult boards and commissions. 11 MR. BRILHANTE: Yeah. And the reason -- and 12 Ms. Self just showed me the language from the Charter, 13 "consult with the boards and commission." I think 14 that's a great idea, but really what board or what 15 commission is going to come in and say, "Our department 16 head that we supervise is doing a terrible job. I 17 think they're getting paid too much." From a 18 reasonable standpoint, I don't think that's going to 19 happen. 20 MR. CAMPBELL: Well, whether it does or not, 21 I think they still should come here and do it. I 22 think -- 23 MR. BRILHANTE: They can come here, but just 24 for your guys' edification also, the boards and 25 commission individuals, they serve on a voluntary basis ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 63 1 as well, and we're going to ask them -- you know how 2 hard and difficult it is for you to come in and attend 3 each of the meetings, and I appreciate and I know you 4 guys do it willingly and happily, but they're under the 5 same obligation as well for their boards and 6 commissions. 7 My preference would be through written 8 communication, we can elicit the same information that 9 the commissioner would give if they came out of their 10 work day and they came to our meeting, besides their 11 meeting, and came to testify. We've had the Fire 12 Commission chair here several times, and I don't think 13 his testimony has differed, whether it be his verbal 14 testimony that he's given here in front of us or 15 through his written communications. 16 MR. CAMPBELL: His written was great. I 17 mean, if someone wants to go to the detail that he did, 18 it would be -- 19 MR. BRILHANTE: And from our perspective, I 20 think that would be the best way going forward, in my 21 opinion. 22 Now, it's up to you. Whatever you guys 23 decide to do as a Commission, that's your -- 24 MR. FRATINARDO: Amy mentioned that, too, that 25 they just respond in writing. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 64 1 MR. BRILHANTE: And from my standpoint, 2 again, we have to keep in mind that we're all 3 volunteers here in your guys' capacity, and they're no 4 different; and to come in and attend a commission 5 meeting out of their busy day, I can almost assure you 6 if we gave them the invitation, they would come, 7 because I know the commissioner and board members we 8 have, and I know their passion, and I know the passion 9 they have for each department. And that's not going to 10 sway -- whether that be in the form of a written 11 communication or oral testimony. 12 MR. CAMPBELL: We certainly had a lot of them 13 come before we made a decision last year, and they gave 14 us a lot of good information; and I just don't want to 15 miss that, and I want to make sure that we have covered 16 everything that we can glean before we make any salary 17 recommendations. 18 MR. BRILHANTE: And I think, to that point, 19 the reason that so many of them came was because of the 20 fact that so many of their department heads or their 21 chiefs didn't have raises for such a long period of 22 time that they felt that it was reaching a point where 23 it was becoming grossly unfair. And so, they had that 24 attachment, they had that need, that desire, in them to 25 say, "Come on, enough is enough." And that's why I ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 65 1 think a lot of them said they wanted to make sure the 2 issue was addressed. 3 But, fortunately, we got through that hurdle. 4 We took the big hit. We knew we were going to take the 5 big hit. We did. Whatever the fallout may be, the 6 fallout is, but what we did was fair, and what we did 7 was equitable. And I think going forward, as long as 8 we maintain that fairness, we maintain that equality 9 going forward, I think the issue won't be so dramatic 10 going forward. And I think if we have regular 11 dialogue, we open up regular dialogue with the 12 commissions, I think that will be a great thing, and we 13 have a better understanding. And you know what? It 14 might even create a better working relationship with a 15 lot of them. 16 MS. IKEDA: I think, though, if you came, 17 they would have to do a generalization, you know, 18 because if you did it individually, then each time a 19 person came, you would have to reassess the new person 20 coming in. So I would think that they would do a 21 generalization and say -- like police chief, you know, 22 they do certain things. "Well, it seems like this 23 person is doing their job," but it's not like saying, 24 "Mr. Smith is not doing this portion but doing this 25 portion." I really think, as a department person, I ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 66 1 would come out with a generalization. 2 MR. BRILHANTE: Another factor, too, is that 3 each board and commission who owns a supervisory 4 responsibility over a department head or a chief or 5 something, they are required by Charter to do an annual 6 evaluation and performance evaluation. So they are 7 tasked with that responsibility and they do it 8 annually. I get mine done annually by the Merit 9 Appeals Board. I just had mine done last month, so I 10 know they're doing it. 11 MR. CAMPBELL: So, all we're asking for is for 12 them to relay that information to us. 13 MR. BRILHANTE: Yes, along those lines, if 14 the employee who was the subject of the evaluation 15 consents to the release of his evaluation, then that 16 becomes public information; but if the employee doesn't 17 consent, then that's private. We had that discussion 18 earlier. 19 MS. SELF: What if it was kept confidential? 20 Because they are part of the County, too. This 21 Commission is part of the County. 22 MR. BRILHANTE: If that was the case, I would 23 recommend that they provide us with the annual review 24 finding because that becomes public information. 25 MR. CAMPBELL: That would be -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 67 1 MR. BRILHANTE: So, like, for myself, they 2 made a determination that I was performing up to their 3 expectations. So, that information would be public. 4 MR. CAMPBELL: Sure. That gives us some 5 information on the merit, achievements of the 6 individual, and that there was a fair evaluation done, 7 and there was some summary of that or whatever the 8 process is that each commission and/or board uses. 9 CHR. ONO: Here's what the Chair needs to be 10 comfortable with this. I'm willing to work out a 11 draft. We'll ask them for a presentation and what it's 12 to include, plus having the schedule of how we're going 13 to get through this, but I am not comfortable with 14 coming out with something finite by the next meeting. 15 I need to bring something back to this Commission for 16 the Commission to look at and approve before we proceed 17 on it. 18 So, with that in mind, I am certainly willing 19 to do that. If not, someone else can do it. 20 MR. PAVAO: I think that was the question. 21 Can we just go to the question and vote on it? 22 MR. CAMPBELL: Yeah. 23 CHR. ONO: Okay. 24 MR. PAVAO: We moved and seconded. Now all 25 we need is the vote. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 CHR. ONO: Okay. All those in favor, say 2 "Aye." (All members responded affirmatively.) 3 CHR. ONO: Motion carried. That's what we're 4 going to do. Okay. 5 Where are we? 6 MS. SELF: 2. 7 CHR. ONO: Update concerning our rules of the 8 Salary -- Tom, I know you had questions. We'll get to 9 that. 10 MR. FRATINARDO: Oh, yeah. 11 CHR. ONO: We're okay? 12 MR. FRATINARDO: Yeah. 13 CHR. ONO: Okay. Item No. 2, "Update 14 concerning the Rules of the Salary Commission by Deputy 15 Corporation Counsel Amy Self." 16 Take it away, Amy. 17 MS. SELF: To tell you the truth, I have not 18 gotten back to the rules. I've had some appeals going 19 on that I have not had time to go back. 20 But I do have some suggestions for 21 formatting. I've already taken care of all the 22 problems I saw with Sunshine Law, but what I would 23 suggest for the formatting is take out all these 24 chapter things and -- 25 MR. BRILHANTE: Just for discussion, we found ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 69 1 the reasons for the reference to each chapter. The 2 Human Resources Department has three documents which 3 we're responsible for overseeing. The first is rules 4 and regulations as it reflects the Department, so those 5 rules are incorporated under the 100 series; then we 6 have rules and regulations which oversees the Salary 7 Commission, so those are the 200 series; and then we 8 have rules and regulations for the Merit Appeals Board, 9 and those come under the 300 series. So that's the 10 rationale for the 100, 200, and 300. So they gave 11 themselves enough gap/space in between each one. So, 12 that's the reason it's done that way. 13 MS. SELF: Okay. So never mind my 14 formatting. 15 CHR. ONO: Retracted. 16 MS. SELF: But here's what I would suggest, 17 that you've got up to 203, so the next section I would 18 label as Chapter 204, and I would call it "Rules 19 Regarding Procedure for Review and Compensation." So 20 this is where you would include the rules on your 21 procedure for increasing the salaries or not making any 22 changes or whatever, and whatever procedure you want to 23 pass rules on for your review, what you are going to 24 review, how you are going to review it, are you going 25 to have some sort of a system for automatic increases ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 70 1 or -- you know, that's up to this Commission to decide 2 on how you want to do that. 3 Once you've come up with some draft rules, 4 then we would need to go through the Chapter 91 5 rule-making procedure, hold a public hearing for 6 adoption of the rules. So that's the section you guys 7 need to come up with your procedures. And I don't know 8 that you are going to be able to do that in one 9 meeting. 10 The other thing, too, is if that Bill 98 11 passes at the ballot, you are going to have to include 12 that within your procedure, yeah, because it's got 13 certain things that you have to do if you are going to 14 increase salaries. So that would have to be part of 15 your process as well. 16 CHR. ONO: Chair's comment. It's going to be 17 interesting how we do this. You know, some departments 18 actually hire outside independent consultants to do 19 this kind of thing, because it can be -- 20 MR. BRILHANTE: We have no money. 21 CHR. ONO: Yeah, I know. That's why. I'll 22 take a collection from everybody here. 23 MS. SELF: I don't think it's that difficult. 24 It's not like a ten-year review of the General Plan. 25 That's where we hire consultants. But for this, if you ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 71 1 want to follow the same process you followed this past 2 time, then you just put it into writing. I think most 3 of that is already in writing. But it depends on if 4 you want to change your process. It just depends on 5 what you want to do. 6 Putting it into words is not going to be 7 difficult. It's just if you're talking about changing 8 the process you just recently went through and if you 9 want to follow the same process every time, then that's 10 when I would suggest, putting it into rules, so that 11 the public sees what the process is. 12 MR. HIGGINS: Amy, do the other islands have 13 Salary Commissions that we can kind of use their 14 documents or look at their documents? 15 MS. SELF: Yeah. 16 MR. BRILHANTE: Yeah, the other jurisdictions 17 have Salary Commissions. I know Maui, for example, and 18 City and County, they do. 19 MR. HIGGINS: Well, maybe they have solved 20 this dilemma that we have. 21 MR. BRILHANTE: And subsequent to November 22 6th, the election, as to what takes place right after 23 that, I think a portion of our rules may be drafted 24 just through the language of the charter. So 25 incorporating that would be something that, like ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 72 1 Ms. Self alluded to, would have to be something we do. 2 And that's why, quite honestly, if we look at the 3 subsection in this topic area, my recommendation was to 4 postpone the discussion, but for the formatting, 5 Ms. Self has brought up a good point that the 6 formatting dates back to the '70s, and now -- 7 MR. HIGGINS: So do I. 8 MR. BRILHANTE: That's kind of young. 9 MS. SELF: Me, too. 10 MR. BRILHANTE: From a formatting standpoint, 11 we can still continue to go forward and address those 12 issues; but the real substantive aspects, the public 13 notification and that -- that's going to be dependent on, 14 and determinative of, what happens during the election, 15 and I think we should have that discussion at that 16 time. 17 CHR. ONO: Okay. 18 MR. PAVAO: If I may also suggest, in 19 addition to seeing the other islands' commission rules, 20 the salary commission -- which is a great idea, and also 21 the fact that some of us want to see specific language 22 on how we consider raises, maybe we should all kind of 23 table this or postpone it, go home, think about it, 24 come back at the next meeting with specific language 25 that you would like to see, and then we can discuss it ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 73 1 at that time because, if we start discussing it now, we 2 can go the whole day and not have nothing accomplished. 3 CHR. ONO: Good idea. That was the intent 4 anyway, right? We're going to wait for the -- 5 MR. PAVAO: No, but also go home, think about 6 specific items we want to include and bring it back at 7 the next meeting -- like you mentioned that you wanted 8 to see certain things in there. 9 MR. FRATINARDO: Yeah. When it comes to 10 inversion, how do we address the inversion factor? 11 MR. PAVAO: So you can put that into 12 language. 13 MR. FRATINARDO: Yes. Exactly. How do we 14 address the overtime factor for appointees putting all 15 these hours in? 16 MR. PAVAO: Yeah. 17 CHR. ONO: Okay. So, that's homework. 18 MR. PAVAO: Yeah, homework. Yeah, 19 definitely. 20 MR. FRATINARDO: Um -- I'm sorry. 21 CHR. ONO: No, Tom? 22 MR. FRATINARDO: No. 23 CHR. ONO: Okay. 24 MR. CAMPBELL: Mr. Chair, are we going to 25 deal with all the routine things that I keep bringing ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 74 1 up? Like it says we have a meeting every other week 2 and stuff like that. Seems like we could deal with 3 that stuff and get it off the table. 4 MR. PAVAO: I'm sure Amy will take care of 5 that. 6 MS. SELF: I'll deal with what? 7 MR. PAVAO: All the inconsistencies. 8 MR. HIGGINS: She said that three months ago. 9 MR. PAVAO: Like there's a provision there 10 that says we're supposed to meet -- 11 MS. SELF: I've already done that change. 12 That's because she had to redo the whole thing, so now 13 I got to go back and redo it. 14 MR. BRILHANTE: Can I make one suggestion? 15 If each of you are going to come up with your proposed 16 language, just to expedite the discussion and everybody 17 is looking at what is going on, my recommendation would 18 be if you could get your proposed questions or 19 language/amendments in to our secretary, Commission 20 secretary, Glynis Yamada, at least six days or a week 21 prior to our next scheduled meeting; that way, she can 22 go and make copies and she can make sure to disseminate 23 the copies. 24 MR. CAMPBELL: Send it just to her, right? 25 MR. BRILHANTE: Correct, just to her. Yes. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 75 1 Individually directly to her. 2 CHR. ONO: We need to set a date on that. 3 MR. HIGGINS: Redact your e-mail. 4 MR. CAMPBELL: Too late. It's already out 5 there. 6 CHR. ONO: We need to set a date by which to 7 submit. 8 MR. BRILHANTE: I think we need the date for 9 our next meeting, and we'll work our way backwards. 10 CHR. ONO: Okay. Let me see. "Opportunity 11 for Commissioners to request items for placement on the 12 next agenda." 13 MR. FRATINARDO: Yes. 14 CHR. ONO: Okay, go ahead. 15 MR. FRATINARDO: Okay. So the last meeting, 16 we were discussing the Charter Commission, and I had 17 mentioned that I was thinking about a charter amendment 18 to present to Mr. Adams. I should have contacted you, 19 but I got really busy. Is it written in stone that we 20 have to get back to them by the 26th of October? I 21 mean, can we -- 22 CHR. ONO: I don't believe so. 23 MR. FRATINARDO: Because there's two years. 24 CHR. ONO: Anytime is a good time. Anytime 25 is a good time. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 76 1 MR. FRATINARDO: So discussion of a -- 2 CHR. ONO: We'll do it anyway -- 3 MR. FRATINARDO: Yeah. 4 CHR. ONO: -- regardless. 5 MR. FRATINARDO: So discussion of charter 6 amendment. 7 CHR. ONO: Okay. I'm going to put it down. 8 MR. FRATINARDO: Proposed charter amendment. 9 CHR. ONO: You as a lead on that. 10 MR. FRATINARDO: Yes. 11 CHR. ONO: Okay. And then we're going to also 12 put back the election of officers. 13 Let me see. What's here? What did I write 14 here? I can't even read. Policy on -- oh, we have 15 that -- discuss what you were talking about, Jim, you 16 know, that League of Women Voters, and how we will 17 respond to these inquiries from outside. Okay. 18 And then what about this merit item? Does 19 that go back on? While you were gone, I think, Bill, 20 we talked about discussing merits of the individuals in 21 these positions, like the rating of the Police Chief, 22 the Fire Chief. 23 MR. CAMPBELL: I thought that's what we were 24 talking about in your coming up with a schedule having 25 them visit. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 77 1 CHR. ONO: So it's part of the invitation thing? 2 MR. PAVAO: Right. 3 CHR. ONO: Okay. 4 MR. BRILHANTE: Again, just for 5 record-keeping, I think we have to go back to item 6 No. 2, C.2. of the Unfinished Business; and what we 7 should do is we should propose two actions. One is the 8 group makes a decision as to whether or not we would 9 like to continue discussion on this topic; and, two, if 10 the outcome of that is yes, you do, then we should set 11 a date -- 12 CHR. ONO: Right. 13 MR. BRILHANTE: -- for the questions or for 14 each Commissioner's own proposed amendments to be 15 submitted to the -- 16 CHR. ONO: To Glynis, right. 17 MR. BRILHANTE: -- the Commission secretary 18 by. So, then, we should have just a informal discussion 19 when the next meeting will be held so we can kind of 20 work our way back because I know that that topic 21 area -- the date of the next meeting is last on our 22 agenda; so I recommend we do a informal discussion. 23 CHR. ONO: Yeah, let's do that right now. 24 Okay. Glynis, the next scheduled date is 25 Thanksgiving Day. That's a great day. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 78 1 MS. SELF: Will you bring the turkey? 2 CHR. ONO: No, let's go to some bar. 3 MR. BRILHANTE: That's stricken from the 4 record. 5 MR. CAMPBELL: I thought you switched to 6 drinking coffee. 7 CHR. ONO: So, Glynis, do you want to suggest 8 some dates so everybody can look at their calendars? 9 MS. YAMADA: Let me see when the room is 10 open. 11 CHR. ONO: Okay. 12 MR. FRATINARDO: I have a question for the 13 Chair regarding that next meeting addressing the 14 charter amendments. 15 CHR. ONO: Yes. 16 MR. FRATINARDO: Do I have to seek permission 17 from the Chair to go do research regarding -- it's 18 going to take a little bit of research. I may have to 19 speak with Jon Henricks. 20 CHR. ONO: I don't think so. You're going as 21 an individual, right? 22 MR. FRATINARDO: Okay. 23 CHR. ONO: You're not representing the entire 24 Commission. 25 MR. FRATINARDO: Well, it's going to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 79 1 be something I'm going to be introducing as a charter 2 amendment through the Commission. 3 CHR. ONO: I'm sorry. 4 Okay. 21st, the day before Thanksgiving. 5 23rd, the day after Thanksgiving. 6 MS. SELF: That's bad. 7 MR. HIGGINS: Yuck, yuck, yuck. 8 MR. PAVAO: Before. 9 CHR. ONO: 21st? 10 MR. HIGGINS: The next week. 11 CHR. ONO: The week after? 12 MR. HIGGINS: Yeah. 13 MS. SELF: 28th? 14 CHR. ONO: That would be fine. I travel from 15 the 27th, but you can have a meeting when I'm not here. 16 MR. PAVAO: Go the day before, then. 17 MR. CAMPBELL: 26th, then. 18 MR. HIGGINS: Yeah, I'm free. 19 CHR. ONO: There's something going on in here. 20 MS. SELF: 27th is -- oh, you're going to be 21 gone. 22 MR. PAVAO: 21st. 23 MR. FRATINARDO: We go back to the day before 24 Thanksgiving? 25 CHR. ONO: We can do the 27th. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 MR. HIGGINS: How about 19 or 20? 2 MR. CAMPBELL: He can do the 27th. 3 CHR. ONO: We can do the 27th. We may have 4 to start it at -- can we start earlier? Because I'm 5 flying out that day. 6 MR. PAVAO: For you, I will sacrifice. 7 MR. HIGGINS: Yeah, me, too. Anything for 8 you. 9 MR. PAVAO: I'll be pissed off, but I'll 10 sacrifice. 11 CHR. ONO: How about 7 a.m. in the morning? 12 MR. CAMPBELL: Not that much of a sacrifice 13 MR. HIGGINS: As long as you're buying 14 breakfast. 15 CHR. ONO: I think we can do 9:30 again. 16 MR. HIGGINS: 27th? 17 CHR. ONO: Yeah, 27th at 9:30. 18 MR. HIGGINS: I'm good. 19 MS. SELF: November 27th. 20 MR. PAVAO: 9:30. Oh, the traffic. 21 MS. SELF: Oh, come on, Milton. 22 MR. PAVAO: Hey, you come on the road by my 23 place and see the traffic. I'm not lying. 24 CHR. ONO: Well, you better to talk to 25 Department of Transportation, Highways Division. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 81 1 MS. PAVAO: You should see in front of our 2 house on school mornings. The traffic is backed -- 3 CHR. ONO: I know. 4 MS. PAVAO: -- all the way down -- 5 CHR. ONO: I know. 6 MS. PAVAO: -- on Pohaku Circle. 7 MR. PAVAO: Oh, no. Never mind. They don't 8 believe us anyway. 9 CHR. ONO: It doesn't matter. 10 Let me see. With that in mind, I think we 11 can set the date. 12 Glynis, if that meeting is going to be on the 13 27th, what would be a good date for the Commissioners 14 to submit -- 15 MS. YAMADA: I'll need to safely post the 16 agenda by the 20th, so all the information -- 17 CHR. ONO: Can we get it to her by the 16th, th' 18 comments on the administrative rules? 19 MR. PAVAO: I think we know what we want to 20 do, so I don't think it would be a problem. 21 CHR. ONO: Okay. 22 MR. PAVAO: By the 16th? 23 CHR. ONO: Yeah. To Glynis, yeah. 24 Glynis, do you want to send out a reminder to 25 the Commissioners? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 2 ji It 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. YAMADA: Yeah, I can. CHR. ONO: And you better include the format that you need it in. I don't know whether these people can just line out and -- MS. YAMADA: Well, actually, it will be like new language; so the language will be all brand-new for the new section regarding the review and consideration, recommendations. CHR. ONO: Okay. MR. HARANO: So when is it? The 16th? MR. PAVAO: Yeah. CHR. ONO: Yeah, by the 16th. Close of business by the 16th. MR. HARANO: I have one currently that I just -- and it's the use of the word -- it's in Chapter 200-3(c), "Use of number and gender." Says, "Words importing." The use of the word "importing." Is it "importing," or is it "imparting"? MR. PAVAO: Where is that? MR. HARANO: Chapter 200-3 (c) . CHR. ONO: This is a clarification you're looking for, yeah? T RT) T7 T T-) T TT/l . MS. YAMADA: Yeah. Did you find it? These are the original rules. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 83 1 It is "importing." 2 CHR. ONO: The original one says "importing." 3 MR. HARANO: Yeah. My question is should it 4 be "imparting"? If you read the whole section, section 5 (c) . Just clarification. 6 CHR. ONO: Nelson, clarification. Are you 7 asking what it should be? 8 MR. HARANO: I'm asking whether it's 9 "importing" or should it be "imparting." 10 CHR. ONO: The original says "importing." 11 MR. HARANO: Yeah, I understand that. 12 MR. HIGGINS: Is that right or wrong? 13 MR. HARANO: Yeah. 14 MR. CAMPBELL: My wife is an English teacher. 15 I'll ask her. 16 CHR. ONO: I would submit that as part of your 17 submittal on the 16th. 18 MR. HARANO: Okay. I'll let Bill decide. 19 MS. SELF: And I'm also going to have to 20 change the rule-making section, because I can look at 21 it right now and know that it's not in compliance with 22 Chapter 91, so these rules were probably adopted before 23 Chapter 91 was passed or at least before -- maybe there 24 were amendments to Chapter 91 and these rules were 25 written before that. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 So, it's in desperate need of amendment. 2 CHR. ONO: Okay. Anything else, anybody? 3 MR. PAVAO: No. 4 MR. CAMPBELL: Yeah, I have a question on the 5 rules. 6 CHR. ONO: We need a motion for the item 2, 7 that the item is postponed or -- 8 MS. YAMADA: Postponed to our next meeting. 9 CHR. ONO: Yeah, it's postponed to the next 10 meeting. Your comments need to be submitted to the 11 Commission secretary, Glynis Yamada, on or by the 16th 12 of November. 13 MS. IKEDA: So moved. 14 CHR. ONO: Second. 15 MR. PAVAO: Second. 16 CHR. ONO: All those in favor say "Aye." 17 (All members responded affirmatively.) 18 CHR. ONO: Okay, it's on the agenda. 19 Motion to adjourn. 20 MR. PAVAO: So moved. 21 MS. IKEDA: Second. 22 CHR. ONO: Okay. All those in favor say "Aye." 23 (All members responded affirmatively.) 24 (The meeting adjourned at 11:27 a.m.) Mw ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF HAWAII SS. COUNTY OF HAWAII Page 85 I, TERI HOSKINS, a certified court reporter in the State of Hawaii, do hereby certify that the foregoing pages are a true and correct transcription of the proceedings in the above matter. Dated this 19th day of October, 2018. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933 -98 00 Ms. Teri Hoskins, Certified Court Reporter, transcribed the aforementioned proceedings of the Salary Commission at its meeting held on October 9, 2018. Glynis Yamada, Secretary, Salary Commission, had incorporated some minor formatting/housekeeping revisions throughout the transcript. Respectfully Submitted, 41/14A2 , aiptad(L Glynis Yamada, ecretary APPROVED: L9)-1 „.4y Hugh Y. Ono, P. E., Chair Salary Commission Q I- H N r N- O) � N- O) h M r- O N (o CD N- M (N O) N N CO N o Cr) 0) N r M O) M (O O) r--.. W r r ti r O) r 00 r r N r U) M N M r M U) M N C`) O � r r 1- 1-- N-- N- Ce rrr OaJ W WQ a. O v) O) t- 0 U) r r r r r r m M r 0 MMO N- O) r O) r (O (0 (0 CO (o (O (0 r "T (0 (O N O CO N U) CO U) (0 (0 00 (0C) N M O O O O) a0 O 00 N VT M N N M (0 f(0vO Nf O W LLL`IQIQIQJJJ+ M 0 LO M 7fM M M M M N N N o0 (o N a0 00 N QO CO O GO N L N O) N CO U) U) M U) M M M (0 U) M CO N C') r C') r r r r r r r r r r r r r r 1.-- s-- N- rr r O INN li. O aa.. J aM. 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I (LL� ) Oa. o_ w 22o 0000 _1 am wo 0 }farryKiwvJ tYOF`} -* ifuc�.h.Y. Ono, P. E. Mayor ro `L '. Charm ' :* Floren.c&K. .1-keda covvty of}fawayC spy c AuptMAJCenter, 101 pau -h&Street,Suire/2, Rao-, ifawa.GL96720 (808) 961-8361 Faw(808) 961-8617 September 19, 2018 To: Douglass Shipman Adams, Chair Hawai`i County Charter Commission From: Hugh Y. Ono, Chair Hawaii County Salary Commission Subject: Request for Input from the Salary Commission At its rescheduled meeting on Monday, September 17, 2018, the Salary Commission is informing you that: 1. This Commission has issues and concerns with Ordinance No. 18-30 (Bill 98, Draft 2), which was approved by the Hawaii County Council earlier this year. 2. This charter amendment, if approved, will add additional duties and tasks to the Salary Commission's approval process in setting salary changes for the appointed level positions under its jurisdiction. 3. The main concern is that these new provisions will add cost to the existing process and there are questions as to the cost-benefit of this new amendment. A motion to the above was approved by the Commissioners at the subject meeting. For informational purposes, please find enclosed Ordinance No. 18-30. HYO/gy Enclosure eorge./W. Ccunpbell, }fa.roia.Dow, M. D., 71w-m,a4eE. Fratinw rico-, Nei/so-n/14. }fc ra,vw; Javfe.s-W. 1-(4g4,114,,, Matovvpcwao- P. E. Mem42)e-rs, ATT. B ftawa.viCownty iba.wEqu.al/Opportu-s y Provi,der and/Employer. J�SY Oi N ,. COUNTY OF HAWAII .fes`" f`•' STATE OF HAWAII BILL NO. 98 (DRAFT 2) ORDINANCE NO. i 8 30 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13- 28 OF THE HAWAII COUNTY CHARTER(2016 EDITION), RELATING TO THE SALARY COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article XIII, section 13-28 of the Hawai`i County Charter (2016 Edition), is amended to read as follows: "Section 13-28. Compensation; Salary Commission. (a) The salary of all county elected officials and appointed directors and deputy directors of departments and executive agencies shall be established by a salary commission which shall consist of nine members appointed by the mayor with the approval of the council, in the manner prescribed in Section 13-4(b). The members may be removed in the manner prescribed in Section 13-4(b). (b) One member shall be a resident of each council district. In addition,the director of human resources and deputy director of human resources shall serve as ex-officio members of the commission in an advisory capacity. (c) The commission shall establish its rules of procedure, which shall provide that it meet at least annually, and adopt rules and regulations having the force and effect of law. (d) The commission shall review and compensate all county elected officials and appointed directors and deputy directors so that their total salaries and benefits have a reasonable relationship to compensation in the public and private sectors. The salary commission shall consult with those boards and commissions which have appointing authority for department heads. (e) At least thirty days prior to the approval of any salary adjustment, the salary commission shall: (1) Publish at least once in at least two daily newspapers of general circulation in the county a detailed account of its proposal,or proposals, including specific increases or decreases in both actual dollar amounts and percentages; (2) Hold at least one public hearing in either east Hawai`i or west Hawai`i,provided that any public hearing shall be conducted using video conference technology to allow for public participation from both east and west Hawai`i; and (3) Submit copies of a detailed report of the commission's findings and conclusions used to develop its proposal, or proposals,to the office of the county clerk and the office of the mayor for public inspection. The public notice required pursuant to this subsection shall include notification that the report of the commission's findings and conclusions is available for public inspection at the aforementioned locations. (f) Any adjustment that increases or decreases any salary by more than ten percent shall require an affirmative vote of two-thirds of the entire membership of the salary commission." SECTION 2. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawai`i,the reviser need not include the underscoring. SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance,which can be given effect without the invalid provision or application, and to this end,the provisions of this ordinance are severable. SECTION 4. Upon adoption of this ordinance, this council,by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawai`i County for approval in the 2018 general election. SECTION 5. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting on this legislation in the 2018 general election, as duly certified. ODUCED BY: AIIP" 415 .' CIL MEMBER, CO r AWAI`I Hilo , Hawai`i Date of Introduction: March 14, 2018 Date of 1St Reading: March 14, 2018 Date of 2nd Reading: March 28, 2018 Date of 3rd Reading: April 11, 2018 Effective Date: November 6, 2018, if approved by the voters 712.2 REFERENCE Comm. 2 COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII County of Hawai`i Hilo, Hawai`i ZOO APR 25 AM 9: 05 • Introduced By: ROLL CALL VOTE Date Introduced: AYES NOES ABS EX First Reading: Chung Published: David Eoff REMARKS. Kanuha Lee Loy O'Hara Poindexter Richards Ruggles Third Reading: April 11, 2018 To Mayor: April 19, 2018 Returned: April 25, 2018 ROLL CALL VOTE Effective: Novarher 6, 2018, if awecl by the voters AYES NOES ABS EX Published: May 5, 2018 Chung X David X REMARKS. April 11, 2018 : Third of Eoff X three required readings pursuant to Kanuha X Section 15-1 (a) ; Hawai`i County Charter Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPERS N rove isapproved this '1,L1111 day }� Q of l � 20 IS LINTY CLERK / 98 (Draft 2) MAYOR, COUNTY OF - C Bill No.:WAIT Reference: C-712 .2/FC-83 Ord No.: 18 30 COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII County of Hawai`i Hilo, Hawai`i 2018 APR 25 All 9: 05 Introduced By: Susan L. K. Lee Loy ROLL CALL VOTE Date Introduced: March 14, 2018 AYES NOES ABS EX First Reading: March 14, 2018 Chung X Published: March 24, 2018 David X Eoff X REMARKS: Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: March 28, 2018 8 0 1 0 To Mayor: N/A Returned: N/A ROLL CALL VOTE Effective: AYES NOES ABS EX Published: Chung X David X REMARKS. Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPERSON Approved/Disapproved this day of , 20 COUNTY CLERK BillNo.: 98 (Draft 2) MAYOR, COUNTY OF HAWAII Reference: C-712 .2/FC-83 Ord No.: Yamada, Glynis From: Charter Commission Sent: Monday, October 01, 2018 1:22 PM To: Yamada, Glynis Subject: Salary Commission's Response to Request for Info from Charter Commission Dear Chair Ono and Secretary,Yamada, Glynis, please share this e-mail with Chair Ono. Thank you for your continued interest in the Hawai'i County Charter Commission's work.Your correspondence has been provided to all Commissioners and will become a part of the permanent public record. Your communication regarding the Salary Commission's recommendations to the Charter Commission will be included on the agenda for potential discussion during the upcoming October 12, 2018 Charter Commission meeting. The Commission will diligently consider your comments and suggestions and greatly appreciates your efforts on behalf of a better future for our island home. Have a wonderful day. ATT. C 1 Yamada, Glynis From: Yamada, Glynis Sent: Tuesday, October 02, 2018 4:07 PM To: Yamada, Glynis Subject: RE: Recap of Salary Commission Phonecon w/Susan Dursin. From: Hugh Ono Sen Saturday, September 29, 2018 5:37 AM To. Subject: Recap of Salary Commission Phonecon w/ Susan Dursin. For Salary Commission Record: 1. Susan Dursin is a Director with the Hawaii Couty League of Women Voters. 2. She called to discuss Salary Commission's concerns about future Charter Amendment. This was based on her seeing the discussion on our Commission meeting on 9/17/18. 3. Information from Hugh Ono to Ms. Dusin: a. General Details of how the Salary Commission approved the executive raises in 2018 to include baseline information from other Counties, Private Sector and others. b. Concern over the County's ability to pay and as represented by the Department of Finance that funding was available. c. Concern over the County Council's Charter Amendment proposal: Public Hearing/s &2/3 vote on increase of more than 10%. d. Shared that our Rules are being revised to update some very old and obsolete rules. e. And that this last round of Salary Increases were made to catch up for the lack of any adjustments as far back as 3 -8 years. f. Also, that all the members of this Commission are new and none of the previous commissioners is a current member of this commission. g. Our opinion that there was "very little" activity by previous commission/s to make appropriate Salary Pay adjustments. 4. Ms. Dursin, appeared to understand what this commission is and was doing. 5. H. Ono to send her our summary of how these 2018 pay process and adjustments were executed. Phonecon: 20 minutes,4:00pm or so, 27 September 2018. From: Sent: Thursday, September 27, 2018 5:18 PM To: Hugh Ono Subject: Mahalo! Thank you so very much for your quick, helpful response. I appreciate it. Susan Dursin 1111.11111. Director, Hawai' i County League of Women Voters ATT. D 1