November 18, 2021

MINUTES

Thursday, November 18, 2021
*The Board did not meet at a physical location. As part of the response to the threat of COVID-19, Governor David Ige issued an Emergency Proclamation dated October 1, 2021, suspending Hawaii Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location, among other things.

ALSO PRESENT:
Keith Hayashi, Interim Superintendent, Department of Education
Sean Bacon, Interim Assistant Superintendent, Office of Talent Management, Department of Education
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary

Committee Chairperson Barcarse called for public testimony on this agenda item. No one provided oral testimony at this time.

Committee Chairperson Barcarse asked Committee members to review the minutes of the Committee’s August 19, 2021 meeting.

Committee Member Lynn Fallin moved to approve the Committee’s meeting minutes of June August 19. Committee Member Kenneth Uemura seconded.

Committee Chairperson Barcarse asked if there were any objections to the motion. No Committee member raised objections, and the motion carried through unanimous consent from all members present (Committee Vice Chairperson Shanty Asher, Committee Members Bill Arakaki, Lyla Berg, Fallin, Kili Namauʻu, Catherine Payne, Uemura, and Bruce Voss).

ACTION: Motion to approve the Human Resources Committee meeting minutes of August 19, 2021 (Fallin/Uemura). The motion carried through unanimous consent from all members present.

Committee Chairperson Barcarse called on Keith Hayashi, Interim Superintendent, and Sean Bacon, Interim Assistant Superintendent, Office of Talent Management, to present the recommendation on authorizing a Board member to represent the Board in mid-term and successor bargaining with the Hawaii Government Employees Association (“HGEA”).

Bacon stated that the Department is requesting that the Committee recommend the Board authorize a member to serve on the negotiations team for mid-term bargaining and successor contract negotiations for HGEA Bargaining Unit (“BU”) 6 on behalf of the Board. He stated that HGEA BU 6 currently has a two-year agreement that is in effect from July 1, 2021 to June 30, 2023.

Bacon explained that in previous negotiations, parties agreed to mid-term bargaining that would reopen negotiations regarding Article 30, “Salaries” of the current HGEA BU 6 agreement beginning on July 1, 2022. He explained that the Office of Collective Bargaining is the lead for negotiations and a Board member is part of the negotiation team.

Bacon stated that the Department has started mid-term bargaining on HGEA BU 6 salaries and that if the parties reach an agreement, the parties will begin successor bargaining. He explained that the parties will present proposals between June 15, 2022 and June 30, 2022, as stated in Article 33 of HGEA BU 6’s current agreement.

Bacon noted that the negotiations process is confidential and requires the utmost care and handling of sensitive information affecting educational officers. He stated that the Department requests that the committee recommend the Board authorize a member to serve on the HGEA BU 6 negotiations team.

Committee Member Payne moved to recommend that the Board authorize Board Member Bill Arakaki to serve on the negotiations team for mid-term bargaining and successor contract negotiations for HGEA BU 6 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021. Committee Vice Chairperson Asher seconded.

Committee Member Arakaki stated that he was a former vice principal and principal that was in this in this bargaining unit, so was is an honor to serve in this role.

Committee Chairperson Barcarse expressed appreciation for Committee Member Arakaki’s willingness to serve in this capacity.

Committee Chairperson Barcarse called for a roll call vote on the motion. The motion carried with Committee Vice Chairperson Asher, Committee Members Berg, Fallin, Namauʻu, Payne, Uemura, and Voss voting aye and Committee Member Arakaki abstaining.

ACTION: Motion to recommend the Board authorize Board Member Arakaki to serve on the negotiations team for mid-term bargaining and successor contract negotiations for HGEA Bargaining Unit 6 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021 (Payne/Asher). The motion carried with seven eyes and one abstention.

B. Committee Action on Board Member authorized to represent the Board in successor bargaining with the Hawaii State Teachers Association (Bargaining Unit 5)

Committee Chairperson Barcarse called for public testimony on this agenda item. No one provided oral testimony at this time.

Committee Chairperson Barcarse called on Hayashi and Bacon to present the recommendation on authorizing a Board member to represent the Board in successor bargaining with the Hawaii State Teachers Association (“HSTA”).

Bacon stated that the Department is requesting that the Committee recommend the Board authorize a member to serve on the negotiations team for successor bargaining for HSTA BU 5 on behalf of the Board. He explained that HSTA BU 5 currently has a two-year agreement in effect from July 1, 2021 to June 30, 2023.

Bacon explained that the Office of Collective Bargaining is the lead on negotiations and a Board member is required for successor contract negotiations. He stated that negotiations shall commence by July 31, 2022 as stated in Article 28, “Duration” of the current HSTA BU 5 agreement.

Bacon noted that the negotiations process is confidential and requires the utmost care and handling of sensitive information affecting teachers. He stated that the Department requests that the committee recommend the Board authorize a member to serve on the HSTA BU 5 negotiations team.

Committee Member Payne moved to authorize Board Member Arakaki to serve on the negotiations team for successor contract negotiations for HSTA BU 5 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021. Committee Member Fallin seconded.

Committee Member Arakaki stated that, as a former teacher, he is willing to serve on the HSTA BU 5 negotiations team, but that if others are interested he is fine with that too.

ACTION: Motion to recommend the Board authorize Board Member Arakaki to serve on the negotiations team for successor contract negotiations for HSTA Bargaining Unit 5 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021 (Payne/Fallin). The motion carried with seven ayes and one abstention.

C. Committee Action on amendment to final Agreement between the Hawaii State Teachers Association the State of Hawaii Board of Education (July 1, 2021-June 30, 2023): gender neutral language

Committee Chairperson Barcarse called for public testimony on this agenda item. No one provided oral testimony at this time.

Committee Chairperson Barcarse called on Hayashi and Bacon to present the recommendation that the Board approve an amendment to the final agreement between HSTA and the Board, effective July 1, 2021 through June 30, 2023.

Bacon stated that the Department would like to request the committee approve amendment of the HSTA BU 5 contract to render its language gender neutral. He stated that during the July 15, 2021 special meeting, the Board authorized Board Chairperson Payne to execute the final HSTA agreement, which was effective July 1, 2021 through June 30, 2023. Bacon stated that the Department informed the Board that it would be continuing discussions with HSTA on any new or renewal memorandum of understanding and present it with any additional agreements. He explained that HSTA, and the Department have agreed to render the HSTA BU 5 contract language gender neutral to align with a more inclusive tone that reflects the values of the people of Hawaii. Bacon explained that the language adjustment has no substantive effect on the agreement, promotes acceptance, support and inclusivity of all employees, and does not have any financial impacts on the Department.

Committee Member Uemura moved to approve the amended HSTA BU 5 contract to render its language gender-neutral as described in Hayashi’s memorandum dated November 18, 2021. Committee Member Arakaki seconded.

Committee Member Bruce Voss stated that recused himself from voting on the original agreement and will recuse himself from voting on this amendment.

Committee Member Arakaki asked if HSTA agreed to the amendment. Bacon replied that HSTA has been a big part of the process and is in agreement with the proposed changes.

Committee Chairperson Barcarse expressed support of the proposal to use gender neutral language because this will help in equity for students and teachers.

Committee Chairperson Barcarse called for a roll call vote on the motion. The motion carried with Committee Vice Chairperson Asher, Committee Members Arakaki, Berg, Fallin, Namauʻu, Payne, and Uemura voting aye and Committee Member Voss abstaining.

ACTION: Motion to recommend the Board approve the amended HSTA Bargaining Unit 5 contract to render its language gender-neutral as described in Hayashi’s memorandum dated November 18, 2021 (Uemura/Arakaki). The motion carried with seven ayes and one abstention.

D. Committee Action on memorandum of understanding between State of Hawaii Board of Education and Hawaii State Teachers Association (Pilot Transfer Program Workgroup)

Committee Chairperson Barcarse called for public testimony on this agenda item. No one provided oral testimony at this time.

Committee Chairperson Barcarse called on Hayashi and Bacon to present the recommendation on a proposed memorandum of understanding (“MOU”) between the Board and HSTA regarding the pilot transfer program workgroup.

Bacon stated that the Department would like to request Committee recommend the Board approve the proposed MOU for a pilot transfer program workgroup and authorize Board Chairperson Payne to execute the MOU. He stated that during the July 15, 2021 Special Meeting, the Board authorized Board Chairperson Payne to execute the final HSTA BU 5 agreement that was effective July 1, 2021 through June 30, 2023.

Bacon stated that the Department informed the Board that it planned to continue discussions regarding any new or renewal of MOU and present the Board with any additional agreements. He stated that the Department met with HSTA and is proposing an MOU for the pilot transfer program workgroup. Bacon explained that the workgroup will have three Department representatives and three HSTA representatives and will meet no more than four times each school year to develop a transfer pilot program. He explained that the workgroup will review options to allow tenure and probationary teachers to apply for vacant positions throughout the school year instead of just once a school year to enhance retention, increase overall job satisfaction, and positively impact student achievement.

Bacon stated that the workgroup will submit its findings and recommendations to the superintendent and HSTA for consideration and possible implementation. He noted that the proposal does not have a financial impact on the Department.

Committee Member Payne moved to approve the proposed MOU for a Pilot Transfer Program Workgroup attached to Hayashi’s memorandum dated November 18, 2021. Committee Member Uemura seconded.

Committee Member Fallin asked how the pilot program would impact vacancies and the Department’s ability to recruit new teachers. Bacon replied that the workgroup will discuss these types of issues and explained that when there is a vacancy at a school, a principal has the option to purchase positions and see if a tenured or probationary teachers will transfer into those positions during the school year. He stated that the workgroup will need to look at if this is in the best interest of students and the Department going forward.

Committee Member Payne asked if the intent is to start the pilot for the 2022-2023 school year so the timeline for the workgroup’s proposal would be to present recommendations during the upcoming semester. Bacon replied that if approved, the Department’s intention is to have four workgroup meetings this school year and make recommendations in time to implement the pilot program next year. He also noted that the Teacher Assignment and Transfer Process (“TATP”) starts in February, so the kinds of recommendations the workgroup makes will determine when the Department can implement changes.

Committee Member Payne replied that this is potentially a dramatic change and the Department and HSTA need to engage in a lot of discussion so everyone understands potential impacts. She expressed concern that the timeline is very short.

Committee Member Arakaki asked if the workgroup might create the opportunity for teachers to transfer to other vacancies outside of the TATP period. He requested more information on the current process and when teacher transfers and assignments happen.

Bacon replied that the TATP is laid out in the HSTA BU 5 agreement, which allows tenured teachers to have two transfer periods, the first of which starts around the last week of February for the first TATP and a second round happens at the end of April. He stated that the workgroup is determining if the timeframe needs to be adjusted. Bacon stated that the workgroup wants to make sure teachers have the opportunity to apply for positions while remaining competitive with the market. He stated that the Department would like to make sure the most qualified teachers are in the classrooms with our students.

Committee Member Kili Namau‘u asked how extensive the pilot will be, whether it will be statewide or just a single complex area. Bacon stated that the workgroup will discuss to scale of the pilot, but it may just be a small group (by district or island) to see if there are successes or pitfalls that need to be worked on before expanding to statewide implementation. He stated that the recommendations from the workgroup will be brought to the superintendent and HSTA.

Committee Chairperson Barcarse asked if the pilot’s intention is to replace the TATP. Bacon replied that is yet to be determined and the workgroup will determine whether the constraints in of timeline of the current TATP need to be adjusted or if something needs to be done outside of TATP period.

Committee Chairperson Barcarse replied that the minutes of this meeting will help the discussions of the workgroup should this agenda item be approved.

Committee Member Voss noted that the workgroup seems like a good idea and provides opportunities and incentives for experienced teachers. He stated that teacher salaries, particularly in the fifth to twentieth year, are compressed and that the program may encourage good teachers to stay if they are afforded additional opportunities and flexibility. Committee Member Voss asked about the scope of the pilot project and how the Department can implement it with the understanding that this is subject to negotiations. Bacon replied that the Department is ensuring it continues discussions with HSTA, but because this is new, it working on a small, phased rollout to measure the effectiveness and how this will affect employees moving forward. He expressed reluctance to make major changes and impacts across the entire system.

Committee Member Voss asked about potential negative effects of this program. Bacon explained that one possible negative result is that a teacher may want to transfer mid-way through the school year and a new teacher will need to setup rituals and routines to understand the classroom mid-way. He stated that the workgroup needs to look closely at the effects on students in the classroom.

Committee Chairperson Barcarse called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Committee Vice Chairperson Asher, Committee Members Arakaki, Berg, Fallin, Namauʻu, Payne, Uemura, and Voss).

ACTION: Motion to recommend the Board approve the proposed Memorandum of Understanding for a Pilot Transfer Program Workgroup attached to Hayashi’s memorandum dated November 18, 2021 (Payne/Uemura). The motion carried unanimously with all members present voting aye.

Committee Chairperson Barcarse called for public testimony from any individuals who did not have an opportunity to testify on earlier agenda items. No one provided oral testimony at this time.

Committee 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
Jason Wagner		III. A. Committee Action on Board Member authorized to represent the Board in mid-term bargaining for contract period July 1, 2021-June 30, 2023 and successor bargaining with HGEA BU6