December 7, 2023

DRAFT

STATE OF HAWAII
BOARD OF EDUCATION
HUMAN RESOURCES COMMITTEE

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, December 7, 2023

PRESENT:
Shanty Asher, Chairperson
Bill Arakaki
Kaimana Barcarse
Kahele Dukelow
Warren Haruki
Ken Kuraya
Lauren Moriarty

EXCUSED:
Makana McClellan, Vice Chairperson

ALSO PRESENT:
Keith Hayashi, Superintendent, Department of Education
Sean Bacon, Assistant Superintendent, Office of Talent Management, Department of Education
Capsun Poe, Board Executive Director
Wimmie Wong Lui, Board Analyst
Lady Garrett, Secretary

I. Call to Order

Committee Chairperson Shanty Asher called the Finance and Human Resources Committee (“Committee”) Meeting to order at 10:42 a.m.

II. Recommendation for Action

A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year

Committee Chairperson Asher provided a summary of the recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year. She stated that the Board last revised the evaluation criteria on October 6, 2022 and a concise evaluation will help the Board and Keith Hayashi, Superintendent, Department of Education (Department) meet priorities for school year 2023-2024 as outlined in section IV of the memorandum.

Committee Chairperson Asher acknowledged that the Board is aware of certain concerns, and shared some background regarding the Board’s intent to be transparent with the educational community and the public. She emphasized that the Committee is dedicated to actively seeking and incorporating public input on all matters brought before the Board. Committee Chairperson Asher shared that the Committee will discuss the proposed evaluation process and remains committed to sharing summaries of our discussions relating to the superintendent’s evaluation.

Susan Pcola-Davis, member of the public, testified that last year the Board set a precedent and it is not good optics to change what was done. She expressed concern that the public will not hear the discussion on the superintendent’s evaluation and suggested a reconsideration of the evaluation process.

Julie Reyes-Oda, a member of the public, echoed comments from Pcola-Davis’ testimony. She emphasized that given the salary, an individual should be evaluated in public which provides an opportunity to not only evaluate the superintendent but also the Board members.

Committee Member Arakaki moved to approve the recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year. Committee Member Moriarty seconded.

Committee Member Moriarty expressed concern that the Board sought broad community input in the development of the strategic plan; however, it is not included in the evaluation which should be a top priority. She referenced an email from Keith Hayashi regarding the overall real estate optimization (OREO) strategy. She expressed concern that the Board has not heard any information regarding this. She asked why OREO is so important and urgent that it is one of the superintendent's top goals and priorities for this year. Committee Member Moriarty asked for clarification regarding the legal authority of the Board Chairperson to direct Hayashi without aligning it with the strategic plan and there should be consensus with the Board.

Committee Member Barcarse shared that he has similar questions and concerns relating to the strategic plan not being included which should be the first priority.

Committee Member Barcarse moved to amend the recommendation to revise language on page 7 to “the Board will provide interim feedback to the superintendent” and strike out “Board Chairperson and Chairperson of the Human Resources Committee.” Committee Member Dukelow seconded the motion.

Committee Member Haruki expressed support for the amendment.

Committee Member Barcarse clarified that the amendment is to revise the language on page 7 of the memorandum, that “the board will provide interim feedback to the superintendent” and strike out “Board Chairperson and Chairperson of the Human Resources Committee.” He shared that the Intention is that all Board members, with feedback from their communities, can provide input for the evaluation.

Committee Chairperson Asher called for a roll call vote on the amendment. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Dukelow, Haruki, and Moriarty).

ACTION: Amend the recommendation to revise language on page 7 to “the Board will provide interim feedback to the superintendent” and strike out “Board Chairperson and Chairperson of the Human Resources Committee.” (Barcarse/Dukelow)

Committee Member Moriarty moved to amend the target goals criteria so that the top priority goals for Hayashi should be to make measurable progress in the implementation of the strategic plan, both through his own personal efforts, oversight and leadership efforts of the Department priorities, resources, and strategic direction. Committee Member Barcarse seconded the motion.

Committee Member Haruki expressed support for the intent of the amendment and suggested that in Part 1 language be inserted to standard 3 so that the 5 professional standards are common across the leadership team for the Department. He noted that the targeted goals tend to be more specific to an individual leader and the comments from Committee Member Moriarty for alignment is spot on since all should have these characteristics.

Committee Member Barcarse respectfully disagrees that the professional standards are a way to conduct business and noted that targets are actual items working towards achievement of. He suggested that it is more appropriate to put it in the targeted goals as recommended by Committee Member Moriarty to emphasize the importance of the strategic plan.

Committee Member Arakaki stated that the link to the previous evaluation for the superintendent includes priorities such as working collaboratively with the Board to develop a comprehensive implementation plan.

Committee Member Haruki stated that the proposed amendment is great and noted that everyone needs to carry the same goals relating to the strategic plan. He expressed support for the language to be included.

Committee Member Dukelow asked for clarification and expressed support that the strategic plan be prioritized in the assessment. She stated that professional standards relate to how things are done.

Committee Chairperson Asher recessed the meeting at 11:19 a.m. and reconvened at 11:27 a.m.

Committee Member Barcarse clarified that a motion to amend will be put into the first targeted goal.

Committee Chairperson Asher clarified that the motion on the table is to amend the target goals criteria as the top-priority target goal for the superintendent to make measurable progress in implementation of the strategic plan through his own personal efforts, oversight, and leadership of DOE’s priorities, resources, and strategic direction.

Committee Member Arakaki commented that adding to the top priority requires the superintendent to provide evidence of progress made on 3 priorities, 27 desired outcomes, and 127 action items. He noted that the Board needs to understand that the superintendent has to provide the data regarding what needs to be done for his evaluation.

Committee Member Moriarty stated that targeted goals are what needs to be accomplished this year and the strategic plan includes all kinds of items including what measurements will be used to determine meeting these standards. She noted that the wording requests measurable progress and emphasized that good work has been accomplished. Committee Member Moriarty stated that it is important to see evidence on what was accomplished for the strategic plan on results for alignment within the system.

Committee Member Barcarse stated that Hayashi is responsible for a large system and it is a privilege to share the victories. He stated that he Intends to offer an amendment to add language that states, “This targeted goal will share measured progress, challenges, and solutions on the 3 Main Priority Areas of the Strategic Plan (Phase I) as evidenced by progress on the respective Department Action Items and the ‘Measuring Progress’ criteria (Phase II).”

Committee Member Moriarty asked for Hayashi to provide comments on the proposed amendment.

Hayashi expressed understanding and stated that the targeted goals are aligned to the strategic plan priorities. This goal was aligned to priority 1.3 and goal 2 is aligned to 3.1 and goal 3 for Maui emergency response which is all encompassing. He noted that the strategic plan overall is top of mind for the Department and for everyone in the tri-level so targeted goals will be specific to what the Board will evaluate him on to focus efforts in areas that encapsulates the goals. Hayashi clarified that goals and targets are specific; however, the Department always has the strategic plan at the forefront throughout the system.

Committee Chairperson Asher called for a roll call vote on the amendment. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Dukelow, Haruki, and Moriarty).

ACTION: Amend the target goals criteria so that the top priority goals for Hayashi should be to make measurable progress in the implementation of the strategic plan, both through his own personal efforts, oversight and leadership efforts of the Department priorities, resources, and strategic direction. (Moriarty/Barcarse)

Committee Member Barcarse moved to add language stating, “This targeted goal will share measured progress, challenges, and solutions on the 3 Main Priority Areas of the Strategic Plan (Phase I) as evidenced by progress on the respective Department Action Items and the “Measuring Progress” criteria (Phase II).” Committee Member Dukelow seconded.

Committee Member Haruki agreed with the intent of amendment to allow for flexibility since the strategic plan is a six-year plan. He stated that expecting desired outcomes to be done in one year is not realistic and stated that flexibility of prioritizing should be at the discretion of the leader, which would allow for more flexibility given changes as huge as the Lahaina wildfires.

Committee Member Arakaki wants to be sure that the superintendent has flexibility or choice to determine which areas he will use to be evaluated on.

Committee Member Barcarse withdrew the motion. Committee Member Dukelow agreed.

Committee Member Barcarse moved to amend to add an explanation, as follows “This targeted goal will share measured progress, challenges, and solutions on the 3 Main Priority Areas of the Strategic Plan (Phase I) as evidenced by progress on the respective Department Action Items and the “Measuring Progress” criteria (Phase II), at which point the superintendent will choose to prioritize which items are important to his evaluation.” Committee Member Haruki seconded.

Committee Member Moriarty noted that there is a difference between allowing the superintendent to select what he wants to share relating to his accomplishments and challenges for consideration on his evaluation versus choosing what areas to prioritize. She expressed strong support for allowing Hayashi to choose relating to challenges and progress made.

Committee Member Dukelow stated that the amendment is okay, since creating a strategic plan includes prioritizing.

Committee Member Arakaki stated that the three priorities, action items will be discussed at committee meetings and Hayashi will be held accountable and always want to know and make sure things will happen.

Committee Chairperson Asher called for the roll call vote. Board Members: Arakaki, Barcarse, Dukelow, Haruki, Kuraya, Moriarty, and Asher voting aye.

ACTION: Approve the amendment as follows, “This targeted goal will share measured progress, challenges, and solutions on the 3 Main Priority Areas of the Strategic Plan (Phase I) as evidenced by progress on the respective Department Action Items and the “Measuring Progress” criteria (Phase II), at which point the superintendent will choose to prioritize which items are important to his evaluation.” (Barcarse/Haruki)

Committee Member Moriarty moved to amend the targeted goals criteria to remove targeted goal 2 as proposed in the document. Committee Member Barcarse seconded.

Committee Member Moriarty stated that this was brand-new information and she does not understand why this should be a top priority for the superintendent to work on this year.

Committee Member Barcarse echoed comments from Committee Member Moriarty and expressed concern that he does not feel he has enough time to understand what OREO encompasses. He expressed support for the amendment to remove.

Committee Member Dukelow stated that part of the issue is that the strategic plan priorities were not put out in front but targeted goal 2 is part of priority 3. She expressed support for the strategy and stated that because the strategic plan was not specifically called out there are issues with context.

Committee Member Haruki stated that given the conditions of campuses for these reasons it was taken up by Hayashi as part of strategic plan goal 3.1 and a matter of pulling out priority items. He emphasized that campuses need more support to provide safe and healthy learning environments. Committee Member Haruki stated that the legislature expressed concern about CIP funding lapses, and a concerted effort is needed. He expressed support to leave OREO in as a specific targeted goal.

Committee Member Arakaki stated that this targeted goal will address the OREO and asked how much time is available to clarify.

Committee Chairperson Asher clarified that the amendment is to remove Targeted Goal 2.

Committee Member Arakaki asked if this can be added back into the evaluation at a later time.

Committee Member Barcarse stated that this will be the prerogative of the Committee Chairperson to bring it back to the table at a future meeting.

Committee Member Dukelow noted that although there are issues, she doesn't know how to argue that the OREO should not be a targeted goal and should be within the context of the strategic plan.

Hayashi recognizes the historical challenges facing the Department and OREO will be an overall real estate process to help identify these areas to highlight the importance, impact, challenges, and will help to leverage with stakeholders.

Committee Member Kuraya opined that OREO is a process but it is not a goal. He noted that the Board has gone through the process to highlight that changes are needed for schools and expressed support to keep the OREO in as a goal.

Committee Member Moriarty asked what success will look like for this goal. Hayashi replied that the OREO is an opportunity to gather information to assess and then create a plan.

Committee Member Barcarse stated that it is important to provide pertinent timely information to the Board. He noted that he is in support of the goal although there are questions.

Committee Chairperson Asher called for the roll call vote. Board Members Arakaki, Barcarse, Dukelow, Haruki, Kuraya, Moriarty, and Asher voted nay. Motion failed.

Committee Member Barcarse shared that last year the evaluation discussion was held in a public forum which was a positive experience. He expressed understanding for the desire for privacy and but without going into personnel matters it is good to have open discourse which is healthy.

Committee Member Barcarse moved to amend the recommendation on page 7 under August 2024 General Business Meeting, to remove the verbiage there and replace it with verbiage from the Human Resources memorandum dated October 6, 2022 in the timeline under May 18 and use this verbiage instead which states, “The Board publicly discusses and comes to consensus on the end of-year evaluation ratings for the Superintendent Priorities. The Board publicly discusses with the superintendent its final evaluation findings. The Board and superintendent engage in a joint self-reflection to identify lessons learned and areas of improvement for both parties using the information and data from the evaluation. The Board and superintendent may provide comments, ask questions, and make recommendations to each other. The Board may make changes to its end-of-year evaluation ratings after the discussion. The minutes of the meeting serve as the official record of the evaluation of the superintendent.” Committee Member Dukelow seconded.

Committee Chairperson Asher recessed the meeting at 12:29 p.m. and reconvened at 12:54 p.m.

Committee Member Barcarse moved to approve the superintendent evaluation criteria for the 2023-2024 school year as explained in Human Resource Chair Shanty Asher's memorandum, dated December 7, 2023, with the following amendments:

●

To revise the language to "the Board will provide interim feedback to the superintendent" and strike out "Board Chairperson and Chairperson of the Board's Human Resources Committee."

●

Add “This targeted goal will share measured progress, challenges, and solutions on the 3 Main Priority Areas of the Strategic Plan (Phase I) as evidenced by progress on the respective Department Action Items and the “Measuring Progress” criteria (Phase II), at which point the superintendent will choose to prioritize which items are important to his evaluation.”

●

Amend the recommendation on page 7 under August 2024 General Business Meeting to remove and replace with verbiage from the HR memo dated 10/6/2022 in the timeline under May 18, 2023 and use this verbiage instead which states, "The Board publicly discusses and comes to consensus on the end of-year evaluation ratings for the Superintendent Professional Standards and Targeted Goals. The Board publicly discusses with the superintendent its final evaluation findings. The Board and superintendent engage in a joint self-reflection to identify lessons learned and areas of improvement for both parties using the information and data from the evaluation. The Board and superintendent may provide comments, ask questions, and make recommendations to each other. The Board may make changes to its end-of-year evaluation ratings after the discussion. The minutes of the meeting serve as the official record of the evaluation of the superintendent.”

Committee Member Dukelow seconded.

Committee Chairperson Asher called for the roll call vote. Board Members: Arakaki, Barcarse, Dukelow, Haruki, Kuraya, Moriarty, and Asher voting aye.

ACTION: Approve the superintendent evaluation criteria for the 2023-2024 school year as explained in Human Resource Chair Shanty Asher's memorandum, dated December 7, 2023, with the following amendments:

●

To revise the language to "the board will provide interim feedback to the superintendent" and strike out "Board Chairperson and Chairperson of the Board's Human Resources Committee."

●

B. Committee action on recommendation concerning amendments to superintendent’s employment contract relating to salary and benefits

Committee Chairperson Asher called for public testimony on Board agenda items.

Julie Reyes-Oda, member of the public, testified in strong opposition in fairness to all public workers.

Susan Pcola-Davis, member of the public, echoed comments from Reyes-Oda and noted that she does not have a problem with how it is written, but with surprises, such as information not provided to Board members in advance.

Committee Member Arakaki moved to approve the employment contract as outlined in Asher memorandum dated December 7, 2023. Committee Member Kuraya seconded.

Committee Member Dukelow expressed concern and does not support the contract amendment. She noted that it is inappropriate at this time to suggest the contract amendment and cited issues with the way that the pay raises are characterized.

Committee Member Barcarse stated that he does not support the contract amendment at this point in time, and prefers to wait. He clarified that waiting is not related to the good work the superintendent is doing; however the optics are not good.

Committee Member Moriarty opined that the superintendent has a hard job and works all hours of day and night. She expressed support that the superintendent should be paid in line with his contributions and his enormous responsibilities, but unsure given the earlier discussions regarding budget. Committee Member Moriarty asked who brought the recommendation to the Committee.

Committee Chairperson Asher stated it was brought on by the Department, Board Chair Haruki, and herself. She expressed that she believed it would be good to bring it to the Committee for discussion.

Committee Member Arakaki recognized the timing is difficult but wanted to comment that Hayashi has done great work and has been an inspirational leader, and deserves the best salary and benefits available to him.

Committee Chairperson Asher echoed Committee Member Arakaki’s sentiments. She shared that Hayashi took on a role during the COVID-19 pandemic when nobody knew what was going on, at a time when kids needed him to step up. She asked Hayashi to share any comments.

Hayashi respects whatever decision is determined by the Board.

Committee Member Barcarse restated his intent to vote nay and offered an amendment to remove last paragraph in proposed contract amendment that reads, “Notwithstanding anything to the contrary in this Contract, the benefits conferred to the Superintendent under Section IV shall be at least as favorable as those offered to any Executive Branch director, and this provision shall be automatically amended, without any affirmative action taken by the parties hereto, effective September 1, 2023.” Committee Member Moriarty seconded the motion for discussion.

Committee Member Moriarty opined that she interpreted the provision as not applying to the salary level and an administrative simplification that would not require coming to the Board for minor changes.

Committee Member Barcarse appreciated Committee Member Moriarty’s clarification and withdrew the motion. Committee Member Moriarty agreed.

Committee Chairperson Asher called for the roll call vote. Board Members: Arakaki, Haruki, and Kuraya voted aye. Board Members Barcarse, Dukelow, Asher, and Moriarty, voted nay. The motion failed.

III. Adjournment

Committee Chairperson Asher adjourned the meeting at 1:23 PM.

List of the people who submitted written testimony before the meeting

NAME	Organization	Agenda Item
Michelle Kidani	State Senator, Vice President	II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year
Bob Davis	CAS, Leilehua, Mililani and Waialua Complex	II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year
Daniel Hamada	CAS, Kauai	II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year
Ed Noh	CAS, Castle-Kahuku	II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year
Janette Snelling	CAS, Honokaa-Kealakehe-Kohala-Konawaena	II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year
Esther Kanehailua	CAS, Hilo-Waiakea	II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year
Richard Fajardo, Lanelle Hibbs, Sean Tajima, Rebecca Winkie, Rochelle Mahoe, Linell Dilwith, John Erickson, Bob Davis, Ed Noh, Disa Hauge, Stacey Bello, Esther Kanehailua, Janette Snelling, Daniel Hamada, Desiree Sides	Hawaii Department of Education CAS’	II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year
Lynn Matsuo		II.A. Committee action on recommendation concerning the superintendent evaluation criteria for the 2023-2024 school year