STATE OF HAWAII
BOARD OF EDUCATION
HUMAN RESOURCES COMMITTEE

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, February 21, 2019

PRESENT:
Brian De Lima, Esq., Committee Chairperson
Dwight Takeno, Committee Vice Chairperson
Patricia Bergin
Nolan Kawano
Kili Namau‘u
Catherine Payne
Kenneth Uemura
Bruce Voss, Esq.

EXCUSED:
Margaret Cox

ALSO PRESENT:
Christina Kishimoto, Superintendent
Cynthia Covell, Assistant Superintendent, Office of Talent Management
Francis Cheung, Administrator, Facilities Maintenance Branch, Office of School Facilities and Support Services
Tracy Okumura, Executive Assistant, Office of School Facilities and Support Services
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Board Private Secretary
Irina Dana, Secretary

I. Call to Order

The Human Resources Committee (“Committee”) meeting was called to order by Committee Chairperson Brian De Lima at 9:30 a.m.


II. *Public testimony on Human Resources Committee (“Committee”) agenda items

Committee Chairperson De Lima called for public testimony. There was no public testimony at this time.


III. Approval of Meeting Minutes of November 15, 2018

ACTION: Motion to approve the Human Resources Committee Meeting minutes of November 15, 2018 (Voss/Uemura). The motion carried unanimously with all members present voting aye.


IV. Recommendation for Action

Cynthia Covell, Assistant Superintendent, Office of Talent Management, stated that the Department of Education (“Department”) sought the Committee’s approval to reorganize the Office of Facilities and Support Services (“OSFSS”), Facilities Maintenance Branch (“FMB”), so that the Department could proceed with recruiting qualified personnel to fill vacant positions.

Covell stated that the Department had to plan its reorganization to place supervisory personnel in precise positions after it had to cut 17 positions. Covell detailed that the Department’s primary changes to the FMB structure include re-describing two positions, transferring eight positions to various districts or units, re-describing and transferring 13 positions to various districts or units, transferring 25 positions to the School Grounds Maintenance Unit, and having one supervisory position oversee two garages. She noted that the Department consulted with the Hawaii Government Employees Association and the United Public Workers unions, and both have agreed to move forward. Covell stated that the reorganization does not require new position descriptions or changes in duties for employees.

Committee Member Bruce Voss asked about the efficiency and cost effectiveness of the Department’s reorganization plan. Covell explained that the Department’s supervisory changes and School Grounds Maintenance Unit transfers would result in more effective operations. Tracy Okumura, Executive Assistant, Office of School Facilities and Support Services, detailed that the Department’s reorganization addresses the positions that the Department lost and ensures equitable services, appropriate staff, and efficiency within each district.

Committee Member Voss asked if certain schools or districts experience shortages in grounds maintenance services. Okumura explained that the Department reallocates resources from other districts to address needs if one district lacks resources, especially for emergencies, such as broken water pipes or electrical problems.

Covell stated that the Department’s reorganization and re-describing of positions would help the Department fill vacancies, which would lead to efficiency.

Committee Member Kenneth Uemura noted that the Department’s materials indicate there were no financial implications. He asked if the Department anticipated increasing wage bases and asked about the associated incremental cost. Committee Member Uemura asked how the Department plans to fill positions that are vacant due to low wages. Covell stated that she would need to review and compare salaries. She noted that the Department believes financial implications would be minimal because it only converted one position into a supervisory position.

Committee Member Uemura stated that the Committee received testimony in the past that indicated that the Department was unable to fill positions due to wages. He noted that the Department might need to review how it could increase wages or benefits in order to fill positions and asked about the Department’s plan to fill positions without increasing wages. He stated that the Department’s reorganization would need to address the issue of the Department reallocating resources because certain districts do not have enough resources. Covell stated that she would need to review if the Department plans to increase salaries for its supervisory positions and explained that the Department determines wage changes for different job classifications with the Department of Human Resources Development to remain consistent. Covell noted that there might be a financial impact if the Department is able to fill all of its vacant positions.

Committee Member Uemura stated that the reallocation of resources affects the budget process and noted that there appears to be a financial impact. Christina Kishimoto, Superintendent, explained that the Department’s reorganization reflects areas in which it needs personnel. She stated that the Department could provide the Committee with a separate report regarding areas in which salaries might be insufficient and changes in wages might be necessary.
Committee Member Uemura asked for more information about financial implications. Kishimoto stated that the Department could provide the Committee with a report regarding two departments that would experience significant financial implications once the Department corrects salaries. She explained that the reorganization is separate from the Department correcting salaries by combining positions to remain competitive.

Committee Vice Chairperson Dwight Takeno asked if the Legislature funds the positions the Department included in its summary of changes. Covell confirmed that it does. Committee Vice Chairperson Takeno asked if the Department could provide information regarding whether the Department is experiencing a shortage in any current OSFSS positions or positions that it plans to re-describe. He noted that the Department’s re-described positions might have different salary rates and differentials, which could help with its recruitment process. Covell stated that the Department could review positions for potential salary changes and either cite financial implications or verify that none exist.

Committee Chairperson De Lima asked about the Legislature’s decision to stop funding vacant positions. Covell stated that the Legislature made this determination in June 2017. Committee Chairperson De Lima stated that the Department might be having difficulty filling positions for reasons other than salary differentials. He noted that the Legislature might have stopped funding positions because the Department was using salary savings to increase surpluses. He asked why the Department has 15 vacancies and how these vacancies affect schools. Committee Chairperson De Lima noted that the Department should detail the implications if it wants to request additional positions from the Legislature. Covell stated that the Department attempts to fill each vacancy and detailed that the Department’s salaries are not competitive with other state agencies or private sectors that need the same labor.

Committee Chairperson De Lima asked about salaries within other state agencies. Covell explained that the Department competes with multiple state agencies that hire for the same positions and emphasized the importance of the Department communicating with other agencies and jurisdictions to maintain consistent salaries.

Committee Chairperson De Lima asked about the Department’s plan to fill its current vacancies. Okumura explained that the Department is addressing work orders and schools’ needs by hiring 89-day hires. He detailed that FMB is selective but is easing its requirements in order to fill positions. Committee Chairperson De Lima asked if the Department is using salary savings to hire private contractors to fill vacancies. Okumura explained that 89-day hires go through the casual hire process.

Committee Member Uemura asked about requirement reductions. Okumura detailed that the Department is reviewing lowering some standards and further detailed that potential employees need to pass certain skill tests to ensure that they are capable of providing a certain level of service. Kishimoto clarified that the Department is reviewing training applicants who do not meet skill levels internally rather than waiting for skilled applicants to apply. Committee Chairperson De Lima asked if the Department conducts background checks on these applicants prior to their first day of work. Kishimoto confirmed that it does.

Committee Member Patricia Bergin asked how many 89-day hires move into permanent positions. Okumura stated that he is unsure but could provide Committee Member Bergin with this data. Covell stated that the Department trains its 89-day hires and encourages them to apply for permanent positions.

Committee Member Uemura stated that it make sense for the Department to move 89-day hires into permanent positions after training these individuals internally and noted that the Department should track and monitor this process.

Committee Chairperson De Lima asked about the Department’s hiring process for 89-day hires. Covell explained that 89-day hires would need to meet the qualifications for the position. Francis Cheung, Administrator, Facilities Maintenance Branch, Office of School Facilities and Support Services, explained that it takes time for the Department to process paperwork once an individual applies for a permanent position. The Department might hire an individual as an 89-day hire if he or she is available immediately and then encourage him or her to apply for the permanent position. Cheung noted that the Department’s intention is to move 89-day hires to permanent positions, but it uses this process due to timing issues.

Committee Chairperson De Lima expressed concern over equal opportunities.

Committee Member Catherine Payne detailed her experience using 89-day hires at the school level and noted that some short-term hires become permanent employees.

Committee Member Bergin stated that the Department trains individuals to increase their skill levels during the 89-day window and then considers them for permanent positions.

Committee Vice Chairperson Takeno noted that the positions the Department included in its materials are opportunities for promotion for civil service employees who already have a permanent status. He asked if employees who are already in civil service positions have priority over 89-day hires. Covell confirmed that they do.

Committee Vice Chairperson Takeno asked about the Department’s vacant power mower operator positions. Cheung detailed the Department’s process to move 89-day hires to permanent operator positions and its recruitment process for operator positions, including job fairs. Committee Vice Chairperson Takeno asked if the Department posts vacancies for these positions. Covell confirmed that the Department has posted some positions but needs Committee approval of its reorganization to post others. She highlighted that the Department assigned a personnel officer to OSFSS who is dedicated to talent management needs.

Committee Member Voss asked if other divisions within the Department use 89-day hires in lieu of permanent employment. Covell explained that other divisions use 89-day hires but noted that the Department uses 89-day hires as a stopgap measure and not in lieu of permanent employment.

ACTION: Motion to recommend that the Board of Education approve the Department’s reorganization of the Office of School Facilities and Support Services, Facilities Maintenance Branch, as described in the Department’s memorandum dated February 21, 2019, provided that the Department reports on vacant positions within 90 days (Payne/Namau‘u). The motion carried unanimously with all members present voting aye.

Covell stated that the Department is requesting authorization to commence a reduction in force (“RIF”) for classified employees so that the Department may initiate the collectively bargained reassignment and bumping rights processes for the affected employees. She noted that the Department’s intention is to transfer employees without executing a RIF and detailed that it has been able to do so in the past.

Note: The Committee tabled discussion on this item for executive session and took action on this item after executive session.

ACTION: Motion to refer action on the declaration of the annual RIF for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs to the Board of Education for further consideration (Uemura/Kawano). The motion carried unanimously with all members present voting aye.

Note: The Committee deliberated on this item in executive session and took action on this item after executive session.

ACTION: Motion to approve the appointment of Heidi Armstrong as the Assistant Superintendent of the Office of Student Support Services (Uemura/Takeno). The motion carried unanimously with all members present voting aye.

V. Executive Session
This portion of the meeting was closed under Section 92-4 and Section 92-5(a)(2), Hawaii Revised Statutes.
ACTION: Motion to move into executive session to consider the dismissal of employees as described in agenda item V.B, entitled “Discussion of Human Resources Committee recommendations concerning declaration of annual reduction in force (“RIF”) for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs,” and to consider the hiring of an employee as described in agenda item V.C, entitled “Discussion on appointment of the Assistant Superintendent of the Office of Student Support Services” (Uemura/Takeno). The motion carried unanimously with all members present voting aye.

The Committee did not deliberate on agenda item V.A, entitled “Discussion on reorganization of Office of School Facilities and Support Services, Facilities Maintenance Branch,” in executive session.

The meeting recessed at 10:08 a.m. and reconvened at 10:41 a.m.

Committee Chairperson De Lima called for public testimony. There was no public testimony at this time.

Note: The Committee took action on agenda item V.B, entitled “Discussion of Human Resources Committee recommendations concerning declaration of annual reduction in force (“RIF”) for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs,” and agenda item V.C, entitled “Discussion on appointment of the Assistant Superintendent of the Office of Student Support Services,” after executive session.


VI. Adjournment Committee Chairperson De Lima adjourned the meeting at 10:42 a.m.