STATE OF HAWAII
BOARD OF EDUCATION
HUMAN RESOURCES COMMITTEE

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, May 17, 2018


PRESENT:
Brian De Lima, Esq., Committee Chairperson
Hubert Minn, Committee Vice Chairperson
Patricia Bergin
Margaret Cox
Nolan Kawano
Kili Namau‘u
Bruce Voss, Esq.

EXCUSED:
None

ALSO PRESENT:
Christina Kishimoto, Superintendent
Cynthia Covell, Assistant Superintendent of Talent Management, Office of Human Resources
Nanette Hookano, Personnel Specialist, Office of Human Resources
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 1:32 p.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 March 13, 2018

ACTION: Motion to approve the Human Resources Committee Meeting minutes of March 13, 2018 and the Human Resources Committee Meeting executive session minutes of March 13, 2018 (Voss/Cox). The motion carried unanimously with all members present voting aye. IV. Discussion Items

Cynthia Covell, Assistant Superintendent of Talent Management, Office of Human Resources, introduced Nanette Hookano, Personnel Specialist, Office of Human Resources. Covell reviewed pending cases of Department of Education (“Department”) employees on DDL or LPI. Covell stated that the Department last briefed the Committee in October. She explained that the Department currently briefs the Committee on a semi-annual basis rather than quarterly as it had done in the last few years.

Covell stated that the Department closed 34 cases, opened 59 cases, and has 55 cases pending. She detailed that out of 24,000 salaried employees, the Department has placed 0.002% of personnel on DDL or LPI. Covell highlighted that although each case is important and requires the Department to investigate, the number of employees the Department is investigating is small relative to the Department’s total number of employees. Covell stated that out of the 59 cases that the Department opened, 44 are pending investigation. She detailed that the Department opened and closed 15 cases simultaneously during this period. Covell noted that the number of cases are slightly different from the past. She explained that the Department opened, on average, 30 to 40 cases in a quarter. She further explained that current numbers are higher due to a longer reporting period.

Covell reviewed the disposition of cases that the Department closed. Out of the 34 cases that the Department closed, five cases resulted in terminations, three cases resulted in suspensions, three cases resulted in written reprimands, one case resulted in the Department requiring an employee to review its policies, 13 cases resulted in resignations or retirements, and nine cases resulted in employees returning to work. Covell stated that the Department’s goal is to open and close cases within six months. She noted that four cases have exceeded the six-month timeline. Covell detailed that the Department closed 15% of cases after 12 months, 26% of cases between seven and 11 months, and 59% of cases within six months. She highlighted that the Department is working on its timeliness. She noted that some cases require a period that exceeds six months due to complications. Covell explained that sometimes the Department uncovers additional allegations during its investigation process or decision-makers have follow-up questions and need to conduct additional investigations. Covell stated that it is manageable for the Department to close cases within six months but added that cases will extended beyond that range in some instances. She stated that the Department continues to monitor and talk to decision-makers and investigators at the school and complex levels to stay within timelines. She noted that the Department closed the same amount of cases as it did in previous reports over the last two years. She highlighted that the Department’s timeliness slightly improved.

Covell detailed that 35 of the Department’s pending cases are within a six-month period. One outlier is a result of the Department uncovering additional allegations during its investigation process. She stated that 7%, or four of 55 cases, are still open after 12 months. Covell noted that 15 cases have been open between seven to 11 months, and 78% of cases were open for less than six months. Covell highlighted that the Department is working to close its school-level cases by the end of the school year. She stated that timeliness, accuracy, and safety in the workplace are paramount. Covell detailed that out of 55 pending cases, 40 employees are on DDL and 15 employees are on LPI.

Covell detailed that 15 cases (or 27%) occurred at an elementary school, 12 cases (or 22%) occurred at a middle school, 21 cases (or 38%) occurred at a high school, two cases occurred at a kindergarten through twelfth grade school, four cases occurred at a sixth through twelfth grade school, and one case occurred at the district level. She noted that 37 alleged perpetrators are teachers.

Covell reviewed trends and noted that the number of cases have increased. She explained that the comparison is flawed because in the past, the Department reported on cases every three months, but it is currently reporting on cases over a seven-month period. She highlighted that the Civil Rights Compliance Office hired equity specialists and training and awareness has increased. Covell detailed that the “#MeToo” movement has resulted in discussions regarding appropriate workplace conduct. Covell reiterated that although the Department opened 59 cases during the last seven-month period, this is a small number in relation to the overall community. She stated that the Department needs to remain diligent in ensuring that employees understand what entails appropriate conduct, administrators understand the process of conducting investigations, and decision-makers understand their role. Covell highlighted that Hookano visited complex areas to conduct decision-making and investigation training. She further highlighted that the Department is developing a new decision-making manual that it will roll out next school year and will continue to provide training. Covell detailed that Hookano also visited the New Principal Academy and had discussions with leadership pipeline candidates. Covell noted that the Department’s current database is not user-friendly and detailed that the Department uses Microsoft Excel spreadsheets for tracking. She highlighted that the Department will consider more efficient programs that would allow users to input data.

Committee Member Bruce Voss stated that the Department asked for three positions in the supplemental budget for investigators to conduct trainings, but the Legislature did not provide the Department with these positions. He asked how this would affect the Department’s investigations and trainings. Covell emphasized the importance of investigators and explained that the Department’s timeliness would decrease. She detailed that vice principals conduct investigations at the school level, districts have their own investigators, and complex areas have a single investigator. However, state offices need more investigators. Covell detailed that the state-level investigators consist of Hookano and her assistant. She stated that the Department needs to ask for additional positions the following year and reiterated that a lack of positions would result in decreased timeliness.

Committee Member Voss inquired whether the Department expects to resolve its four cases that have been pending for over 12 months by the end of the school year. Covell stated that the Department’s goal is to close these cases by the end of the school year. She stated that if the Department does not resolve these cases by the end of the school year, they might be pending until September due to adjudication. Committee Member Voss stated that there have been multiple instances of cases pending for over a year due to these reasons. He asked the Department to make an effort to close these cases before the end of the school year.

Committee Chairperson De Lima asked approximately how long the four cases pending for over 12 months have been pending. He encouraged the Department to close these cases before the end of May. Covell stated that she believes two cases have been pending for over a year. Committee Chairperson De Lima asked the Department to provide him with more specific information regarding how long cases pending for 12 months or more have been pending.

Committee Chairperson De Lima asked if the Department noticed any trends in terms of whether there is a cluster of cases in particular schools or particular areas. Covell stated that the Department reviewed each complex area and school but did not notice any patterns. She noted that cases are spread across the state. Committee Vice Chairperson De Lima stated that the Department is performing well in its handling of cases and investigations and should continue to update the Committee every six months.


V. Recommendation for Action
Covell stated that the Department is requesting that the Committee authorize the Department to change the reporting structure of leadership at the Deputy Superintendent and Assistant Superintendent levels. She noted that these changes are important for Board of Education (“Board”) and Department Joint Strategic Plan initiatives and efficiency. Covell detailed that the Department’s proposed change to the reporting structure focuses on designing the various offices toward tri-level needs and provides Department leaders clarity on their roles and expectations. Covell stated that the Department proposes that all Assistant Superintendents report to Superintendent Kishimoto, as some Assistant Superintendents currently report to the Senior Assistant Superintendent and some to the Deputy Superintendent. The Department also proposes that the current temporary position of Senior Assistant Superintendent no longer exist and the incumbent return to the position of Assistant Superintendent of the Office of Fiscal Services. The Department also proposes that the Office of Curriculum, Instruction and Student Support (“OCISS”) be divided into two separate offices, the Office of Curriculum and Instructional Design and the Office of Student Support Services, each headed by an Assistant Superintendent. The incumbent of the Assistant Superintendent of OCISS would be appointed to the position of Assistant Superintendent of the Office of Curriculum and Instructional Design. Covell stated that the recommended effective date is July 1, 2018. She highlighted that these changes increase the effectiveness of the leadership team and strengthen the lines of reporting to the Superintendent.

Kishimoto stated that in reviewing the effectiveness of the Department’s organizational structure and design, she found that having Assistant Superintendents reporting to someone other than the Superintendent proved to be disjointed. She noted that it is also disjointed having employees in Director-level positions reporting to the Superintendent.

Committee Member Voss stated that there is always a level of question when one state office is broken into two in order to increase efficiency. He asked for more detail regarding why the Department is proposing dividing OCISS into two separate offices. Kishimoto explained that OCISS is a larger office, and its scope of responsibility is broad and includes everything from standards setting for curriculum and support for classroom curriculum decision making to support of athletics and Medicaid reimbursements. She stated that OCISS receives a significant amount of funding, and the Department’s financial review found that OCISS is too large, complex, and covering too many areas under one leader. She stated that OCISS needs additional leadership so that an individual is focusing on support services. Kishimoto noted that the Board and Department have spent the past year discussing the achievement gap, and OCISS needs additional focus on outcomes based on services it provides for students receiving special education services, students receiving English learner services, its homeless liaison work, and ensuring that all students have equitable access across schools. She added that OCISS also needs a leader who focuses on financial models, staffing models, and programmatic quality models. OCISS also needs to be able to keep advancing its work regarding quality curriculum design and advancement and have a leader who focuses on curriculum quality. She stated that all of these initiatives need to advance at a fast and quality pace.

Committee Chairperson De Lima stated that the Department’s recommendations are well founded.

ACTION: Motion to recommend that the Board approve a change to the reporting structure of Department of Education leadership at the Deputy Superintendent and Assistant Superintendent levels as described in the Department’s memorandum dated May 17, 2018 (De Lima/Voss). The motion carried unanimously with all members present voting aye.


VI. 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 personnel matters described on the agenda (Voss/Minn). The motion carried unanimously with all members present voting aye.

The meeting recessed at 1:51 p.m. and reconvened at 2:17 p.m.

Committee Chairperson De Lima asked if there was any public testimony. There was no public testimony at this time.


VII. Adjournment

Committee Chairperson De Lima adjourned the meeting at 2:18 p.m.