STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Queen Liliuokalani Building

1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, July 14, 2022


PRESENT:
Bruce Voss, Chairperson
Bill Arakaki
Kaimana Barcarse
Lynn Fallin
Ken Kuraya
Makana McClellan
Lauren Moriarty
Kili Namauʻu


EXCUSED:
Shanty Asher


ALSO PRESENT:
Kyla Musso, Student Representative
Sean Bacon, Interim Assistant Superintendent, Office of Talent Management, Department of Education
Ainoa Naniole, Personnel Director, Negotiations Section, Office of Talent Management, Department of Education
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary


  1. Call to Order


Board Chairperson Bruce Voss called the Board of Education (“Board”) General Business Meeting to order at 1:30 p.m. Board Chairperson Voss and Board Members Bill Arakaki, Kaimana Barcarse, Lynn Fallin, Ken Kuraya, Makana McClellan, Lauren Moriarty, and Kili Namau‘u were present.


  1. Public Testimony on Board of Education (“Board”) Agenda Items


Board Chairperson Voss called for public testimony. No one testified at this time.


  1. Executive Session


Board Chairperson Voss stated that the Board could enter into an executive session to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities concerning the superintendent employment contract if any Board members had outstanding legal questions regarding the contract.


Board Member Moriarty stated that she has questions relating to the background check conducted by the Department of Education (“Department”) which states that Superintendent Keith Hayashi was cleared to work in close proximity to children. She asked if the background check conducted by the Department included information that may suggest financial issues, vulnerabilities, or reputation risks.


Board Member Moriarty emphasized that she does not have any reason to believe that Hayashi has any issues but she would like more information on the background check process.


Board Chairperson Voss explained that Board Member Moriarty raises important questions however these questions do not involve a legal issue for the Board’s attorney therefore the questions can be addressed during the action item.


Board Member Moriarty accepted the explanation from Board Chairperson Voss and noted that she will ask her questions during the action item.


No Board members moved to enter into an executive session.


  1. Approval of Meeting Minutes of May 5, 2022 General Business Meeting, May 19, 2022 Special Meeting, June 2, 2022 Special Meeting, and June 16, 2022 General Business Meeting


Board Chairperson Voss asked Board members to review the minutes of the Board’s May 5, 2022 General Business Meeting, May 19, 2022 Special Meeting, June 2, 2022 Special Meeting, and June 16, 2022 General Business Meeting.


Board Member Barcarse moved to approve the meeting minutes of the Board’s May 5, 2022 General Business Meeting, May 19, 2022 Special Meeting, June 2, 2022 Special Meeting, and June 16, 2022 General Business Meeting. Board Member Fallin seconded.


Board Member Moriarty moved to amend the main motion of the May 19, 2022 special meeting minutes to reflect the following, “Board Member Moriarty asked Galera to share about a time when he personally proposed a national or international best practice to ensure student success, how he learned about the practice and assessed its applicability to his situation, and what was the outcome." She also asked the same question to candidates Hayashi and Young and requested that it be similarly amended. Board Member Kuraya seconded.


Board Chairperson Voss asked if there were any objections to the subsidiary motion to amend the main motion. No Board Member raised objections, and the motion carried through unanimous consent from all members present (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


Board Chairperson Voss asked if there were any objections to the amended motion. No Board Member raised objections, and the motion carried through unanimous consent from all members present (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to approve the meeting minutes of the Board’s May 5, 2022 General Business Meeting, May 19, 2022 Special Meeting with amendments, June 2, 2022 Special Meeting, and June 16, 2022 General Business Meeting. The motion carried through unanimous consent from all members present.


  1. Action Items


Board Member Arakaki moved to (1) approve the employment contract with Keith Hayashi attached as Exhibit 1 to Board Chairperson Voss’s memorandum dated July 14, 2022, subject to approval “as to form” by the Board’s attorney, and (2) authorize Board Chairperson Voss to execute the contract on behalf of the Board. Board Member Barcarse seconded.


Board Chairperson Voss invited Sean Bacon, Interim Assistant Superintendent of the Office of Talent Management to provide information relating to the background search the Department conducted for Superintendent Keith Hayashi.

Board Member Moriarty asked if during the Department’s internal employment background check on Hayashi include checking if there are other issues such as personal misconduct, financial, or other vulnerabilities that may conflict with his position as the superintendent.

Board Member Moriarty noted that she does not suspect any of these types of issues nor does she have any of this type of information.

Bacon replied that the Department connects to the Hawaii Criminal Justice Data Center to conduct the employment background check, which will provide any information relating to criminal records for all employees to determine any potential threats.

Board Member Moriarty asked whether the background check only pertains to issues dealing with children or if it includes other types of misconduct.

Bacon replied that the employment background check report includes any type of criminal history or convictions on the record. Board Member Moriarty expressed appreciation for the clarification.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to (1) approve the employment contract with Keith Hayashi attached as Exhibit 1 to Board Chairperson Voss’s memorandum dated July 14, 2022, subject to approval “as to form” by the Board’s attorney, and (2) authorize Board Chairperson Voss to execute the contract on behalf of the Board (Arakaki/Barcarse). The motion carried unanimously with all members present voting aye.



Board Chairperson Voss called on Bacon to present the Department’s recommendation on the Bargaining Unit 06 tentative agreement between the Hawaii Government Employees Association (“HGEA”), the Department, and the Board.


Bacon outlined the Department’s recommendation concerning the four-year tentative agreement with HGEA Bargaining Unit 06 from July 1, 2021 to June 30, 2025. He stated that the tentative agreement provides adjustments to salaries and the amounts payable for the benefits administered by the Hawaii Employer-Union Health Benefit Trust Fund known as EUTF. Bacon stated that Hawaii Revised Statutes Chapter 89-6(d) provides that for the purposes of executing a collective bargaining agreement for HGEA Bargaining Unit 06, the governor shall have three votes, the Board shall have two votes and the superintendent shall have one vote. He stated that during the general business meeting held on November 18, 2021, the Board authorized Board Member Arakaki to act on behalf of the Board for HGEA Bargaining Unit 06 negotiations, the Department will continue to keep him apprised of any further information.


Bacon explained that the legislature appropriated funds to the Department to cover the cost associated with the collective bargaining agreement.


Board Member Arakaki moved to approve the Bargaining Unit 06 tentative agreements between HGEA, the Department, and the Board from July 1, 2021 to June 30, 2025 as attached as Exhibits A and B to Hayashi’s memorandum dated July 14, 2022. Board Member Kuraya seconded.


Board Member Arakaki shared that since February of 2022 he has been working with the Department on the proposals from HGEA including the intended outcomes. He deferred to Bacon on the specifics contained in the recommendation and emphasized that this will support the salary and benefits for HGEA Bargaining Unit 06 employees, which includes principals, vice principal and educational officers who help to ensure the success for our students and staff.

Board Chairperson Voss commended the Department and HGEA for coming to an agreement in a timely fashion so that the Legislature could fund the proposal.

Board Member Fallin stated that in Hawaii employees receive lower compensation than their national counterparts, so the raise is welcomed especially since employees have had to deal with the COVID-19 pandemic. She asked that the Department provide more information relating to the financial implications and to confirm whether the raises are included in the fiscal year 2022-2023 budgets.

Bacon explained that the Legislature passed Senate Bill 2787 to fund the raises and that these funds are transferred to the Department of Budget & Finance (“B&F”), which allocates the appropriate amounts to the Department.

Board Member Moriarty expressed concern that the Department’s memorandum does not include arguments for the recommendation and the impact implications. She emphasized that the recommendation states “none” for personnel implications and includes broad statements such as “fair and equitable” without providing an explanation. Board Member Moriarty stated that the recommendation memorandum does not represent a public record of accountability to tell the public why Board members should vote in favor of the recommendation.

Bacon explained that if the Department does not need to take away funding from other programs then no financial implications would be included in the recommendation. He stated that the recommendation would help the Department with capacity building to have competitive salaries that will assist with attracting, retaining, and recruiting personnel. Bacon also explained that the Department does not list personnel implications since it did not need to cut positions.

Board Member Moriarty asked whether raises would help to close the gap between what Department employees are paid and the national average. Bacon replied that the proposed salary increases help to close the gap, but due to inflation and price increases he will need to research and provide further information to the Board.

Board Chairperson Voss stated that in the past when the Board approved recommendations the Department included a total or incremental cost in its memorandum and that going forward the Board needs this information. He asked what the Department’s negotiations philosophy was for it to agree to this type of structure for the contracts. Bacon replied that the Office of Collective Bargaining provided this structure and that the Department elected to use this format.

Ainoa Naniole, Personnel Director, Negotiations Section, Office of Talent Management
stated that the Office of Collective Bargaining, which is within the Department of Human Resources Development led negotiations and provided the framework. He stated that the employer group offered this framework to most unions.

Board Chairperson Voss asked if there was any ability or desire for the Department to amend this structure. Naniole replied that the Department agreed that the structure was fair and equitable.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to approve the Bargaining Unit 06 tentative agreements between HGEA, the Department, and the Board from July 1, 2021 to June 30, 2025 as attached as Exhibits A and B to Hayashi’s memorandum dated July 14, 2022 (Arakaki/Kuraya). The motion carried unanimously with all members present voting aye.



Board Chairperson Voss called on Bacon to present the Department’s recommendation on compensation adjustments for Department employees excluded from Bargaining Units 03, 04, 06, and 13.


Bacon outlined the Department’s recommendation for the approval of compensation adjustments to Department employees excluded from Bargaining Units 03, 04, 06, and 13 from July 1, 2021 to June 30, 2025. He explained that the recommendation also includes adjustments to salaries and the amounts payable to the Hawaii Employer-Union Health Benefits Trust Fund also known as EUTF. Bacon stated that Hawaii Revised Statutes Sections 89C-3 and 89C-4 require the appropriate authority to adjust the wages of excluded and excluded exempt civil services employees to be equal to their counterparts within its jurisdiction. He noted that the legislature appropriated funding during the past legislative session, which has also been included in the state budget.


Board Member Arakaki moved to approve the compensation adjustments for excluded Department employees from Bargaining Units 03, 04, 06, and 13 as described in Hayashi’s memorandum dated July 14, 2022. Board Member Fallin seconded.


Board Member Fallin asked if both excluded and excluded, exempt employees are included in the proposal. Bacon replied that both excluded civil service and excluded non-civil service are excluded employees. He clarified that the recommendation does not include appointed positions.

Board Member Fallin asked how the Department would fund the compensation adjustments. She noted that the Board previously approved adjustments for the deputy superintendent, assistant superintendents, and complex area superintendents this year. Board Member Fallin asked for clarification on how the Department funds compensation adjustments made through collective bargaining or which the Board approves.

Bacon replied that all compensation adjustments are included in B&F budget for the Department as appropriated from the legislature.

Board Member Fallin asked if the proposed compensation adjustments include the deputy superintendent, assistant superintendents, or complex area superintendents. Bacon confirmed that the Department’s leadership positions are not included in the recommendation.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to approve the compensation adjustments for Department employees excluded from Bargaining Units 03, 04, 06, and 13 as described in Hayashi’s memorandum dated July 14, 2022 (Arakaki/Fallin). The motion carried unanimously with all members present voting aye.



Board Member Barcarse moved to adopt the amended bylaws attached as Exhibit B to Board Chairperson Voss’s memorandum dated July 14, 2022. Board Member Fallin seconded.


Board Member Moriarty moved to amend the main motion by amending Section 7.3 of the bylaws, entitled “Communication from the Public,” to read (language to be removed is stricken and language to be added is underlined): “Any member of the public or any
organization may submit written communication to the Executive Director of the Board on any matter involving public education or the public library system. The Executive Director of the Board shall file written communication shall be filed received from any member of the public or any organization on any matter involving public education or the public library system with the Board of Education, and shall advise all members of the Board shall be advised of the communication, and provide all Board members with access to the communication.”


Board Chairperson Voss clarified that the Board could only amend its bylaws when previous written notice with the specific language of a proposed amendment is given. Board Member Moriarty withdrew her motion.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to adopt the amended bylaws attached as Exhibit B to Board Chairperson Voss’s memorandum dated July 14, 2022 (Barcarse/Fallin). The motion carried unanimously with all members present voting aye.



Board Chairperson Voss stated he is recommending Board Member Barcarse as vice chairperson because he has the respect of Board Members who have previously served alongside him. He also stated that Board Member Barcarse has done extensive work as the chairperson of the Human Resources Committee and demonstrated his commitment to students with aloha (love).


Board Member Fallin moved to appoint Board Member Barcarse as vice chairperson for the 2022-2023 school year. Board Member Kuraya seconded.


Board Member Barcarse expressed appreciation for the opportunity to serve as the vice chairperson. He emphasized that he knows each Board Member is here for the community and keiki (children).


Board Chairperson Voss called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to appoint Board Member Barcarse as vice chairperson for the 2022-2023 school year (Fallin/Kuraya). The motion carried unanimously with all members present voting aye.



Board Member Kuraya moved to (1) appoint Board Member Namauʻu as committee chairperson, Board Member Arakaki as committee vice chairperson, and Board Members Asher, Barcarse, Fallin, Kuraya, McClellan, and Moriarty as members of the Student Achievement Committee; (2) appoint Board Member Fallin as committee chairperson, Board Member Kuraya as committee vice chairperson, and Board Members Arakaki, McClellan, Moriarty, Namauʻu, and Voss as members of the Finance and Infrastructure Committee; and (3) appoint Board Member Barcarse as committee chairperson, Board Member Asher as committee vice chairperson, and Board Members Arakaki, Fallin, Kuraya, Namauʻu, and Voss as members of the Human Resources Committee. Board Member McClellan seconded.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to (1) appoint Board Member Namauʻu as committee chairperson, Board Member Arakaki as committee vice chairperson, and Board Members Asher, Barcarse, Fallin, Kuraya, McClellan, and Moriarty as members of the Student Achievement Committee; (2) appoint Board Member Fallin as committee chairperson, Board Member Kuraya as committee vice chairperson, and Board Members Arakaki, McClellan, Moriarty, Namauʻu, and Voss as members of the Finance and Infrastructure Committee; and (3) appoint Board Member Barcarse as committee chairperson, Board Member Asher as committee vice chairperson, and Board Members Arakaki, Fallin, Kuraya, Namauʻu, and Voss as members of the Human Resources Committee (Kuraya/McClellan). The motion carried unanimously with all members present voting aye.



Board Chairperson Voss stated that the Board appointed Board Member Fallin as chairperson, Board Member Barcarse as vice chairperson, and Board Members Namauʻu and Voss as members of the ad hoc committee known as the Commission Outcomes Committee. He noted that Catherine Payne, former Board Chairperson, was also on the Commission Outcomes Committee before her term on the Board expired. He stated this is the Board’s opportunity to change the membership of the Commission Outcomes Committee and asked if any Board Members were interested in serving on the Commission Outcomes Committee.


Board Member Barcarse moved to appoint Board Member Moriarty to the Commission Outcomes Committee. Board Member Fallin seconded.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried with Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, and Namauʻu voting aye and Board Member Moriarty abstaining.


ACTION: Motion to appoint Board Member Moriarty to the Commission Outcomes Committee (Barcarse/Fallin). The motion carried with seven members voting aye and one abstaining.



Board Member Kuraya moved to (1) authorize the creation of the 2023 Legislative Investigative Committee as a permitted interaction group formed pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1) with the scope and authority defined in Board Chairperson Voss’s memorandum dated July 14, 2022; (2) authorize the creation of the 2023 Legislative Ad Hoc Committee as a permitted interaction group formed pursuant to Hawaii Revised Statutes Section 92-2.5(b)(2) with the charge and authority defined in Board Chairperson Voss’s memorandum dated July 14, 2022; and (3) appoint Board Chairperson Voss and Board Members Arakaki, Asher, and McClellan as members of the 2023 Legislative Investigative Committee and the 2023 Legislative Ad Hoc Committee, with Board Member Arakaki serving as chairperson of both committees. Board Member Barcarse seconded.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Arakaki, Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu).


ACTION: Motion to (1) authorize the creation of the 2023 Legislative Investigative Committee as a permitted interaction group formed pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1) with the scope and authority defined in Board Chairperson Voss’s memorandum dated July 14, 2022; (2) authorize the creation of the 2023 Legislative Ad Hoc Committee as a permitted interaction group formed pursuant to Hawaii Revised Statutes Section 92-2.5(b)(2) with the charge and authority defined in Board Chairperson Voss’s memorandum dated July 14, 2022; and (3) appoint Board Chairperson Voss and Board Members Arakaki, Asher, and McClellan as members of the 2023 Legislative Investigative Committee and the 2023 Legislative Ad Hoc Committee, with Board Member Arakaki serving as chairperson of both committees (Kuraya/Barcarse). The motion carried unanimously with all members present voting aye.



Board Member McClellan moved to appoint Board Member Arakaki as a Board Waiver Review Representative pursuant to the Board’s School Community Council Process and Procedures for Requesting Waivers from Policies, Rules, or Procedures. Board Member Kuraya seconded.


Board Member Fallin asked if the SCC waiver review process is similar to the academic and financial plans review process, which are approved by the complex area.

Board Member Arakaki stated that there is a process for review of SCC waiver requests, which schools submit to complex area superintendents. He also explained that the SCC waiver review process includes an appeals portion, if necessary.


Board Chairperson Voss called for a roll call vote on the motion. The motion carried with Board Members Barcarse, Fallin, Kuraya, McClellan, Moriarty, and Namauʻu voting aye and Board Member Arakaki abstaining.


ACTION: Motion to appoint Board Member Arakaki as a Board Waiver Review Representative pursuant to the Board’s School Community Council Process and Procedures for Requesting Waivers from Policies, Rules, or Procedures (McClellan/Kuraya). The motion carried with seven members voting aye and one abstaining.


  1. Late Public Testimony on Board Agenda Items


Board Chairperson Voss called for public testimony from any individuals who did not have an opportunity to testify on earlier agenda items.


Susan Pcola-Davis, member of the public, testified on agenda item V.F, Board Action on appointment of committee chairpersons, committee vice chairpersons, and members of the Student Achievement Committee, Finance and Infrastructure Committee, and Human Resources Committee. She suggested that the Finance and Infrastructure Committee place issues relating to ventilation on its agenda, given the recent announcement that masking in schools would be optional for the upcoming school year.


Board members received written testimony before the meeting. The following is a listing of the people who submitted written testimony before the meeting.


Name
Organization
Agenda Item
Wes Lum IV. Approval of Meeting Minutes of May 5, 2022 General Business Meeting, May 19, 2022 Special Meeting, June 2, 2022 Special Meeting, and June 16, 2022 General Business Meeting
David MiyashiroHawaii KidsCANV.A. Board Action on Superintendent Employment Contract
Lynn Otaguro V.F. Board Action on appointment of committee chairpersons, committee vice chairpersons, and members of the Student Achievement Committee, Finance and Infrastructure Committee, and Human Resources Committee
Sarah HofstadterHALE HawaiiV.H. Board Action on designation of Board members to an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) concerning Board policy positions, Board legislative proposals, and legislative reports for 2023 Legislative Session and designation of Board members to an ad hoc committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(2)) concerning 2023 Legislative Session
Susan Pcola-Davis V.A. Board Action on Superintendent Employment Contract; V.D. Board Action on amendment of the Bylaws of the Hawaii State Board of Education; V.E. Board Action on appointment of Board Vice Chairperson; V.F. Board Action on appointment of committee chairpersons, committee vice chairpersons, and members of the Student Achievement Committee, Finance and Infrastructure Committee, and Human Resources Committee; V.H. Board Action on designation of Board members to an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) concerning Board policy positions, Board legislative proposals, and legislative reports for 2023 Legislative Session and designation of Board members to an ad hoc committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(2)) concerning 2023 Legislative Session

  1. Adjournment


Board Chairperson Voss adjourned the meeting at 2:31 p.m.