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EFiled: Oct 29 2019 03:35PM HAST


Transaction ID 64366953
Case No. 19-CE-03-928

Post Office Box 12 Anahola, Hawaii 96703 (808) 823-9160 Fax (808) 482-3055

PERSONNEL
SECTION I : GENERAL GUIDELINES FOR ALL STAFF 2

Attendance and Absences 2

Schoolyard Supervision 2

Van Usage and Field Trips 2

Purchase Requests 3

Check Requests 3

Confidential Personnel Files 3

Salaries and Paychecks 4

Non-Discrimination 4

Special Events 4

Calendar and Scheduling 4

Employee Discipline 4

Resolving Conflicts and Concerns 5

Student Discipline 5

Procedures For Reporting Crime-Related Incidents 6

Student Information and Confidential Records 7

SECTION II: NON-CERTIFIED STAFF 7

Observations and Reviews 7

SECTION III: CLASSROOM TEACHERS 7

General Guidelines 7

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Continuing Education and Professional Development 8

Teacher Observations 8

Approved by the Governing Board on March 8, 2019 8

SECTION I : GENERAL GUIDELINES FOR ALL STAFF


All staff are expected to conduct themselves at all times in a manner consistent with the highest
standards of personal character and professionalism. - to live the ‘Ae Like.

All staff members are expected to wear professional attire or a school shirt when students are
present, and to dress in a professional and appropriate manner when representing the school in
any capacity.

Attendance and Absences


All employees are required to work according to the schedule and dates stated in their
Employment and/or Union Agreements. All hourly staff is required to record their hours worked
on a staff sign- in sheet on a daily basis.

Unexpected absence, tardy or early departure:​ Any employee who is unable to work their
scheduled hours is required to notify the schools’ Executive Director and TAL representative as
soon as possible and not less than one hour prior to their scheduled start time. All missed hours
must be documented on a leave of absence form and turned in to the Executive Director by the
end of the first workday that the employee returns to work.

Planned absences and vacation request:​ All requests for vacation or leave of absence must
be in accordance to the HSTA agreement and must be approved by the Executive Director.

Schoolyard Supervision
Proper schoolyard supervision before school, after-school, morning recess, and afternoon
recess is critical to insure the safety of our students.

All staff assigned to this responsibility must be ​ACTIVELY​ supervising students during their
assigned time. Follow the established guidelines for the Hui that you are supervising.

Van Usage and Field Trips


Every field trip requires a classroom teacher or admin leadership member in attendance. The
teacher must complete a FIELD TRIP REQUEST FORM. All Field Trip Request Forms must be
accompanied by a lesson plan with targeted benchmarks and standards listed. This form must
be submitted at least 14 days in advance and be approved by the your Executive Director. Van
usage must also be reserved with the Executive Director.

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The van driver is 100% responsible for insuring that the van RETURNS ON TIME, and is in the
same or better condition than when it left. School vans require a designated driver to sign them
out for any excursion other than routine shuttle service between campus sites.

Before departing the designated driver must insure that the following items are on board:

● A first-aid kit

● A current emergency contact card for all students in the van

● Cell phone contact information is provided to the office.

● Adequate water and food for the excursion

For field-trips requiring transportation via private vehicles, a copy of the owner’s driver’s license,
vehicle registration, and insurance.

Purchase Requests
All requests for purchases must be submitted to office on a Supply Request Form. Supplies for
the quarter should be requested at least two weeks prior to the start of the quarter. All requests
require approval from Executive Director.

Check Requests
No purchases will be reimbursed without prior approval from the Executive Director.

Any requests for a check must be made in writing (on a check request form) at least 14 days in
advance. Itemized receipts must be turned in no later than the end of the following school day.

Confidential Personnel Files


The school shall maintain a confidential personnel file on each employee. The personnel file will
contain the evaluation documents as well as any other employment-related documents or
correspondence. All employees shall have the right to make written objections to the
observations or review findings within one week of receipt. These objections will be attached to
the observation and/or evaluation and kept in the personnel files.

Personnel files and their contents are the property of Kanuikapono, and shall remain in the
possession of the Executive Director Kula at all times. Each employee shall have the right to
review the contents of the personnel file pertaining to that employee, by making an appointment
with the Executive Director. No information will be shared via email.

Salaries and Paychecks


The Executive Director shall propose salary rates in accordance with the terms of the Charter
and will present them for approval to the Governing Board of Directors.

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PERSONNEL

Paychecks will be distributed on the 5th and 20th of each month for the proceeding two weeks
of employment. Distribution will be adjusted to the nearest weekday when the 5th or 20th of the
month falls on a weekend or holiday. Payroll advances are NOT an option.

Non-Discrimination
Kanuikapono does not discriminate in any personnel matters or in the provision of programs and
services on any basis prohibited by law. Any employee who has been the subject of
discrimination or harassment may bring questions, concerns, and/or complaints to the
leadership team by completing and submitting a Leadership Feedback form.

The Leadership Team will review the complaint, conduct a fact-finding investigation, and
determine the necessary steps to resolve the concern.

Special Events
All special events for the whole school require the prior approval of the Executive Director and a
designated event chairperson.

The chairperson is responsible for orchestrating and documenting all aspects of the event. This
includes budgeting, purchasing, promoting and scheduling. The chairperson may create
committees to assist with planning and conducting the event.

The committees will include representation from lower elementary, elementary middle and high
school. In addition each event will require a post event summary to document what worked and
how the event can be improved.

Calendar and Scheduling


The Executive Director is responsible for maintaining and master calendar to be shared
electronically. All staff is responsible for communicating any event that impacts the school to the
Executive Director for approval and inclusion on the master calendar. The Executive Director is
responsible for notifying all staff of changes to the master calendar. Changes regarding major
events will be published no less than thirty days prior to the event, except in cases of
unforeseen circumstances such as severe weather.

Employee Discipline
Any staff member that is observed acting in a manner that diminishes the smooth operation and
success of the school will be subject to disciplinary action by their immediate supervisor or other
members of the Leadership Team.

When necessary, a staff concern form will be filled out and placed in the employee’s file.

Employees who exhibit less than acceptable job performance and/or have required disciplinary
action may not be offered a new contract. Employees who consistently exhibit excellent job
performance and do not require disciplinary action will be offered a new contract prior to open

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teacher/staff recruitment, however, job listings still need to be posted if current employees are
not highly qualified or tenured.

Resolving Conflicts and Concerns


All staff is expected to use the following procedures to address concerns with other staff
members or the school in general.

1. If you have a general concern with one of your colleagues, contact that colleague and try
to resolve the matter in a professional manner. If you are unsuccessful, contact your
Executive Director to help work out a solution.

2. If you have a general concern about the school, or suggestions on how to improve it
complete a Leadership Team Feedback form and submit it to your Executive Director.
The leadership team will meet every week to review, problem-solve when appropriate,
and respond to concerns at that time. You can request a response in writing or a
meeting with the Leadership Team to discuss your concerns. Written responses will be
delivered within seven working days of the day in which forms are received.

3. If the employee feels the concern has not been resolved by the leadership team, the
employee may request in writing to the Governance Board to review the concern
presented to the Leadership Team. The Governance Board Chair or his/her designee
will provide a written response within ten working days from the receipt of the request.
When every expression of positive and proactive response has been exhausted, the
employee may submit a formal written request to the Governance Board Chair for the
concern to be reviewed at the Board level. Email is not considered a valid method of
correspondence.

4. If, the matter cannot be resolved at the Board level, the Chair of the Governing Board
shall communicate, in writing, the unresolved issue with a request for a written response
to the Charter School Commission as has to proceed.

5. The Chair shall provide copies of the communication, support documents, and response
to the leadership team and plaintiff.

Student Discipline
Teachers are primarily responsible for managing behavior of students in and out of the
classroom. It is important for recess supervisors to inform the lead teacher when an incident
occurs on the playground. Teachers are to use the student refocus form, if age appropriate, in
the classroom. When the teacher has properly documented student misbehavior and has tried a
variety of strategies to improve student behavior (refer to School Level Discipline Policies and
Procedures) with little or no success a request for administrative support can be made to the
Executive Director. When dealing with severe offenses, students may be sent to the Executive
Director. It is imperative that Kanuikapono staff does not discuss student misbehavior or

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PERSONNEL

suspicion thereof with other staff members or in front of students. Suspicious behavior should
be reported to the Executive Director. Discipline matters are confidential and breach of
confidentiality can result in employee discipline.

Procedures For Reporting Crime-Related Incidents


A. Reporting class A and class B offenses occurring in school.

B. Any teacher, official, or other employee of Kanuikapono Public Charter School who is a
witness to a class A or class B offense as defined in the KPCS Disciplinary Policy, or
who has reasonable cause to believe that a class A or class B offense has been
committed or will be committed, against a student, teacher, official, or other KPCS
employee, or involving school property, shall promptly report the incident to the principal
or an educational officer. Nothing in this subsection shall be construed to prohibit or
prevent a teacher, official, or other KPCS employee from reporting class C or class D
offenses to the Executive Director.

C. Upon receiving a class A or class B offense report, the Executive Director shall conduct
an investigation to determine whether the behavior requires a direct call to the police or
whether the behavior can be handled through school disciplinary procedures. The
Executive Director shall call the police whenever there is perceived danger or when the
safety of students and/or staff is being threatened and the behavior cannot be handled
by the school staff.

D. Executive Director shall record the incident information into the school’s electronic
database system within five school days of the reported offense.

E. Any teacher, official, or other KPCS employee who in good faith reports as required shall
be indemnified and held harmless in accordance with section §302A-1003.

F. Disposal of incident reports shall be conducted in accordance with §92-31.

G. Teachers, officials, or other KPCS employees who fail to report class A or class B
offenses as required may be disciplined. Disciplinary actions may include:

a. Oral warning

b. Written warning

c. Suspension without pay

d. Demotion; or

e. Dismissal.

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H. Any teacher, official, or other KPCS employee who is disciplined for failure to report
class A or class B offenses occurring on campus, or other education premises, on KPCS
transportation, or during a school sponsored event on or off property shall have the right
to appeal the disciplinary action as provided by state law or applicable collective
bargaining agreements.

Student Information and Confidential Records


Information relating to individual students or former students shall not be divulged or released
by Kanuikapono Public Charter School personnel, except as authorized by the individual
student, parent, or guardian, or specified by law. Reports designated as “confidential” contain
information of an intimate and personal nature, and shall be safeguarded and respected in
accordance with professional ethics. Such reports shall not be placed in files of general
accessibility.

No questionnaire or other device for securing any kind of information, opinions, or statistical
data from students shall be permitted, except where the request is approved by the
Kanuikapono Public Charter School Governing Board, the Executive Director.

Kanuikapono Public Charter School shall maintain individual files of permanent student records
as required by law.

SECTION II: NON-CERTIFIED STAFF

Observations and Reviews


Non-certified staff will be observed on an ongoing basis using both formal and informal
observations and will have at least one formal review during the school year. Staff will also be a
part of a peer evaluation.

All employees shall have the right to make written objections to the observations or review
findings within one week of receipt. These objections will be attached to the observation and/or
evaluation and kept in the employee's personnel file.

SECTION III: CLASSROOM TEACHERS

General Guidelines
● Each classroom teacher is responsible for maintaining an up-to-date "sub folder"
including at least one day's lesson plan and pertinent student information. One copy of
this material should be easily available in the classroom and a copy should be on file
with your Executive Director.

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PERSONNEL

● Each classroom teacher is expected to act professionally throughout the teaching


period, i.e., please refrain from visiting with friends, eating (unless entire class is eating),
talking on the phone, sending or receiving personal e-mails.

● Each classroom teacher is expected to follow his or her daily schedule as submitted to
admin.

● Students must be supervised at all times.

● Full-time teachers are required to be on campus during regular school hours, as defined
by the Executive Director annually.

● Teachers may also be required to attend school functions that occur outside of school
hours.

● All teachers are expected to make contributions to the quarterly newsletter and keep
their web page current.

Continuing Education and Professional Development


All teachers are required to keep their professional training and knowledge current through
ongoing courses and workshops in education. The Executive Director will work with staff to
develop professional development plans. All teachers teaching core academic classes must be
Highly Qualified or actively pursuing HQ status.

Teacher Observations
All teaching staff will be observed on an ongoing basis by their Executive Director using both
formal and informal observations. Formal observations will include a post-observation
conference. First year teachers shall have at least one formal observation prior to their
three-month review. Prior to the six-month review, at least one additional formal observation will
be conducted for first year teachers. Returning teachers will have one formal observation per
year. Results of all observations will be put in writing and shared with the teacher. A copy will be
placed in the teacher’s personnel file.

Teachers shall have the right to make written objections to the observations or review findings
within one week of receipt. These objections will be attached to the observation and/or
evaluation and kept in the employee's personnel file.

Approved by the Governing Board on March 8, 2019

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From: Denby Dawson <denbyd@kanuikapono.k12.hi.us>


Date: March 19, 2019 at 8:03:25 AM HST
To: denbydawson@gmail.com
Subject: Fwd: Last Commission Approved Admissions Policy

Forwarded message
From: Jade Danner Jones <jadedannerjones@kanuikapono.k12.hi.us>
Date: Tue, Mar 19, 2019 at 7:29 AM
Subject: Re: Last Commission Approved Admissions Policy
To: Denby Dawson <denbyd@kanuikapono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>

Denby, it isn’t belittling to recognize a failure and call it out. It isn’t belittling to remind you to respect
the chain of command, that Kanoe is the school’s representative to outside organizations (unless she
specifically designates authority to someone else), and that I am the board’s representative to outside
organizations. It isn’t belittling to require you to seek answers inside the school’s organization before
seeking them outside it.

The email you sent Sylvia sent two messages, not one. First was the question you sent. The second was
that you don’t trust your leadership (Kanoe and the Board) to be fair or correct. The second message
was sent when you didn’t cc: us on your outgoing email, and posed a question on a subject I just told the
Commission we had resolved. Sylvia understood the second message and cc:d us on her
response. Protocols are there for a reason, Denby. To prevent miscommunication and to establish clear
lines of authority.

We have the NOC. If you believed the 20:1 ratio was never the school’s policy, you should have said
that, as it would have prompted me to pull up the NOC and double-check the work the board
did. Instead what you said was you believed it was unfair and should not be implemented fully, which 1)
is a policy decision you don’t get to make, and 2) is a policy decision I can’t change without board
approval, and on this policy, Commission approval. Because of that, your opinion on whether it is fair is
irrelevant at this time, but was noted for a time when I can actually effect change to the policy.

Finally, I don’t argue with you. I argue with the board and others with whom I share kuleana. I do my
best to listen to your perspective, as I do others on staff, and understand where it is coming from to
ensure I can see an issue from as many sides as possible before I do my job and make policy (with the
rest of the board) that affects you.

You continue to make and take things personally, Denby. Nothing I say to you, to Kanoe or to anyone
regarding the school, is personal. I have invested, and will continue to invest, significant time as a
volunteer, to help the school get on the right track and to reassure outside agencies that could shut the
school down that we are getting there.

I do that because my daughter loves that school and because I see the value the school could be to the
community of Anahola. That was its original mission, and right now, it is far from meeting it. I do it even
U-3 019

though it means cutting off my own financial interests to serve as Board Chair. I am getting a little tired
of the efforts to undermine the school’s reputation (purposely or not) coming from the school’s own
staff, and for no good reason.

Holo I mua,

Jade Danner Jones


Governing Board Chair
Kanuikapono Public Charter School

hope needs a strategy

On Mar 18, 2019, at 2:26 PM, Denby Dawson <denbyd@kanuikapono.k12.hi.us> wrote:

Jade, I try to help, you insist on arguing with me and belittling me in your extensive emails. I don’t know
how else to say, I’m here to support, if you would just LISTEN!!!

Kanoe back me up here!

On Mon, Mar 18, 2019 at 1:46 PM Jade Danner Jones <iadedannerjones@kanuikapono.k12.hi.us>


wrote:

Denby, this is the kind of stuff you should raise internally before going outside the school. If you
suspected the board adopted the wrong number in the preference, that concern should have been
raised with me first, particularly since I told you that’s what the board intended to do. John and Derek
may have gotten it wrong, and if you thought so, then we deserve an opportunity to correct internally
before you ask outside, especially since we just went before the Commission.

Forwarded message
From: Sylvia Silva <sylvia.silva2@spcsc.hawaii.gov>
Date: Mon, Mar 18, 2019, 12:37 PM
Subject: Re: Last Commission Approved Admissions Policy
To: Denby Dawson <denbyd@kanuikapono.k12.hi.us>, Jade Danner Jones
<jadedannerjones@kanuikapono.k12.hi.us>, Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>

Hi Denby, Kanoe, and Jade,

The attachment that you sent looks like the admissions policy that was approved by the Commission, for
Kanuikapono School, at the Commission’s April 9, 2015 general business meeting. Here is a link to the
2015 agenda:
http://sharepoint.spcsc.hawaii.gov/SPCSC/Documents/Commission%20Agenda General April09 2015
fin. pdf
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In the agenda item is embedded the meeting submittal, which contains the copy of the Kanuikapono
policy that was approved.

If it’s helpful here is a link to the meeting


minutes: http://sharepoint.spcsc.hawaii.gov/SPCSC/Documents/Minutes General April09 2015 Apprv
d.pdf

Regarding the school’s geographic preference, the policy states “Applicants who have resided in Anahola
for at least one year from the end date of the enrollment period may receive preference in a weighted
lottery (one point equivalent to five additional lottery ticket).”

When conducting admissions, please follow the policy that was approved by the Commission.

If you have any questions, please let me know.

Thank you,

Sylvia

Sylvia Silva

Public Charter School Commission

1111 Bishop Street

Suite #516

Honolulu, Hawaii 96813

808-586-3781

sylvia.silva2 @spcsc.hawaii.gov

www.cha rtercommission.hawaii.gov

On Sat, Mar 16, 2019 at 10:57 AM Denby Dawson <denbyd@kanuikapono.k12.hi.us> wrote:

Hi Sylvia,

I’m looking for clarification on Kanuikapono’s Last Commission Approved Admissions Policy. Please share
with my director and I, so we can be sure to hold a properly regulated lottery. I’ve attached what I have,
I apologize if it is not the correct one. If you are not the correct person to send this request to, please
assist in guiding me to the correct place.
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Ma halo nui,

Denhy Dawson
chooI Administrative Set vices Assistant

P0 Box 12

Anahola, HI 96703

80& 823. 9160 phone

808.482.3055 fax

From: Denby Dawson <denbyd@kanuikapono.k12.hi.us>


Date: April 24, 2019 at 6:59:48 PM HST
To: denbydawson@gmail.com
Subject: Fwd: Copy of Admissions Policy & Procedure for Kanuikapono

Forwarded message
From: Jade Danner Jones <jadedannerioneskanuikapono.k12.hi.us>
Date: Tue, Mar 19, 2019 at 8:32 AM
Subject: Fwd: Copy of Admissions Policy & Procedure for Kanuikapono
To: Denby Dawson <denbyd@kanuikapono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>

This is what I’m talking about, Denby. The board made a mistake. One I have already begun the process
of correcting. On Friday, I told you the board intended to simply re-adopt the most recent admissions
policy approved by the Commission. If you thought the policy we adopted was inconsistent with that,
then you should have said that to me or Kanoe before going to the Commission. I want to believe you
are doing whatever you do with the school’s best interest in mind. I expect the same good faith in
return. Just as you want me to acknowledge that your failings in the conduct of enrollment (not posting
banners, etc) are not indicative of ill-intent, I expect the same courtesy from you where board action
and direction is concerned.

Holo I mua,
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Jade Danner Jones


Governing Board Chair
Kanuikapono Public Charter School

hope needs a strategy

Begin forwarded message:

From: Sylvia Silva <sylvia.silva2spcsc.hawaii.qov>

Subject: Re: Copy of Admissions Policy & Procedure for Kanuikapono

Date: March 19, 2019 at 8:05:27 AM HST

To: Denby Dawson <denbydkanuikapono.k12.hi.us>, Kanoe Ahuna


<kanoeahunakanuikapono.k12.hi.us>, Jade Danner Jones
<iadedannerfoneskanuikapono. ki 2. hi. us>

Cc: Christian Doyle <chris.doyle(spcsc.hawaii.gov>, Haunani Bush


<haunani.bush(spcsc.hawaii.gov>, Lauren Endo <Lauren.Endo(spcsc.hawaii.gov>

Hi Denby, Kanoe, and Jade,

Please see my last email. My understanding was that for administrative purposes the governing board
recently ratified several of the school’s policies, including the admissions policy. I was told the
Governing Board reviewed the same policy that was approved by the Commission in 2015. However,
this attachment is not the same policy. As an example, there is a different geographic preference.

Jade, is there perhaps a reason why the board is using the attached and not the policy approved by the
Commission in 2015?

Please only follow and implement the admissions policy that the Commission approved for Kanuikapono
School (see Section 7.3 of the Charter Contract). Not following the Commission-approved policy is a
compliance concern which may cause the Commission to apply the Intervention Protocol of the Charter
Contract. If Kanuikapono was already issued an Notice of Concern (NOC) for not following the correct
admissions policy, this could mean an escalation of the issue (please see the Intervention Protocol). For
questions regarding Intervention Protocol, please see the Charter Contract or call me or Chris Doyle. If
you have any questions regarding NOCs you may email or call Lauren Endo or Haunani Bush, the
Performance Division. Please see those cc’d on this email for email contacts and the general office
number is 586-3775.

Thank you,

Sylvia

586-3781
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June 4th Email:

Aloha Kaulana,

Thanks for the update.

No I didn’t email her a doc note, just informed her I had doc notes for being out.

Des was present for most yellings. The meeting I walked out of Audrey, Kainani, kanoe, Shane, Des were
all present. Kanoe came to the office window and stated to me, “I just want you to know when you’re
being yelled at, I’m being yelled at too.”

I have some emails I think I may have shared with you already. I did email kanoe 3 times asking to please
address how uncomfortable I was.

Am I able to go into my work email while out?


Do I have to return this computer while out?

Denby Dawson

From: Denby Dawson <denbydawson@gmail.com>


Date: Tue, Feb 19, 2019 at 8:18 AM
Subject: Fwd: FBI Subpoena
To: Shimomura, Dale <dshimomu@hgea.org>

Hi Dale,

Jade is at me again, what should I do? I’m constantly being attacked by her. She makes me
uncomfortable because she has it out for another board member. I’m not sure how I am being
insubordinate. Please advise.

Mahalo

Denby

Forwarded message
From: Denby Dawson <denbyd@kanuikapono.k12.hi.us>
Date: Tue, Feb 19, 2019 at 8:17 AM
Subject: Fwd: FBI Subpoena
To: <denbydawsongmail.com>

Forwarded message
From: Jade Danner Jones <iadedanneriones@kanuikapono.k12.hi.us>
U-3 024

Date: Fri, Feb 15, 2019 at 7:30 PM


Subject: Re: FBI Subpoena
To: Denby Dawson <denbyd@kanuikanono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>, Jesse Schwartz
<iesseschwartz@kanuikapono.k12.hi.us>, Becky Santos <beckysantos3gmail.com>

Denby, board action is board action. The FBI does not direct how the school manages school resources
to comply with the subpoena, and we are well beyond their initial deadline. Your refusal to comply with
your supervisor’s directives is insubordination. Cease and desist this kind of behavior. Only Kanoe or
the Board as a whole approves overtime, not individual board members. The subpoena from the FBI
was sent to the school to your attention as the custodian of records for the school, not to you
personally, and not to Becky personally. The board, at one time, may have determined that Becky
would take the lead on responding to the subpoena (though there is no record of such action), but it has
now taken a different action. Approved minutes are not required to make board action effective. It is
effective when taken.

The meeting was in fact a public meeting where deliberations were taken in Executive Session and
actions were reported for the record. Comply with the board’s current directive and submit to Kanoe’s
supervision of compliance with the FBI subpoena. That begins with a status update to your supervisor,
Kanoe, and direction from her on how to get the required documents to the FBI timely.

On Fri, Feb 15, 2019 at 6:41 PM Denby Dawson <denbyd@kanuikapono.k12.hi.us> wrote:

Hi Kanoe,

With all due respect, the FBI supersedes administration and the governing board, I have only done what
I was directed to do up through now. The lead on this project would be board member Rebecca Santos,
Des and I hold on to nothing, there is nothing for us to report. Please refer to your Nov 8, 2018 email for
review of the subpoena and notice of needed overtime hours. Furthermore, board action on February 8
has not been made aware to the public being that the entire session was closed and the minutes have
not been approved.

I’ve added board member Rebecca Santos to the conversation should you like to ask more questions.

Mahalo,

Denby

On Fri, Feb 15, 2019 at 12:45 PM Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us> wrote:

Aloha Denby,

Per our Board of Directors, in accordance with Board action on February 8, 2019, all correspondence and
actions complying with the FBI subpoena need to be reported to myself by which I report to the full
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board. Can we review a time to determine current status of compiling the necessary information, and to
identify any barriers to completing the subpoena in a timely manner.

Mahalo, Kanoe

Forwarded message
From: Denby Dawson <denbyd@kanuikapono.k12.hi.us>
Date: Fri, Apr 26, 2019 at 6:10 AM
Subject: Recreating our Job Descriptions
To: Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>

Su k,

I want to be of assistance but this reorganizing of our job descriptions is not allowed. The reorg needs to
happen first with a clear description and desired outcomes.

1. Job duties can’t just be handed over from one employee to another nor given to board members
to complete.
2. The board does not belong at the school in the day to day operations, they are not employees.
3. The team drives live on the same drive employee drives live on, I don’t understand the point of
moving all my work over, nor is that anyone’s right.
4. There are a lot of violations happening here. If an employee ever leaves, the school owns the
email, all data can be transferred at that time, there should be no problem there.
5. Job descriptions can’t be redefined. Maybe call Kaulana for some help in understanding.
6. It is not okay for the board to be giving directives in this manner. The board is not one or 2
people. They need to vote in a public meeting on any and all changes made to policies.
7. The board has no right what so ever to realign our job and our duties nor do them.

I’m trying not to go against the grain but this is not ok. It is not our duty to complete these kinds of
tasks. I can see Jade is trying but she is not you. You are the School she is the Board. If she doesn’t like
what’s happening at the school she needs to tell you and allow you to direct your team. She has no say
over employees. We are not required to go into meetings with the board. I hope this doesn’t cause
conflict, please speak on my behalf to the board for any and all concerns going forward.

Respectfully,

Denby Dawson
.Sc’1?OO/ Adr;iitiistivtiv Services Assistant

tC Box 12

Anahola, H] 96/03
U-3 026

808.823.9160 phone

808.482.3055 tx

May 3, 2019 Emails:

Right. Thanks for that. Would that matter even if my boss was included on all emails? We were told we
were not allowed to use our personal emails. However, Jade took over all emails and drives and would
delete and create limited user rights as she felt was needed.

I had to forward my emails for evidence to gain assistance out of fear of retaliation, asked dale if my
concerns warranted support.

Not once did my immediate supervisor intervene or protect me when jade continued to intimidate and
infer to my lack of good character.

Den by Dawson

From: “Shimomura, Dale’ <dshimomuhgea.org>


Date: March 27, 2019 at 5:25:32 AM HST
To: “denbydawson@gmail.com” <denbydawson@gmail.com>
Subject: Fwd: Kanuikapono PCS Response to Your Concerns

Denby please send email from your board chair to kanoe and danner to kanoe. Apparently they want to
get you for allegedly sending it to me.

Call me if you have questions.

Sent from my iPhone

Begin forwarded message:

From: Jade Danner Jones <jadedannerjones@kanuikapono.k12.hi.us>


Date: March 26, 2019 at 11:39:22 AM HST
To: <dshimomu@hgea.org>
Cc: <kfinn@hgea.org>, Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us>, Richard H Thomason
<richard .h.thomasonhawaii.gov>
Subject: Kanuikapono PCS Response to Your Concerns

Aloha e Dale,
U-3 027

We are concerned about the tone of your last message to our Executive Director. That being the case,
as Board Chair, I am responding to your email.

After due consultation with the Employment Law Division of the Attorney General’s Office, please be
advised that the Governing Board is most decidedly not simply a “policy body,” as you put it. The
Governing Board is the statutory employer of all staff at the school. This means the Governing Board is
ultimately responsible for the “policy” and “administration” of the school and its staff.

Specifically, HRS Section 302D-12(f), provides that the Governing Board shall be the “independent
governing body” of its charter school and shall have “independent authority to determine the
organization and management of the school, the curriculum, virtual education, and compliance with
applicable state and federal laws.”

See also HRS Section 302D-1, which provides that charter school boards shall have the flexibility and
independent authority to implement alternative frameworks with regard to curriculum, facilities
management, instructional approach, virtual education, length of the school day, week, or year, and
personnel management.

Accordingly, while the Governing Board may (and should) delegate supervisory and personnel functions
to school-specific employees such as the Executive Director, it is the Governing Board that is ultimately
responsible for both policy and administrative functions, and it is absolutely obligated to closely oversee
both functions.

Having said that, all schools, including ours, have at least informal chains of command, however, in this
instance, since you are apparently unable to produce a copy of the emails you are complaining about,
and we are unwilling to speculate as to which they might be, the school is unable to fully respond to
your demand.

Should your union or its legal counsel have any further questions regarding this matter, they may
contact Deputy Attorney General Richard H. Thomason at 808.587.2900.

Holo i mua,

Jade Danner Jones


Governing Board Chair
Kanuikapono Public Charter School

hope needs a strategy

May 2, 2019 Email:

Hi Kaulana,

Has Kanoe emailed you about her upcoming leave for tomorrow and Monday?
U-3 028

I just spoke with Des who says Kanoe will not be in tomorrow and Monday, jade will be there, and Kanoe
would be emailing you to this regard.

Please keep posted, any advice is greatly appreciated!

Thank you,

Denby Dawson

Sent from me to Kanoe Saturday 4/27/19 at 11:58am via text:

Hi Kanoe, I’m locked out of my email n school account. The note says my password was changed 11
hours ago. It says I should reach out to my administrator. I tried to reach out to Des to assist but her
user rights no longer allow for this. Did you do this? Can you help me reset?

Sent from Kanoe to me Saturday 4/27/19 at 11:59am via text:

I did not
Let me find out

Sent from me to Kanoe Saturday 4/27/19 at 11:59am via text:

Thanks

Sent from Kanoe to me Saturday 4/27/19 at 12:00pm via text:

I’m at kaiehu baseball game


I’ll ask Jade

Sent from me to Kanoe Sunday 4/28/19 at 9:32am via text:

Hi Kanoe. Any luck on getting me into my work email and drive?

When I show up to work tomorrow will this be resolved?

Sent from Kanoe to me Sunday 4/28/19 at 9:49am via text:

Hi yes let’s fix in morning Des can help me

Sent from Des Sunday 4/28/19 at 9:49am via text:

Okay

Sent from me to Kanoe Sunday 4/28/19 at 10:12am via text:


U-3 029

Kanoe, with all due respect, if Jades personal attacks on me don’t stop I will go to the commission. The
commission over sees the board and they seem to be the only ones who can educate her on what is and
is not allowed. I don’t want to show up to work tomorrow to deal with any more hostility. I’m counting
on you to put an end to this.

Sent from Kanoe to me Sunday 4/28/19 at 11:37am via text:

Sorry you are feeling like that


I really need the board to provide support and have asked them to help with getting financials in order
for the 4/30 deadline and to speak to it at the 5/9 commission meeting.

Sent from Kanoe to me Sunday 4/28/19 at 11:38am via text:

I will find a solution regarding this

New email thread sent from Kanoe just to me Sunday 4/28/19 at 3:29pm:

I have requested another board member, Derek Green to meet with you and I so that I can respond to
your text appropriately. However, Derek is not available to meet until Thursday. In this regard, to
address your concern I am putting you on PAID administrative leave until Thursday. Derek is able to
meet with you and I at 8:00am, 5/2.

Denby Dawson

Sent from Kanoe to me, Sunday 4/28/19 at 3:29pm via text:

I have requested another board member, Derek Green to meet with you and I so that I can respond to
your text appropriately. However, Derek is not available to meet until Thursday. In this regard, to
address your concern I am putting you on PAID administrative leave until Thursday. Derek is able to
meet with you and I at 8:00am, 5/2.

Denby Dawson

April 27, 2019 Email:

Hi Kaulana,

I think I’m being retaliated on.

I’ve been locked out of my school email. My account says the password was changed 11 hours ago.
When I requested a reset, it says I couldn’t and would need to contact my administrator.

1. I did not change my password 11 hours ago. I took a personal day yesterday. Snapshot below.

2. I tried contacting Des to complete a reset, and Des’ account now restricts her access to assist.
U-3 030

After receiving 9 emails from the governing board chair Jade Danner Jones yesterday morning, stating
parts of my job would be reassigned and delegated to other employees and a contractor, I wrote an
email to my immediate administrator, Kanoe Ahuna, explaining the board cannot take over our job
duties, reassign and redefine our job description, pull us into meetings, nor make decisions without the
entire board voting in a public setting.

I’m afraid to go to work on Monday in fear that I will be pulled into a meeting where I may be
disciplined. The animosity and hostility is caring forward from a year ago and now contract service
Jamielyn K Gonzalez is being tasked with my duties.

Are we at a point where we can file a grievance? I think I’m going to need some help. Please contact me
at your earliest convenience.

Mahalo,

Denby

Denby Dawson

Forwarded message
From: Jade Danner Jones <jadedannerjones@kanuikapono.k12.hi.us>
Date: Wed, Mar 20, 2019 at 12:12 PM
Subject: Re: Prom and Paycheck
To: Denby Dawson <denbyd@kanuikarono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us>, Kainani Gonzalez <kainani0906@gmail.com>,
Kamahalo Kauhane <kamahalok@kanuikapono.k12.hi.us>

Kamahalo is off island and likely not receiving his emails. Just print the directive from Kanoe for the file
and release the check to Kainani. I’m sure he’d like access to his paycheck while on vacation.

On Wed, Mar 20, 2019 at 9:57 AM Denby Dawson <denbyd@kanuikapono.k12.hi.us> wrote:

Kamahalo,

Please email a letter or send Kainani with a letter stating you would like your check released to her, for
which payroll, and the date.

Thank you

On Wed, Mar 20, 2019 at 7:18 AM Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us> wrote:


U-3 031

Aloha Denby,

Please cut a check for the prom deposit to Kawaikini for $2,308 (per Jessell).
We currently have a total of 32 students pending, 20 confirmed and 12 pending. I’ll request for Jade and
Shane to sign the check (hoping their both available).
Kainani can pick it up and take to Jessell.

Also, please release Kamahalo’s payroll check to Kainani.

Thanks!
Kanoe

-- Denby Dawson
Schüi Administrative Services Assistani.

P0 3OX 12

Anahela, HI 96703

8(i8,%3. 9160 phone

80a48%.305% fax

From: Kanoe Ahuna [mailto:kanoeahunakanuikapono.k12.hi.us]


Sent: Tuesday, March 26, 2019 11:59 AM
To: Finn, Kaulana; Ako, Gerald
Subject: Fwd: jade danner jones

Aloha Gerald,

As an HGEA, BU 6 member, I am not comfortable with the emails I have received from Dale Shimomura.
His initial email to me on March 21, 2019 was harsh and unprofessional and his continued
communication to me and tone in his emails that followed are very unprofessional and rude, by which I
feel threatened by.
U-3 032

Please see email thread below by which I was simply requesting information from Dale that he states he
provided in his initial email however no “emails were attached or provided in his initial email”. Dale has
been unable to produce these to me and his last email dated Mar 25, 2019 at 12:09 PM, he asked me to
search for it myself. Thus, at this time I am not sure how to respond to Dale’s request March 21, 2019
regarding employee, Denby Dawson and board chair, Jade Danner Jones (referred to as Ms. Jones). See
states the following... “Kanoe, it has come to the union’s attention that Ms. Jones (Board Member) has
been emailing Denby Dawson and giving her directives on doing her job (see emails below).”

For the reasons above, I would like to request a union representative to provide support to me.

Mahalo, Kanoe

Forwarded message
From: Shimomura, Dale <dshimomu@hgea.org>
Date: Mon, Mar 25, 2019 at 12:09 PM
Subject: Re: jade dannerjones
To: kanoeahuna@kanuikapono.k12.hi.us <kanoeahunakanuikapono.k12.hi.us>
Cc: Finn, Kaulana <kfinn@hgea.org>

Go to your in box, type in jade dannerjones or denby and you will find email from jones to denby with
you being cc’d. If you are alluding to whether i was sent something that i am not entitled to be reminded
that theHGEA/AFSCME is the exclusive representative, therefore entitled to address concerns expressed
in my earlier email.

Please inform jones to cease and desist from communicating directly with kanuikapono employees.

If you need proof check your email.

If you are unwilling we will consider formal action up to and including filing a complaint with the HLRB.

Let me know

On Mar 25, 2019, at 11:26 AM, Finn, Kaulana <kfinn@hgea.org> wrote:

From: Kanoe Ahuna [mailto:kanoeahuna@kanuikapono.k12.hi.us]


Sent: Monday, March 25, 2019 9:26 AM
To: Shimomura, Dale; Finn, Kaulana
Subject: Re: jade danner jones

Aloha Dale,

Are you stating that you did not receive the email(s) from Denby in reference to her complaint? I am still
unaware of which email you are referring to in your initial email... “Kanoe, it has come to the union’s
U-3 033

attention that Ms. Jones (Board Member) has been emailing Denby Dawson and giving her directives on
doing her job (see emails below).’1

will not be able to respond appropriately to your request without having the emails you are
referencing. Please forward them.

Mahalo, Kanoe

On Sun, Mar 24, 2019 at 1:58 PM Shimomura, Dale <dshimomu@hgea.org> wrote:

I was told the email was sent to denby and you.

Sent from my iPhone

On Mar 24, 2019, at 12:17 PM, Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us> wrote:

Aloha Dale,

Please forward me the emails you are referring to. I know you stated that I have them however, unable
to find them in my mailbox or at least in regards to what you are referencing. At this point, I am unsure
what you are referencing, thus, I unable to respond effectively.

Mahalo, Kanoe

On Fri, Mar 22, 2019 at 8:36 AM Kanoe Ahuna <kanoeahuna@kanuikarono.k12.hi.us> wrote:

Aloha Dale,

Thank you for informing me of this. Please forward me emails you are referencing.

Mahalo, Kanoe
On Mar 21, 2019, at 11:19 AM, Shimomura, Dale <dshimomu@hgea.org> wrote:

Kanoe, it has come to the union’s attention that Ms. Jones (Board Member) has been emailing Denby
Dawson and giving her directives on doing her job (see emails below). Be reminded that the Board is a
Policy body and not an administrative body. That being said, Ms. Jones apparently, through her emails
believes that she has administrative powers over school staff. Ms. Jones must cease and desist from
U-3 034

issuing directives and admonishing staff about administrative and daily operational issues. If we do not
hear from you regarding this email by COB

March 29, 2019, we will assume that you will not be addressing this issue to stop Ms. Jones from
interfering with your operations and will be taking this matter to the appropriate body for resolution.

Thank you for your attention to this matter. Call me or email me should you have questions regarding
this matter.

Dale Shimomura
Union Agent
Hawaii Government Employees Association / AFSCME Local 152
3213 Akahi Street, Lihue, HI 96766-1108
Main 808.245.6751 I Fax 808.245.9632
I www.hgea.org I Facebook I Twitter

From: Jade Danner Jones <jadedannerjoneskanuikapono.k12.hi.us>


Date: Sat, Mar 16, 2019 at 8:18 AM
Subject: Re: Extension of deadline
To: Denby Dawson <denbyd@kanuikapono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>

Denby, thank you. I know you are passionate and want things done the right way. I can agree with a lot
of what you said, except one part...we are responsible for whether the people of Anahola got the
memo...particularly if we didn’t put the memo where they could see it. I’m on the board, and I’ve never
seen your post card until yesterday. My child attends the school, and I didn’t see one announcement
until yesterday when it came to my inbox. That was the first school messenger email I ever received. I
live in Anahola, less than a mile from the school, and had to ask for the date.

The bottom line is our system of engagement with the Anahola community has failed because there is
no system that people can see, can understand, and can count on. We cannot hold them responsible to
a system that is not transparent. How we engage in Anahola is more important than how we engage the
rest of the island because 1) our school is in Anahola, using resources of Anahola that could be deployed
differently should it be determined we don’t serve Anahola (and we don’t make that decision), and 2)
our mission clearly states our commitment to serving Anahola, which right now, we don’t do very well.

Just as we are making corrections to our system for expending resources, this extension is a correction
to our recruitment system with an extension of a deadline that is out of step with our bylaws and does
not help us to achieve our mission. We are extending the deadline because we must, and since we
must, we are taking the time to correct our failures in recruitment efforts because we failed to align
them to our mission.
U-3 035

understand you may not feel comfortable with the weight of the policy, Denby, but the staff do not get
to pick and choose which of the school’s policies they will implement, and which they will ignore. One of
the big complaints I hear at the school is Ipo didn’t consistently align her decisions to policy...she instead
made it up as she went. How is your position on this any different than what lpo did? Further, the
policy you are tasked with implementing is the policy those who went to the commission last year
fought to restore, not something this board created a new. If the lotteries in past years did not provide a
20 ticket advantage to the people of Anahola, then those lotteries were out of step with not just our
mission, but the Commission-approved policy required by our contract.

This policy has been in effect since before open enrollment began, and the mission of the school has not
changed. In my view, we have failed to take every reasonable step, as a school, to support an
admissions process that is aligned to the school’s mission of serving Anahola by informing Anahola of
the services we provide, and how to access them. We need to correct that now, because we still can. An
extension of the deadline until the March 27th and putting up banners announcing our openings does
that to the best of our ability with the resources we have left.

Finally, I invest the time in trying to make it cleat why we are doing what we are doing with you
because I value your experience and commitment to the school, and I recognize a potential for
growth, but I need to know that you understand the chain of command, and the staff’s kuleana
to implement to their greatest ability, the policies of the school, set by the board, regardless of
whether they personally agree with them or not if I am going to continue to invest the
time. Kanoe is your supervisor, that has not changed. She is responsible to the board, not me
individually, My presence in the operational considerations of the admissions process is at
Kanoe’s request because of my skills as a manager and strategic implementation of operations
to achieve missions and goals, not because of my position on the board. An additional
investment of efforts to alert Anahola that we are open for enrollment and the extension of a
deadline to make sure they’ve had a fair chance to apply is the way to take responsibility for our
failure as a school to sufficiently alert our community to the opportunity, and to correct it.

Today is Halia Day...and I promised her no work for Mom today, so if I don’t respond today, that’s why.
You have asked me to trust you, Denby and I have. Now I am asking you to trust me and implement the
extension to the very best of your ability.

On Sat, Mar 16, 2019, 6:02 AM Denby Dawson <denbyd@kanuikapono.k12.hi.us> wrote:

Good morning, I still don’t feel good about the extension. In review of the applications in Kindergarten
alone we have 33 apps 16 siblings and 4 spots (for now). For the other 17 applicants, if anyone of those
are from Anahola, they will get 21 tickets for those 4 seats, all other applicants don’t stand much of a
chance at all. 1 Anahola resident out does all 16 non-siblings applicants. 2 A-towners puts 42:15. I think
the lottery is too weighted to extend.
U-3 036

I heat you Jade, on your concern that Aunty next door didn’t get the memo. But you also said, grandma
Pa’s grandkids didn’t get the memo, who are also very much affiliated with the school. We can’t be
responsible for how people hear about us, we can be better next year, but I think it best to move
forward with what we have.

I hear your comment Jade that some perceive they have to be “in” with the school to get in. There is
some truth to that, but that is not necessarily due to the lottery. I do think extending the lottery would
support the misperception rather than clear it up. Truth be told, it’s our own that turn things in late. I do
think after all the miscommunication over the lottery last year, we would do better to stick to the
deadline and support the applicants that have shown their interest by our deadline. This feels more of a
repeat of last year.

Forwarded message
From: Jade Danner Jones <iadedannerjones@kanuikapono.k12.hi.us>
Date: Wed, Jan 30, 2019 at 11:02 PM
Subject: Fwd: Email Rollover
To: Denby Dawson <denbyd@kanuikapono.k12.hi.us>, Kanoe Ahuna
<kanoeahuna@kanuikapono.k12.hi.us>

Denby,

The school email domain belongs to the school, and is for school business. The governing board is the
highest rung on the ladder of school business, and like any employee, our work as a board belongs to
the school. That is the reason the board has school email addresses. For the conduct of school business,
and so the school has the record of our communications on behalf of the school after we leave the
board.

If you have a concern with your access rights in administering the school domain as part of your job
responsibilities, take that up with your direct supervisor first. If she doesn’t resolve it timely (that
doesn’t mean immediately), then you may bring it to the board’s attention.

Further, since you can’t be judicious about the kinds of issues that merit full board attention, or if you
want to raise a concern about Kanoe’s decisions in future, you can do that with me, as Chair, and only
after you have taken the issue to Kanoe. I’ll decide if your concern merits the full board’s attention, and
forward it on to them if appropriate, or I’ll refer it back to Kanoe because it falls within her scope of
a uthority.

Board members are volunteers with limited time to devote to board responsibilities, which is why we
hired Kanoe and empowered her to deal with these operational concerns.

I’ll note that you seemed to have left me off your original communication to the governing board. I’m
curious. Do you consider the fact that Kanoe was not onsite Monday and Tuesday part of “all her
absences”?
U-3 037

Malama pono,

Jade

On Jan 30, 2019, at 3:35 PM, Denby Dawson <denbyd@kanuikapono.k12.hi.us> wrote:

Hi Kanoe and Governing Board,

I tried to assist an employee with resetting an email and figured out we no longer could. I would think
this would be an operational task. Your lack of communication regarding email accounts creates a very
unsettling feeling for myself and Des. I understand your need to be apart of helping the school, but I feel
like i’m being violated. Why couldn’t you all get your own emails if you are feeling violated, why should
the staff have to be influenced. There should have been a memo, a thought for consideration, what
about our emails makes it non-operational. Our emails are created solely for work use. My lotus notes
email is also forwarded to this email.

Kanoe, with all your absences, why bother taking off the front office to assist with admin tasks?

I look forward to hearing from you all, and hope you reconsider whether you need
kanuikapono.k12.hi.us Hawaii Department of Education emails.

Respectfully,

flenby Dawson
.hooI Aclininisirative Set vices Assistant

PC Bnx 12

4nano/a, HI 96703

S0& 823.9160 phonc

08.482. 3055 fax


U-4 038

Desirea Lynn Peterson

July 19, 2019 Email:

Aloha,

My name is Desirea Peterson Office Assistant at Kanuikapono PCS. The Governing Board Chair, Jade
Danner-Jones, repeatedly expressed her anger with employees contacting their unions and/or the
Charter School commission with complaints or grievances. Specifically on April 18,2019 after asking the
commission for clarification pertaining to a policy issue myself and another employee were brought into
a meeting with Jade Danner-Jones and were reprimanded for taking our concerns outside of the school.
She stated that we should not go to the unions or commission for anything. We had to apologize to her
for doing so and a general statement was made by Jade that in the future we should only go to her with
any issues. Jade also stated we can’t have employees at the school who constantly go to the unions. I
make this statement in truth to the best of my abilities.

Mahalo,

Desirea Lynn Peterson

June 25, 2019 Email:

Aloha,

Yes they did have a special board meeting to assign Jade to be the board Representative to speak on
behalf of the whole board. Of course Jade would deny saying for us to stop going to the union or the
commission because that is their main objective. I will find out when that meeting was and I believe my
co-worker recorded the audio at that meeting.

Desirea

June 25, 2019 Email:

Aloha Kaulana,

I know you are a very busy woman however I was curios as to whether you guys help people find other
employment opportunities within the union. I do no think I can remain here at Kanu for another year
under the current leadership, not saying I want to quit now. I want to look at other options as this place
is taking a toll on myself as well as Denby and Kainoa. Please call me if you want or email me back
whichever works for you. I really want to stay an HGEA member and hope we can figure out something.

Ma halo for your time,


U-4 039

Desirea Peterson

From: Desirea Peterson [mailto:desireap88gmaiLcom]


Sent: Friday, May 3, 2019 10:59 AM
To: Moniz, Stacy
Subject: Kanuikapono PCS

Aloha Stacy,

After speaking this morning I wanted to put down the main points in the conversation into an email to
build a picture of the criminality occurring here on a weekly if not daily basis.

Our Governing Board Chair, Jade Danner-Jones, has told me and a few other co-workers to not go to the
union or to the charter school commission for any reason. If we have any issues we are to bring them
directly to Kanoe Ahuna. Jades reasoning for this is that it is really irritating to get calls form the
commission about somebody complaining to them about things that are only causing the school to look
bad and we need to work on all issues in house. However if our issues are directly related to Jade or
Kanoe how can we possibly address this? Especially when there is obvious retaliation anytime we say or
do something that Jade does not like or agree with. This conversation took place after Denby Dawson
contacted Dale from HGEA on March 27th regarding Jade emailing us constant directives to have done
by the end of day. Our unwillingness to complete tasks for Jade led her to personally attack Denby
hence Denby calling Dale for help. Jade did back off for about 10 days after that incident then she asked
to meet with both Denby and myself on April 18,2019. It was at this meeting Jade made the comment
about going to the union or the commission.

Also an issue which is alarming to myself is that Kanoe and Jade approached me after the meeting
yesterday with Kaulana Finn. They offered me a new job and compensation however nothing was put
into writing. I feel unsure if changing my job title leaves an opening to be let go once my new job
assignment is complete. I would like help to discuss this new job opportunity with my union involved to
make sure I am protected. I do not think they di not involve you in the initial conversation with me
about a new role on purpose they really have no idea what they are doing.
U-4 040

I am tired of feeling anxiety going to work everyday, I love my job and this school which is why I must
fight for better working conditions. If you need any mote information please let me know and I really
appreciate your support in this matter.

Mahalo,

Desirea Peterson

April 30, 2019 Email:

Aloha Kaulana,

I was just hoping to get a clear picture of what the board can and cannot do. Is the board chair allowed
to request me to do assignments, force me to take over other co-workers duties, have job duties taken
from myself. She gets very mad and verbally abusive if we do not give her everything she asks within her
set time frame which mind you I am trying to get all of my other work duties done. Also I know Kainoa
Wojaif sent you the board meeting from Friday April 26 in which they basically stated they do not have
to comply with HGEA and are allowed to create their own contracts. This level of blatant disrespect of
our union rights terrifies me. So I guess the question I am asking is she an administrator or should the
Executive Director be the one to direct me on what needs to be done? Sorry there is just so much
anxiety for me at work this week since they put Denby on administrative leave for nothing. They are
now trying to have me do all her duties and to be frank I can do them but it is not right so I just keep
saying I do not know or I do not have access to avoid it. Mahalo nul ba for your time.

Desirea Peterson

Forwarded message
From: Jade Danner Jones <jadedannerjoneskanuikapono.k12.hi.us>
Date: Friday, April 26, 2019
Subject: Exec: Accounting / School Gmail Account
To: Desirea Peterson <dpeterson@kanuikapono.k12.hi.us>, Denby Dawson
<denbyd@kanuikapono.k12.hi.us>, Kanoe Ahuna <kanoeahuna@kanuikarono.k12.hi.us>, Shane Cobb
Adams <shanecobbadamskanuikapono.k12.hi.us>

Aloha e Denby and Desirea,


U-4 041

have set up a team drive called “Exec: Accounting” to put all the electronic accounting files on (all of
the supporting documentation contained in the vendor and customer files). This is the drive I
referenced in my earlier email to you.

Denby, I’ve given you the ability to edit, add, move and delete files. Des, I’ve limited your access rights
to editing and adding files, so be careful when you drop files onto that drive because you will need
Denby to move them for you if they have to be moved into a different folder. If this level of access
becomes problematic, let me know. I want to find the right balance of making sure you guys can do
your jobs efficiently, but not build too much risk into the system in terms of accidental deletions, etc.

School Gmail

Desirea, please put on your list of tasks the migration of all files from the school’s gmail account to the
team drive called School Gmail. I set this drive up on March 4 and asked Denby, I believe, to move
everything over and remove any school files stored in that account at that time. She has informed me
that she hasn’t had time to focus on completing that task. Now that we have GSuite, maintaining the
school’s records in what is essentially a personal gmail account is not necessary. Once all the files are on
the school’s team drive, we can sort them into the correct locations.

The task is not urgent, but it does need to be complete before the end of the school year, and sooner is
better if possible. Let me know how long you think it will take to get the job done, and provide me
weekly updates, with a cc: to Kanoe, on the status until the task is complete. Additionally, review any of
the locations where we may be advertising that email address, and change it to
info@kanuikapono.k12.hi.us. I believe I already set up that address to forward to you, so you can sort
whatever comes into it like you do the regular mail.

Finally, Des and Denby let me know what kinds of school records, communications or documents you’re
currently maintaining on your personal drives, and let’s get the necessary team drives set up to host that
data.

Holo i mua,

Jade Danner Jones

Chair, Governing Board

Kanuikapono Public Charter School

hope needs a strategy


U-4 042

Desirea Peterson

Office Clerk

Kanuikapono PCS

Forwarded message
From: Desirea Peterson <dpeterson@kanuikapono.k12.hi.us>
Date: Tue, Apr 30, 2019 at 5:58 PM
Subject: Fwd: Recap of Friday Meeting with Administrative Support Staff
To: Denby Dawson <denbydawson@gmail.com>

Forwarded message
From: Jade Danner Jones <jadedannerjones@kanuikarono.k12.hi.us>
Date: Tuesday, April 23, 2019
Subject: Recap of Friday Meeting with Administrative Support Staff
To: Denby Dawson <denbydkanuikapono.k12.hi.us>, Desirea Peterson
<dpetersonkanuikapono.k12.hi.us>, Kainani Gonzalez <kainanig@kanuikapono.k12.hi.us>, Audrey
Kuhaulua-Navor <audreyk@kanuikapono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>, Shane Cobb-Adams
<shanecobbadamskanuikapono.k12.hi.us>

Ladies,

As we discussed, there are a number of projects that need to be completed before the end of the
year. Because the projects affect one another in terms of timing, we need to review the plan before
beginning the work. I drafted some work plan templates for the 4 projects. Before beginning the work
U-4 043

on the projects, we need to see the worklplans to make sure the projects work together where
necessary.

Please complete the workplans for the projects you were assigned below and be ready to discuss them
with Kanoe and I at 12:30 pm tomorrow. Kainani has come aboard and has been assigned the personnel
and student records projects below. I expect we can all work together as professionals to get the school
where it needs to be.

Jade Danner Jones

Chair, Governing Board

Kanuikapono Public Charter School

hope needs a strategy

Forwarded message
From: Desirea Peterson <dpetersonkanuikajono.k12.hi.us>
Date: Tue, Apr 30, 2019 at 5:51 PM
Subject: Fwd: Recap of Friday Meeting with Administrative Support Staff
To: Denby Dawson <denbydawson@gmail.com>

Forwarded message
From: Jade Danner Jones <adedannerioneskanuikapono.k12.hi.us>
Date: Friday, April 19, 2019
Subject: Recap of Friday Meeting with Administrative Support Staff
To: Denby Dawson <denbydkanuikapono.k12.hi.us>, Desirea Peterson
<dpetersonkanuikapono.k12.hi.us>, Audrey Kuhaulua-Navor <audreyk@kanuikapono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahunakanuikapono.k12.hi.us>, Shane Cobb-Adams
<shanecobbadamskanuikapono.k12.hi.us>

Aloha e Team,
U-4 044

Recapping Friday’s Meeting, the first step is to develop and seek approval on your plan for
accomplishing these projects, bearing in mind the board expects these tasks to be complete before the
end of the school year. The plan should be ready for review and approval by the leadership by Tuesday.

I’ve created a template for outlining your plans in 4 required areas as follows:

• Fiscal Management System—Denby

t.1 Financial Management System

• Current Budget / Q3 Financial Report for Board Review—Shane with Denby’s Support (You’ll
need to account for this work in planning the above)
• FBI Subpoena Compliance—Audrey

FBI Subpoena Compliance

• Personnel Management System—Unassigned

Personnel Management System

• Student Records Management System—Unassigned

Desirea will assume all routine SASA duties, except those relating to financial management, through the
end of the school year, and support Denby and Audrey in the completion of their priority projects.

Staff will work with Jade, Shane and Kanoe, seeking approval and guidance at appropriate times, and
manage the work through to completion by the agreed upon deadlines. Denby and Desirea have
requested the opportunity to resolve all special projects to completion without bringing on additional,
temporary administrative support, but leadership is skeptical that all of the required work can be
completed with existing staff in a manner that is open and facilitates the school’s success.

As an opportunity to demonstrate the support staff’s plan for adequately managing all of the above
workload to completion, support staff may complete the work plans associated with Personnel Records
and Student Records management in a way that demonstrates the available man-hours to complete the
tasks without a requirement for significant overtime expenditures by the school by Tuesday should it so
choose.

Ultimately, the determination on whether and who to bring on as support staff is at the discretion of the
school’s leadership, based on its judgement of the level of effort required to complete all priority
projects by the end of the school year, and all administrative staff will be expected to support that goal.
U-4 045

Holo I mua,

Jade Danner Jones


Governing Board Chair
Kanuikapono Public Charter School

hope needs a strategy

Desirea Peterson

Office Clerk

Kanuikapono PCS

Forwarded message
From: Jade Danner Jones <jadedannerjones@kanuikaiono.k12.hi.us>
Date: Thursday, April 25, 2019
Subject: Accounts Payable / Accounts Receivable
To: Desirea Peterson <dpeterson@kanuikapono.k12.hi.us>, Kanoe Ahuna
<kanoeahunakanuikapono.k12.hi.us>, Shane Cobb-Adams
<shanecobbadams@kanuikapono.k12.hi.us>, Denby Dawson <denbyd@kanuikarono.k12.hi.us>, Audrey
Kuhaulua-Navor <audreyk@kanuikapono.k12.hi.us>

Aloha e Team,

For probably the next couple of weeks, Ill be doing the Quickbooks-related work in order to allow
Denby to focus on her project and for us to do the work necessary in the Quickbooks file to realign the
chart of accounts and classifying of expenses and income.
U-4 046

Des, as bills / check requests come in, please put them in a folder in the order in which they are due for
my review on Wednesdays. Anything that comes in after Wednesday, just put into the next week’s
folder unless Kanoe says it’s urgent. Generally, I’ll gather the bills on Wednesdays and have checks
ready to print on Fridays.

I’ll do bank deposits on Mondays. If we have cash or checks that need to be deposited, please prep
them (do the deposit slip, attach the deposits, etc) for my review Monday morning.

Audrey, because a significant chunk of your project is dependent on a portion of Denbys project being
completed before you can work some of your tasks, please work out a schedule with Des of the times
when you can cover the front office for her to allow her to do the mail runs, etc. I’d prefer you two set
up some established times that you’ll cover it, rather than a loose “let me know when you need me”
schedule. That way, everyone can plan their day knowing who’s where, and when.

Holo i mua,

Jade Danner Jones

Chair, Governing Board

Kanuikapono Public Charter School

hope needs a strategy


U-5 047

Kainoa Wojak:

May 9, 2019 Email:

Aloha Kaulana,

Kanoe left at 11am and Jade is here on campus as the AOD (Administrator on Duty.) Isn’t that some kind
of violation? She is not an employee. Kanoe will be out tomorrow too. This place is so crazy.

Kainoa
Sent from my iPhone

April 30, 2019 Email:

Aloha Kaulana,

Any thoughts on how we should proceed? It is very cleat our Governing Board doesn’t understand that
we are State employees and as State employees we are bound by the master collective bargaining
agreement. They may negotiate a supplemental agreement with our Union but in lieu of that the master
collective bargaining agreement still stands firm. I don’t understand why they cannot comprehend this.
They alluded to “personnel matters” that they need to attend to.

I believe they should at least be served with a Notice. Call me at your earliest convenience.

Mahalo,
Kainoa
Sent from my iPhone

Morning Kaulana,

Mahalo for your response. Look forward to hearing from you.

Short of getting Board training (which the Commission has asked them to do) I don’t see how we can
change a people’s way of thinking. The recording clearly shows an attitude that is not aligned with the
Charter Contract and DOE. The other Board members demonstrated their ignorance by not challenging
Shane’s and Jade’s remarks.

FYI, I forwarded the recording to the Performance and Compliance Division at the Commission (Haunani
and Lauren, cc:d Sione)

Kainoa
Sent from my iPhone

> Original Message


> From: Kai Wojak [mailto:kaizone2hawaii@gmail.comJ
> Sent: Saturday, April 27, 2019 9:49 AM
> To: Finn, Kaulana
U-5 048

> Subject: Kanu Gov Board Mtg 4.26.19 VIII. b.


>

> Aloha Kaulana,


>

> I condensed it down. It starts at agenda item VIII b. Resolution of 19-005 Designated Board
Representative. This resolution is a direct response to the conversation Stacy had with the Board
Treasurer, Shane Cobb-Adams on Wednesday.

EMAILED: April 29, 2019

Aloha Kaulana,

Here is the agenda from Kanuikapono’s Governing Board Meeting that was held today, Friday, April 26,
2019 at 4pm.

I would like to bring to your attention Item VIII. b Resolution of 19-005 Designated Board
Representative. This resolution is the Board’s direct response to the conversation Stacy had on
Wednesday, April 24th, 2019 with the Board Treasurer, Shane Cobb-Adams.

I am trying to send you the recording of the meeting. It is 2.5 hrs long. There is a discussion and Shane
states that the Charter School does not need to follow the union’s collective bargaining agreement and
the union was trying to pull a fast one by getting them to sign a supplemental agreement that was
actually the master agreement. It was very upsetting.

Please refer to the Charter Contract Section 12.1 Collective Bargaining (that I previously emailed you on
1.24.19) where it clearly states that the School must comply with the master collective bargaining
agreement.

https://d rive.google.com/file/d/llpYbfl p EfuAs7DQBHNoFp77rDh LcFxzf/view

Ma halo,
Kainoa Wojak

April 24, 2019 Email:

Aloha Kaulana,

This email demonstrates the constant attacks we are under at work. My boss never schedules meetings
to discuss these “concerns.” I just receive these “surprise” emails demanding I cease and desist.

Ka i noa

Sent from my iPhone

Begin forwarded message:


U-5 049

From: Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us>


Date: April 24, 2019 at 10:39:09 AM HST
To: Kainoa Wojak <kainoawkanuikapono.k12.hi.us>
Cc: Denby Dawson <denbydkanuikapono.k12.hi.us>, Desirea Peterson
<dpeterson@kanuikapono.k12.hi.us>, Audrey Kuhaulua-Navor <audreyk@kanuikapono.k12.hi.us>
Subject: Hale CIa

Aloha Kainoa,

It has come to my attention that students are requesting permission to come to Hale CIa for popsicles
and other food throughout the day, disrupting our daily routines for the students, and presenting a
difficult circumstance for the teachers and staff responsible for managing them. While I appreciate your
willingness to feed the students, it is not consistent with existing school policies and procedures
designed to address this specific concern, and is causing a disruption in the school’s management of the
students. Please cease this practice immediately.

If a student mentions that they do not have lunch, please refer them to the front office staff (preferably
during the morning recess) where a call will be made to their parents to supply them with lunch, or food
will be provided to them. Please send the students back to class and remind them that they should only
be accessing Hale CIa for health services.

Mahalo,

Kanoe

March 17, 2019 Email:

Aloha,

Last Thursday during my duty-free lunch I called in to the State Public Charter Commission meeting and
gave oral testimony.

I guess my testimony was compelling enough that Jade Danner Jones, the School Board Chair felt the
need to reply to me personally via email. She did not send a reply to Kamealoha or Becky who also gave
testimony. There is a subtle threat in her response that I find offensive. Another example of hostile work
enviro nme nt.

Mahalo
U-5 050

Kainoa
Begin forwarded message:

From: Jade Danner Jones <jadedannerioneskanuikapono.k12.hi.us>


Date: March 15, 2019 at 9:34:12 PM HST
To: Kainoa Wojak <kainoaw@kanuikapono.k12.hi.us>
Cc: Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us>, Shane Cobb-Adams
<shanecobbadamskanuikapono.k12.hi.us>
Subject: Testimony Provided to the State Public Charter School Commission

Aloha e Kainoa,

Mahalo nui for providing your testimony to the State Public Charter School Commission at their meeting
this past Thursday. We were on the agenda at 1:30 pm, and the SPCSC concluded its discussion of our
agenda item within the hour. I assume you took leave to participate in the meeting telephonically, as
the agenda item is unrelated to your responsibilities at the school. Written testimony is certainly easier
to submit during an employees off-hours, and I recognize the commitment it takes to go through the
process of requesting and securing approval for personal leave time to participate in a meeting and to
provide verbal comment.

The KPCS governing board appreciates an engaged public and staff, and is working to implement
processes that ensure we hear any concerns and address them timely, efficiently and appropriately. I
encourage you to provide any comments or concerns you may have related to the governing board in
writing to my attention at any time, or verbally during the public comment opportunity on the agenda of
regular board meetings.

I did want to address three clear misunderstandings on your part, based on what I heard of your
testimony before the State Public Charter School Commission (SPCSC) so you have access to accurate
information. I do not have a copy of your written testimony to the SPCSC, so if you would like to share
your testimony with our board in the appropriate forum, I’m sure we can address any other concerns
you may have articulated.

First, since the first meeting I Chaired on February 1, 2019, the Governing Board has followed the
applicable Robert’s Rules of Order and provisions of our bylaws in the conduct of our meetings and
overall operation as a board. I don’t know how familiar you are with Robert’s Rules, but that is why we
endeavor to open agenda items first with a motion, then with discussion until the question is
called. When called, the members then vote on the motion. I’m sure if you review your recordings of
our meetings since February 1, you will hear the board offering motions, providing seconds, and then
entering discussions followed by a vote. It’s true that some of us are still becoming familiar with
Robert’s Rules. At times, members may struggle to recall the proper procedure, but that is why you’ll
hear me guiding them to the next procedural step.

Second, you indicated you believed the current composition of the board is out of step with the
provisions of our bylaws. Let me assure you that we are not. First, the bylaws state, in Article III,
U-5 051

Section 2 that “The board shall be composed of five (5) to seven (7) Directors unless and until changed
by amendment of these Bylaws.” This is the only requirement in the bylaws governing board
composition and, with 6 members, the current Governing Board certainly meets this requirement.

Subsection (a) of the same section states, “The board shall seek to maintain a membership which is
representative of the community served and which possesses the breadth of knowledge and experience
to effectively support and direct the operation of the School. To support this, the Board will endeavor to
maintain a membership which includes: 1) A parent of an enrolled student; 2) an act or retired licensed
educational officer or administrator; 3) an individual with expertise in Accounting or Financial
Management; 4) an individual with expertise in Law or Human resources; 5) a resident of Anahola,
Kauai, Hawaii; and 6) an Ike Hawaii professional. [emphasis added]”

While I was not involved in the drafting or adoption of these bylaws, it is clear that what the transitional
board understood in drafting, considering and finally adopting these bylaws is that it is not always
possible to fill a 5, 6 or 7 member board with perfect representation in each of these 6 preferred areas
of skill, knowledge and / or experience. Still, I am proud to report that the current composition of the
board has representation in each preferred area, and in all but one category, that skill, knowledge and /
or experience is represented by two or more members. While I have extensive experience in HR and
law, the board would like to find a seventh member who can bring additional expertise in these areas in
order to give us two qualified members, if possible. We also acknowledge it may not be possible. We
are currently soliciting and accepting applications, and if you want to make a commitment to the
school’s governance, I encourage you to apply.

Finally, you asked why “so many of the board members” have resigned, and intimated that it was the
result of the current operation of the board. I’m not sure what has led you to this conclusion, but again,
I assure you that is not the case. It may not be clear to the audience, but serving on the Kanuikapono
Public Charter School Governing Board in a time of crisis and transition is very stressful, comes with a
steep learning curve, and requires a significant investment in time that is not generally required by other
boards.

It should not be a surprise that the three transitional members, who had been managing such a large
kuleana, under what can only be characterized as difficult circumstances for 4 to 6 months, would
determine it was time to refocus their energies on other priorities they had put to the side in order to
support the school. We mahalo them for their service and for upholding the kuleana for so long. It is
my understanding that even prior to expanding the board, each of the transitional members had, at
some time or another, indicated a potential for a resignation once the full board was in place to accept
the kuleana of governing the school.

Even for those of us that were appointed in or since December 2018, board service requires significant
personal sacrifice, particularly as it relates to time away from our families and other priorities. We are
instituting several policies and practices to ensure board members can fulfill their kuleana more
U-5 052

efficiently because it is a difficult kuleana to manage unless there is sufficient established process to
facilitate the orderly consideration of issues to their resolution.

Thankfully, Tutu Pa determined she could manage the kuleana of board service again and submitted an
application. The board is fortunate to have her wisdom as a kupuna, and her perspective as a
longstanding member of the KPCS board and community of Anahola. As you know, Rachel Dybul served
as Board Secretary. While I won’t discuss Rachel’s stated reasons for resigning, I will inform you that
Board Secretary is the most time-intensive position on any volunteer board because of the
responsibility to properly record the board’s decisions and to provide Notice to the public, in addition to
the other responsibilities of board membership.

I hope that taking the time to share this information with you has enhanced your understanding of what
is happening at the board level. If you want to malama the kuleana of governing the school, I encourage
you to apply for our vacant seat on the board. We are always looking for people who can invest the
time to serve the school.

Holo I mua,

Jade Danner Jones


Governing Board Chair
Kanuikapono Public Charter School

hope needs a strategy

March 9, 2019 Email:

Aloha Dale and Kaulana,

The State Public Charter School Commission will be having a meeting this Thursday, March 14, 2019 at
1:30pm. This is a public meeting. Kanuikapono is the first item on the agenda. See attached agenda.

http://sha repoi nt.spcsc. hawa ii.gov/SPCSC/Documents/Fina l%20Genera l%2oAgenda%202019-3-


14%202%2omtg%20a mended. pdf

Click here to listen to the meeting via Zoom.


If you would like to testify online, you must log into Zoom using your computer. Please use the chat box to
provide your name and agenda item(s) you are testifying on.
Testifying online has been challenging due to technical issues, although this option is available, it is encouraged
to submit written and/or in-person testimony.
For help with Zoom, visit: https://support.zoom.us/hc/en-us
STATE OF HAWAII
STATE PUBLIC CHARTER SCHOOL COMMISSION
(‘AHA KuLA Ho’AMANA)

AMENDED
U-5 053

GENERAL BUSINESS MEETING


MEMBERS
Makalapua Alencastre Harald Barkhoff Shannon Cleary
Mitch D’Olier Sylvia Hussey Cathy lkeda
John Kim (Chairperson) Kalehua Krug (Vice Chairperson) Roger Takabayashi
NOTICE OF MEETING
Thursday, March 14, 2019
1:30 p.m.
Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, HI 96813
I. Call to Order

II. Update/Action on the Intervention Protocol for Kanuikapono Public Charter School’s Notice of
Concern Regarding Statutory Composition Requirements of the Governing Board, School Policies and
Procedures, and 2016-17 Annual Financial Audit Findings

Ill. Action on the Intervention Protocol for Kona Pacific Public Charter School’s Notice of Concern
Regarding Public Charter School Contract Violations and Performance Concerns
IV. Action on the State Public Charter School Commission’s Proposal for Board of Education Policy on the
Purpose of Charter Schools
U-5 054

V. Applications Committee Report

VI. Executive Director’s Report

VII. Adjournment

The Commission welcomes public testimony on agenda items. Petsons interested in submitting written public
testimony shall clearly identify the agenda item the testimony pertains to and submit the written testimony to
commission.mail@spcsc.hawaii.gov by 8:00 a.m. one business day prior to the Commission meeting. Persons
wishing to submit public testimony after the written testimony deadline are encouraged to appear in person at the
meeting to present oral testimony, as the Commission cannot guarantee that any written testimony submitted
after the written testimony deadline will be available for Commissioners to consider during the meeting. Persons
wishing to provide oral testimony shall register prior to the Commission’s discussion on the agenda item in which
he or she intends to provide oral testimony. Testimony must be related to an item that is on the agenda. Written
testimony is posted on the Commission website and oral testimony is captured in the meeting minutes. Each
individual or representative of an organization is allotted two minutes, or an amount of time otherwise designated
by the Chairperson, to provide oral testimony to the Commission. Persons requiring special assistance or services,
such as a sign language interpreter, should call (808) 586-3775 at least three business days before the meeting.

From: Kai Wojak [mailto: kaizgone2hawaii©gmail.com]


Sent: Wednesday, January 30, 2019 8:10 AM
To: Finn, Kaulana; Shimomura, Dale
Subject: Re: Kanuikapono Mtg 1.31.19

Good Morning,

I’m just following up regarding all the emails I forwarded to you both about the Ethics meeting
tomorrow. I am still interested in attending the morning part of the meeting where Bonita will be
presenting materials beneficial to the staff. She mentioned it would be approximately 90 minutes long.

I don’t understand why Kanoe and Jade (Board Chair) has taken such a huge exception to my attending
this valuable informative meeting. I feel they are chastising me when I have done no wrong.

It you have any questions or concerns please let me know.

Mahalo,

Kainoa

From: Jade Danner Jones <jadedannerjones@kanuikapono.k12.hi.us>


Date: January 29, 2019 at 4:13:29 PM HST
U-5 055

To: Kanoe Ahuna <kanoeahuna@kanuikapono.k12.hi.us>, kaizgone2hawaii@gmail.com


Cc: Jesse Schwartz <iesseschwartzkanuikapono.k12.hi.us>, Derek Green
<derekgreen@kanuikapono.k12.hi.us>, Becky Santos <beckysantos@kanuikapono.k12.hi.us>
Subject: Re: Kanuikapono Mtg 1.31.19

Kanoe, please counsel Kainoa regarding the chain of command, and how to properly have her questions
addressed through her supervisor.

While Gregg Ushiroda is the Deputy AG for the school, not the school’s staff. Kainoa is not the
authorized representative of the school. That kuleana belongs to the Governing Board, and by
delegation, to you as the Executive Director.

Did Kainoa submit a request to attend this meeting to you Kanoe? Did you approve it? If the answer to
either question is no, then I really don’t understand why Kainoa is contacting the Deputy AG for the
school at all.

On Tue, Jan 29, 2019, 3:54 PM Ushiroda, Gregg M <greg.m.ushiroda@hawaii.gov wrote:

Kai

This meeting is for charter school governing board members, administrators (school directors, principals,
vice principals, etc.), teachers, and staff employed by the charter school. In future, please coordinate
your attendance with your school’s director.

Yours,
Gregg

Gregg M. Ushiroda
Department of the Attorney General
Education Division
State Office Tower
235 S. Beretania Street, Room 304
Honolulu, Hawaii 96813
Tel: (808) 586-1255

Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s) and may contain confidential and/or privileged information. Any review, use,
disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original.

Original Message
From: Kai Wojak <kaizgone2hawaii@gmail.com>
Sent: Tuesday, January 29, 2019 11:56 AM
U-5 056

To: Ushiroda, Gregg M <gregg.m.ushiroda@hawaii.gov>


Subject: Kanuikapono Mtg 1.31.19

Aloha,

I spoke with Bonita yesterday. I understand that the meeting on Thursday, January 31st is a training and
informational meeting and would be beneficial for staff to attend.

As a Kanuikapono staff member and the Union Steward for HGEA I would like to attend this meeting.

Please let me know if this is acceptable.

Mahalo,
Kainoa Wojak
Kanuikapono PCS
School Health Assistant
HGEA Union Steward
Cell #(808) 212-6383

Sent from my Phone


U-6 057

Friday, April 26, 2019 at 4:00 pm


Kanuikapono PCS Halau
4333 Kukuihale Road, Anahola Hawaii 96703

AGENDA
I. Call to Order

II. Roll Call

Ill. Approval of Agenda

IV. Approval of March 29, 2019 Minutes (Tab 1)

V. Public Comments—15 Minutes Total Time Allocated (Sign-Up Required. 2


Minutes Per Speaker, Written Comments are Preferred)

VI. Report of the Treasurer on the Financial Position of the School (Tab 2)
a. FY 201 8-19 Budget Detail, YTD
b. 3rd Quarter Financial Statements

VII. Report of the Executive Director on School Operations & Academics (Tab 3

VIII. Actionable Business


a. Policy Development Process Policy (Tab 4)
b. Resolution 19-005 Designated Board Representative (Tab 5)

IX. Governing Board Self-Assessment Tool Review (Tab 6)

X. Board Projects! Leads (Tab 7)


a. Overview of Board Leads on Projects
b. 2019-2025 Lease Negotiations
c. Personnel Matters
d. Performance Evaluation Tool (Executive Director)
e. Supplementals to Master Agreements with Unions
f. Board Retreat Planning, Preparation & Execution
9. Community Outreach Strategies
h. Year-End Close Out & Audits

Pageic
U-7 058

Kanoe Ahuna

Aloha e Stacy,

Denby Dawson was not placed on paid administrative leave “for no reason other than asking
questions.” Instead, she has been placed on temporary leave with pay because of the
following conversations:

I received this text message on my phone yesterday (Sunday, 4/28) @ 9:32am from Denby
Dawson:

“Kanoe, with all due respect, if Jades personal attacks on me don ‘t stop I will to the commission.
The commission over sees the board and they seem to be the only ones who can educate her
on what is and is not allowed. I don’t want to show up to work tomorrow to deal with any more
hostility. l’m counting on you to put an end to this.”

My response to DD, Sunday, 4/28/19 @ 11:37am:

“Sorry you are feeling like that, / really need the board to provide support and have asked them
to help with getting the financials in order for the 4/30 deadline and to speak to it at the 5/9
commission meeting.

“I will find a solution regarding this.”

Sunday, 4/28/19 @3:29pm

“I have requested another board member, Derek Green to meet with you and I so that / can
respond to your text appropriately. However, Derek is not available to meet until Thursday. In
this regard, to address your concern I am putting you on PAID Administrative Leave until
Thursday. Derek is able to meet with you and I at 8:00am, 5/2.”
U-7 059

The assertion that I placed DD on leave in order to retaliate against her for asking questions is
inaccurate and insulting. In this regard, please relay all further correspondence on this subject to
Richard Thomason.

Mahalo, Kanoe

On Mon, Apr 29, 2019 at 12:23 PM Moniz, Stacy <smoniz@hgea.org> wrote:

Aloha e Kanoe,

I hope all is well. We have been informed that Denby Dawson has been placed on administrative leave
for no other reason than for asking questions. Placing her on administrative leave under such
circumstances violates her right to due process and violates the CBA. Please correct me if my
understanding is incorrect.

Please reinstate Denby immediately. Also, I believe that Kaulana Finn will be attending the meeting
scheduled for Thursday, however, in the future, please notify HGEA in writing when such
action/interview is being conducted.

Mahalo for your attention to this Matter.

Stacy Moniz

Advocacy Manager
Hawaii Government Employees Association / AFSCME Local 152
888 Mililani Street, Suite 401, Honolulu, HI 96813-2991
Main 808.543.0000 I Direct 808.543.0055 Fax 808.550.8814
jnoniz@hgeg I www.hgea.org Facebook Twitter

PLEASE CONSIDER YOUR ENVIRONMENTAL RESPONSIBILITY BEFORE PRINTING THIS E-MAIL


U-7 060

tanoe i-nuna
To: uflUiSCoSed-reCm Details

Desig nees
Today at I :Q. M

Aloha e Kanuikapono Ohana,

I will be out of the office beginning


today and returning to campus on
Tuesday, May 14, 2019. Our governing
board Chair, Jade, will be the Acting
Executive Director in my absence, and
Kawena wilt also serve as my designee.
Please work with Jade and Kawena in
my absence.

Mahato,
Kanoe
U-8 061

Hawaii Revised Statutes §302D-12(k)(1) & (2)

(k) For purposes of this section:

“Employees” shall include but not be limited to:

(1) The chief executive officer, chief administrative officer, executive director, or
otherwise designated head of a charter school; and
(2) Any person under an employment contract to serve as the chief executive officer,
chief administrative officer, executive director, or designated head of a charter school.
U-1
B-1 001
WHITE-COLLAR EMPLOYEES

UNIT 3 CONTRACT
JULY 1, 2013-JUNE 30, 2015

HAWAII GOVERNMENT EMPLOYEES ASSOCIATION


AFSCME LOCAL 152 • AFL-CIO
U-1
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UNIT 03 AGREEMENT
TABLE OF CONTENTS
Page
Article 1 Recognition ........................................................................................................ 1
Article 2 Conflict ............................................................................................................... 1
Article 3 Maintenance of Rights and Benefits .................................................................. 1
Article 4 Personnel Policy Changes ................................................................................. 1
Article 5 Rights of the Employer ....................................................................................... 2
Article 6 Union Security .................................................................................................... 2
Article 7 Union Representation Rights ............................................................................. 3
Article 8 Discipline ............................................................................................................ 5
Article 9 Reduction-In-Force ............................................................................................ 7
Article 10 Technological Changes ..................................................................................... 11
Article 11 Grievance Procedure ......................................................................................... 11
Article 11A Grievances Related to Adverse Action for Failure to Meet
Performance Requirements ............................................................................... 14
Article 12 Temporary Assignments .................................................................................... 18
Article 13 Promotions ......................................................................................................... 19
Article 14 Compensation Adjustment ................................................................................. 21
Article 14A Workers’ Compensation Leave Benefits ........................................................... 36
Article 15 Training and Development ................................................................................. 36
Article 16 Personnel File .................................................................................................... 38
Article 17 Personal Rights and Representation ................................................................. 39
Article 18 Uniforms and Equipment ................................................................................... 41
Article 19 Safety and Health............................................................................................... 44
Article 20 Temporary Hazard Pay ...................................................................................... 45
Article 21 Rest Periods and Lunch Period ......................................................................... 47
Article 22 Shift Work .......................................................................................................... 47
Article 23 Overtime ............................................................................................................. 47
Article 24 Time Off for Overtime Worked ........................................................................... 51
Article 25 Meals .................................................................................................................. 51
Article 26 Standby Pay ....................................................................................................... 53
Article 27 Call Back Pay ..................................................................................................... 54
Article 28 Show-Up Time and Reporting Pay .................................................................... 54
Article 29 Split Shift Pay ..................................................................................................... 55
Article 30 Night Differential................................................................................................. 55
Article 31 Working Condition Differential ........................................................................... 56
Article 32 Sabbatical Leave ............................................................................................... 57
Article 33 Leave of Absence for Union Business .............................................................. 59
Article 34 Holidays .............................................................................................................. 59
Article 35 Vacation Leave .................................................................................................. 61
Article 36 Sick Leave .......................................................................................................... 67
Article 36A Family Leave ...................................................................................................... 71
Article 37 Funeral Leave .................................................................................................... 71
Article 38 Leave for Jury or Witness Duty.......................................................................... 72
Article 39 Time Off for Blood Donation .............................................................................. 73
Article 40 Other Leaves of Absence .................................................................................. 73
Article 41 Leave for Industrial Injury ................................................................................... 78
Article 42 Military Leave ..................................................................................................... 79
Article 43 Kalaupapa Trail .................................................................................................. 80
Article 44 Travel ................................................................................................................. 81
Article 45 Alternative Work Schedules .............................................................................. 84
Article 46 Royal Hawaiian Band ......................................................................................... 84
Article 47 Meter Readers ................................................................................................... 84
Article 48 Educational Assistants ....................................................................................... 85
Article 49 Parking ............................................................................................................... 85
Article 50 Miscellaneous .................................................................................................... 86
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Article 51 No Strike or Lockout .......................................................................................... 87
Article 52 Drug and Alcohol Testing .................................................................................. 88
Article 53 Salaries .............................................................................................................. 88
Article 54 Hawai`i Employer-Union Health Benefits Trust Fund ........................................ 89
Article 55 Entirety Clause ................................................................................................... 93
Article 56 Duration .............................................................................................................. 93
U-1
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UNIT 03
AGREEMENT

This Agreement is made by and between the Hawai`i Government


Employees Association, AFSCME Local 152, AFL-CIO, hereinafter called the
Union, and the State of Hawai`i, the City and County of Honolulu, the County
of Hawai`i, the County of Maui, the County of Kaua`i, the Hawai`i Health
Systems Corporation, and the Judiciary, hereinafter called the Employer.

ARTICLE 1 - RECOGNITION

A. The Employer recognizes the Union as the exclusive bargaining


agent of the unit certified by the Hawai`i Labor Relations Board consisting of
white-collar non-supervisory Employees employed by the State of Hawai`i, the
City and County of Honolulu, the County of Hawai`i, the County of Maui, the
County of Kaua`i, the Hawai`i Health Systems Corporation and the Judiciary.

B. The term "Employee" as used in this agreement refers to


Employees in the bargaining unit.

ARTICLE 2 - CONFLICT

If there is any conflict between the provisions of this Agreement and any
of the rules and regulations of any Civil Service or other personnel regulations
applicable to Employees, or any contracts between the Employer and the
Employees, the terms of this Agreement shall prevail.

ARTICLE 3 - MAINTENANCE OF RIGHTS AND BENEFITS

Except as modified herein, Employees shall retain all rights and benefits
pertaining to their conditions of employment as contained in the departmental
and Civil Service rules and regulations and Hawai`i Revised Statutes at the
time of execution of this Agreement, but excluding matters which are not
negotiable under Chapter 89, HRS.

ARTICLE 4 - PERSONNEL POLICY CHANGES

A. All matters affecting Employee relations, including those that are,


or may be, the subject of a regulation promulgated by the Employer or any
Personnel Director, are subject to consultation with the Union. The Employer
shall consult with the Union prior to effecting changes in any major policy
affecting Employee relations.

B. No changes in wages, hours or other conditions of work contained


herein may be made except by mutual consent.

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ARTICLE 5 - RIGHTS OF THE EMPLOYER

The Employer reserves and retains, solely and exclusively, all


management rights, powers, and authority, including the right of management
to manage, control, and direct its work forces and operations except those as
may be modified under this Agreement.

ARTICLE 6 - UNION SECURITY

A. The Employer shall maintain a list of Union members in this


bargaining unit who have payroll assignment forms on file with the Employer.
This list will be made available to the Union by request and contain information
listing the names of Union members, unit Employees, and total Union
deductions made without cost to the Union on a form supplied by the
Employer.

B. The Employer shall also maintain a list of Employees from whom


service fees are deducted from wages to defray the cost for services rendered
by the Union in the negotiation and administration of this Agreement; such list
will be made available to the Union without cost and on a form supplied by the
Employer.

C. The Employer shall maintain and update the above listings and
notify the Union of any changes.

D. Union dues, initiation fees, service fees, and other Employer


authorized deductions shall be collected twice a month and transmitted to the
Union not later than the 15th day of the following month by check drawn to the
order of the Union. Upon the issue of such check and transmission of same to
the Union, all responsibility on the part of the Employer shall cease with
respect to any amount so deducted. The Employer shall not be bound in any
manner to see to the application of the proceeds of any such check, nor to
investigate the authority of any designated officer of said Union to sign any
request, to accept any such check, or to collect the same. The Union hereby
undertakes to indemnify and hold blameless the Employer from any claim that
may be made upon it for or on account of any such deduction from the wages
of any Employee.

E. Scattergrams reflecting Employee distribution on the salary


schedule as of July 15 of each year shall be provided to the Union by each
jurisdiction.

F. Pursuant to HRS §89-3.5, Employees claiming and qualifying for


religious exemption shall select one of the following non-religious, non-labor
organization charitable funds, that are exempt from taxation under section
501(c)(3) of Title 26 of the Internal Revenue Code:
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1. John A. Burns Foundation

2. American Cancer Society – Hawai`i Pacific Division

3. Hawai`i Heart Association

The Union shall be responsible for:

1. Establishing guidelines for determining bona fide religious, bodies or


sects which have historically held conscientious objections to joining or financially
supporting Employees organizations;

2. Establishing guidelines for determining whether an Employee is a


member of such bona fide religious, bodies or sects;

3. Verifying that an Employee’s request for religious exemption meets


the requirements of HRS §89-3.5; and,

4. Establishing and carrying out procedures for implementing the


requirement that the Employee pay sums equal to the dues and initiation fees
to a nonreligious, nonlabor organization charitable fund as listed above in lieu
of periodic dues and initiation fees.

ARTICLE 7 - UNION REPRESENTATION RIGHTS

A. The Union may call four (4) meetings per year of all Employees in
each department during working hours for informational and educational
purposes, including the interpretation, application, and administration of this
Agreement. The year for this purpose shall begin with the effective date of this
Agreement. The Employees may be divided into groups of convenient size.
When more than one session is held for an informational and educational
meeting, all Employees will have an opportunity to attend one of these
sessions. Each session shall last no longer than two (2) hours. Employees
shall be afforded reasonable travel time to and/or from the meeting, provided
that travel time outside of the Employees’ work hours shall not be considered
work time. The Union may use the Employer's conference rooms and similar
building facilities for these informational and educational meetings. The Union
will notify the Employer in writing of the date(s), time(s), and location(s) of the
meetings at least ten (10) working days before they are held. If the hours
during which the meetings are held are mutually acceptable, the Union shall be
responsible for informing its members of the date(s), time(s), and location(s) of
the meetings as well as arranging for any accommodations needed. However,
this does not preclude those agencies that are currently assisting the Union in
notifying Employees of the meeting arrangements from continuing the practice.

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In addition to the foregoing meetings, additional meetings may be held by
agreement of the Employer and the Union.

B. The Union shall be provided adequate space on bulletin boards for


posting of usual and customary Union notices.

C. Full-time Union representatives shall be permitted to visit and


confer with Employees at their work sites regarding complaints and grievances
and to assure that the Agreement is being properly administered. The Union
representatives will notify the appropriate supervisor when they arrive at the
work site. While on the Employer's premises or work site, the representative
will not interfere with normal operations.

D. The Union shall appoint a sufficient number of stewards from


among the Employees whose function shall be to investigate complaints,
handle grievances, and assure that the Agreement is being properly
administered in their work areas, during working hours without loss of pay or
benefits. The Employer assures privacy to the steward and the Employee
while discussing the Employee's grievance.

E. Stewards who are shift workers may be scheduled by the


Employer for the day shift on a day that the monthly unit island division
steward meeting is held. Such scheduling shall not result in any overtime
penalty because of the Employer's attempt to accommodate the Employee.
Stewards shall be responsible for informing their supervisors of the scheduled
monthly meeting sufficiently in advance so as to minimize any effects on other
Employees because of the work schedule changes.

F. Representatives of the Union shall be permitted to attend


orientation meetings held by the Employer during working hours for new
Employees, and shall be allowed up to thirty (30) minutes to address the
Employees at the conclusion of the meeting.

G. The Union shall provide the Employer with a list of duly certified
officers, representatives, and stewards and maintain its currency.

H. The Executive Director or designee shall be entitled to participate


during the biennial review of the Compensation Plan by the Conference of
Personnel Directors, but may not vote. The Executive Director shall receive
copies of the policies and standards, rules and regulations, identification and
pricing of bench mark classes, including proposed amendments therefor and
notices of meetings, agenda, and requests for repricing.

I. Employees may be permitted to use the Employer's conference


rooms or other similar facilities for meetings during non-working hours.

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ARTICLE 8 - DISCIPLINE

A. Regular Employees shall not be disciplined without proper cause.


Grievances regarding these matters shall be handled in accordance with the
provisions of Article 11, Grievance Procedure.

B. Exempt Employees who meet all of the conditions listed below


shall not be disciplined without proper cause. The conditions are:

1. Employee is in an exempt position in an ongoing program and


whose appointment does not have a termination date.

2. Employee occupies a position which is within the authorized


position ceiling as provided in the State Appropriations Act.

3. Employee has at least six (6) continuous months of service in the


present position.

Whenever grievances alleging violations of Article 8, Discipline, are filed


by any exempt Employee who meets all of the three conditions stated above,
such grievance shall be processed in accordance with the provisions of Article
11, Grievance Procedure.

Exempt Employees in the Housing & Community Development


Corporation of Hawai`i shall not be disciplined without proper cause,
notwithstanding that such Employees are appointed for a definite term,
provided that they meet conditions 2 and 3 listed above.

Paragraph B does not apply to Employees in programs which provide


temporary public service employment, such as SCET and CETA.

C. Disciplinary action taken against any Employee shall be


considered confidential.

D. When an Employee is orally reprimanded, it shall be done


privately.

E. Written Reprimands.

1. A written reprimand issued to an Employee shall contain the


specific reasons for the action and a statement that the Employee may consult
the Union on the matter.

2. The written reprimand shall be issued to the Employee in person


or, if impracticable, mailed to the Employee’s last known address.

Unit 03
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F. Suspensions.

1. Whenever an Employee is suspended for four (4) or less working


days, the Employee shall be given written notice of the suspension within forty-
eight (48) hours after the suspension; provided that, for suspensions of five (5)
or more working days, the Employee shall be given written notice of the
suspension prior to the commencement of the suspension. The notice shall
contain the following:

a. The specific reason(s) for the suspension;

b. The effective date(s) of the suspension; and

c. A statement that the Employee may consult with the Union


on the matter.

2. The notice of suspension shall be provided to the Employee in


person or, if impracticable, mailed to the Employee’s last known address.

G. Discharges and Disciplinary Demotions.

1. Whenever a discharge or disciplinary demotion action is to be


taken against an Employee, the Employee shall be given a written notice of
such action. The notice shall contain the following:

a. The specific reason(s) for the action;

b. The effective date(s) of the discharge or disciplinary


demotion;

c. An opportunity to respond prior to the effective date of the


discharge or disciplinary demotion action; and

d. A statement that the Employee may consult with the Union


on the matter.

2. A written notice of a discharge or disciplinary demotion action shall


be issued to the Employee in person, or if impracticable, mailed to the
Employee’s last known address at least ten (10) days prior to the discharge or
disciplinary demotion action.

3. A disciplinary demotion shall be for a specified period of time.

Unit 03
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ARTICLE 9 - REDUCTION-IN-FORCE

A. All personnel actions under this Article shall be restricted to


members and positions of this bargaining unit and shall be confined to the
governmental jurisdiction in which the reduction-in-force occurs.

B. When there is an impending reduction-in-force because of lack of


work or funds, the appointing authority shall inform the respective Central
Personnel Agency and the Union, in writing, as soon as possible but in any
case at least ninety (90) calendar days before the impending reduction-in-force
will take place.

C. The Employer shall consult with the Union on its plans for the
reduction-in-force.

D. Waiver of Bumping Rights. The Employee affected by the


reduction-in-force may waive bumping rights, in writing to the Central
Personnel Agency, thereby limiting placement to vacant positions.

E. Retention Points for Regular Employees. In the event of a


reduction-in-force, the displacement or termination of services of an Employee
shall be based on the Employee's total continuous creditable service within the
Employee's applicable governmental jurisdiction but not excluding the
combined service time of classes of Employees whose functions are
transferred from one jurisdiction to another through action of the legislature.
Except for Employees who are laid off and rehired within one (1) year, service
prior to separation from service with the Employer is not creditable, in which
case, creditable service shall begin on the date of the Employee's return to
service. Retention points shall be computed on the basis of one (1) point for
each full month of employment in the applicable jurisdiction, including service
in another jurisdiction prior to any transfer of the Employee's position to the
applicable jurisdiction through legislative action. A fraction of a month of
service shall be used to break "ties." Retention points shall be computed up to
the day on which the work or funds terminate. Creditable service for purposes
of computing retention points shall include all authorized non-disciplinary
leaves of absence, however, suspensions (including unauthorized leave
charged in lieu of suspension) shall not constitute a break in continuous
service.

F. Conditions for Placement of Regular Employees.

1. The Employee must meet the minimum qualification requirements


of the class of the position in which the Employee is to be placed.

2. The Employee is a regular Employee of the jurisdiction.

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3. The Employee shall have priority for placement in the vacant
position to which the Employee is referred under the provisions of this Article.

4. The Employee shall be referred for placement in a position on the


basis of the Employee's indication of the geographic location(s) (island and
district) where the Employee is willing to be placed; the minimum pay range
not higher than that of the Employee's present position, that the Employee will
accept; and the type of appointment, regular and/or non-regular, that the
Employee will accept. The appointing authority shall provide the Union with a
listing of all vacant positions which meet the conditions under which the
Employee has indicated the Employee would be willing to accept.

5. The Employee shall be entitled to only one referral for placement


in a position which is in accordance with the terms the Employee specified as
provided for in (4) above. If the Employee should fail to accept the offer of
employment in the position, the Employee's services shall be terminated on
the abolishment date of the position or termination of funds or work, or the date
of displacement, and the Employee's name shall be placed on the recall list.

G. Bumping Procedures for Regular Employees with the Employing


Department. If the Employee cannot be placed in a vacant position, a
reduction-in-force will be effectuated. In the order of utilization outlined below,
the appointing authority shall provide the Union with a list of all positions and
their classification, the incumbents' names, and the incumbents' retention
points. Subject to the conditions set forth in (F) above, the following order
shall be observed in bumping and layoff of Employees.

1. Non-regular Employee who occupies a permanent position in the


same class when there is more than one such Employee, in the following
order: first, an Employee serving an emergency appointment; second,
temporary appointment outside the list; third, provisional appointment
Employee; fourth, a limited-term appointment Employee; and fifth, a
probational appointment Employee.

2. Regular Employee who occupies a position in the same class and


has the least retention points.

3. Non-regular Employee who occupies a permanent position in a


related class of the same pay range. When there is more than one (1) such
Employee, the order of bumping will be as provided in (1) above.

4. Regular Employee who occupies a position in a related class of


the same pay range and has the least retention points.

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5. Non-regular Employee who occupies a permanent position in a
class of a lower pay range in the same series. Where there is more than one
(1) such Employee, the order of bumping will be as provided in (1) above.

6. Regular Employee who occupies a position in a class of a lower


pay range in the same series and has the least retention points.

7. Non-regular Employee who occupies a permanent position in a


class of a lower pay range in a related series. Where there is more than one
(1) such Employee, the order of bumping will be as provided in (1) above.

8. Regular Employee who occupies a position in a class of a lower


pay range in a related series and has the least retention points.

When the Employee cannot be placed in another permanent position,


the same order of bumping may be repeated for temporary positions prior to
layoff. In the event that a regular Civil Service Employee has less than twenty-
four (24) retention points and cannot be placed in the Employee's department,
the appointing authority shall notify the affected Employee, the Union, and the
Central Personnel Agency in writing at least sixty (60) calendar days prior to
the layoff. The appointing authority shall also notify the Central Personnel
Agency in writing that a jurisdiction-wide reduction-in-force needs to be
effectuated provided that the Employee has at least twenty-four (24) retention
points and is a regular Civil Service Employee.

H. Jurisdiction-wide Reduction-in-Force for Regular Employees. A


jurisdiction-wide reduction-in-force action will be effectuated only for a regular
Civil Service Employee who has not been referred for placement or cannot be
placed in an appropriate position within the employing department and if the
Employee has regular or permanent Civil Service status with the jurisdiction
with at least twenty-four (24) retention points. A regular Employee with less
than twenty-four (24) retention points will have retention rights only within the
department in which the Employee is employed. The Employee affected by
reduction-in-force shall be referred for placement in another position on the
basis of Section F, Conditions for Placement of Regular Employees. In a
jurisdiction-wide reduction-in-force action, the order used shall be in
accordance with Section G, Bumping Procedures for Regular Employees
within the Employing Department. The Employer shall furnish the Union with
information similar to the information requirements of Sections F and G. When
a regular Employee cannot be placed in another position, the Central
Personnel Agency shall notify the Employee and the Union, at least sixty (60)
calendar days prior to the date the Employee's services will be terminated, and
the Employee's name will be placed on the appropriate recall list.

I. Placement of Laid Off Regular Employees on the Recall List. A


regular Employee who has been laid off shall have the Employee's name
Unit 03
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placed on the recall list for the class of work from which the Employee's
services were terminated and any related class at the same salary range for
which the Employee meets the minimum qualification requirements provided
there is no recall list for such related class. The Employee's eligibility may be
terminated for any of the following reasons:

1. The Employee is no longer able to perform satisfactorily the duties


of the class of work.

2. The Employee is appointed to a permanent position.

3. The Employee refuses two (2) offers of employment under the


conditions that the Employee had previously indicated the Employee would
accept.

4. The Employee fails to respond without good cause within ten (10)
days to a written inquiry sent to the last address the Employee provided.

5. The Employee is no longer available for employment.

6. The Employee fails to report to duty after the Employee's


appointment, without good cause, within the time prescribed by the appointing
authority.

A laid off Employee's eligibility may be terminated for other valid reasons
provided that if such an Employee's eligibility is so terminated, the Employee
shall have the right to challenge the validity in accordance with the provisions
of Article 11, Grievance Procedure.

J. Rank on the Recall List. Employees shall be ranked on the


appropriate recall list and shall be certified to vacancies on the basis of
retention points. The Employee with the highest retention points shall be
ranked number 1, the next higher, number 2, etc.

K. Laid off Employees on the recall list shall be given first preference
in the selection for vacancies over any other eligible lists. The laid off
Employee with the highest retention points from the appropriate recall list shall
be certified first. Certification of the next highest laid off Employee and
subsequent eligibles shall be made only upon the refusal of the position by the
higher laid off Employee or should such laid off Employee not be appointed for
good cause.

L. The Employer upon request of the Union shall provide the Union,
once annually, with copies of current recall lists showing the names of the
regular Employees laid off, the departments in which they were last employed,
and their total creditable service at the time of their layoff.
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M. The time limits for notices contained herein shall not apply to the
elimination of a Federally funded position where the Employer has insufficient
notice by the Federal government to meet the time requirements.

ARTICLE 10 - TECHNOLOGICAL CHANGES

A. The Employer and the Union recognize that changes in operations


resulting from technological innovations may occur. When such changes
occur, the Employer shall give first consideration to the utilization of affected
Employees in the changed operations. In the event the affected Employees do
not possess the requisite skills or knowledge to perform the required work in
the new operation and such skills and knowledge can be acquired within a
reasonable length of time, the Employer shall provide the necessary training to
Employees during working hours and at the Employer's expense.

B. If the job of any Employee is eliminated because of the


implementation of new technological innovations, the Employer shall, in the
following order of priority:
1) place the Employee in a position comparable in level to the Employee's
original position; 2) place the Employee in a lower level position, provided that
the Employee shall retain the Employee's existing rate of compensation so
long as the Employee remains in the position, or 3) follow the procedure under
Article 9, Reduction-In-Force.

C. Any Employee affected by this Article shall be required to meet the


minimum qualification requirements for the class in which the Employee may
be placed.

ARTICLE 11 - GRIEVANCE PROCEDURE

A. Any complaint by an Employee or the Union concerning the


application and interpretation of this Agreement shall be subject to the grievance
procedure. Any relevant information specifically identified by the grievant or the
Union in the possession of the Employer and needed by the grievant or the
Union to investigate and process a grievance, shall be provided to them upon
request within seven (7) working days. The grievance shall be presented to the
appropriate supervisor within twenty (20) working days after the occurrence of
the alleged violation, or if it concerns an alleged continuing violation, then it must
be filed within twenty (20) working days after the alleged violation first became
known or should have become known to the Employee involved, except that in
the case of an alleged payroll computational error, such allegation shall be
presented to the department head or the department head’s designee in writing
within twenty (20) working days after the alleged error is discovered by the
Employee, or the grievance may not be considered.

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B. An individual Employee may present a grievance to the Employee's
immediate supervisor and have the Employee's grievance heard without
intervention of the Union, provided the Union has been afforded an opportunity
to be present at the conference(s) on the grievance. Any adjustment made shall
not be inconsistent with the terms of this Agreement. By mutual consent of the
Union and the Employer, any time limits within each step may be extended.

C. Informal Step. A grievance shall, whenever possible, be discussed


informally between the Employee and the Employee’s immediate supervisor
within the twenty (20) working day limitation provided for in paragraph “A” above.
In such an event the Employee shall identify the discussion as an informal step
grievance. The grievant may be assisted by the grievant’s Union
representative. The immediate supervisor shall reply within seven (7) working
days. In the event the Employer does not respond within the time limits
prescribed herein, the Union may pursue the grievance to the next step.

D. Step 1. If the grievant is not satisfied with the result of the informal
conference, the grievant or the Union may submit a written statement of the
grievance within seven (7) working days after receiving the answers to the
informal complaint to the department head or department head’s designee; or if
the immediate supervisor does not reply to the informal complaint within seven
(7) working days, the Employee or the Union may submit a written statement of
the grievance to the department head or department head’s designee within
fourteen (14) working days from the initial submission of the informal complaint;
or if the grievance was not discussed informally between the Employee and the
Employee’s immediate supervisor, the Employee or the Union may submit a
written statement of the grievance to the department head or department head’s
designee within the twenty (20) working day limitation provided for in paragraph
“A” above.

A meeting shall be held between the grievant and a Union representative


with the department head or department head’s designee within seven (7)
working days after the written grievance is received. Either side may present
witnesses. The department head or the department head’s designee shall
submit a written answer to the grievant or the Union within seven (7) working
days after the meeting.

E. Step 2. If the grievance is not satisfactorily resolved at Step 1, the


grievant or the Union may appeal the grievance in writing to the Employer or the
Employer’s designee within seven (7) working days after receiving the written
answer. The Employer or the Employer’s designee need not consider any
grievance in Step 2 which encompasses different alleged violations or charges
than those presented in Step 1. A meeting to discuss the grievance shall be
held within seven (7) working days after receipt of the appeal. The Employer or
the Employer’s designee shall reply in writing to the grievant or the Union within
seven (7) working days after the meeting.
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F. If the Union has a class grievance involving Employees within a
department, it may submit the grievance in writing to the department head or the
department head’s designee. Time limits shall be the same as in individual
grievances and the procedures for appeal of the unsatisfactory answer shall be
the same as in Step 1.

If the Union has a class grievance involving Employees from more than
one department, it may submit the grievance in writing to the Employer or the
Employer’s designee. Time limits shall be the same as in individual grievances
and the procedures for appeal of the unsatisfactory answer shall be the same as
in Step 2.

G. Step 3. Arbitration. If the grievance is not resolved at Step 2 and


the Union desires to proceed with arbitration, it shall serve written notice on the
Employer or the Employer’s representative of its desire to arbitrate within ten
(10) working days after receipt of the Employer's decision at Step 2.
Representatives of the parties shall attempt to select an Arbitrator immediately
thereafter. If agreement on an Arbitrator is not reached within ten (10) working
days after the notice for arbitration is submitted, either party may request the
Hawai`i Labor Relations Board to submit a list of five (5) Arbitrators. Selection of
an Arbitrator shall be made by each party alternately deleting one (1) name at a
time from the list. The first party to delete a name shall be determined by lot.
The person whose name remains on the list shall be designated the Arbitrator.
No grievance may be arbitrated unless it involves an alleged violation of a
specific term or provision of the Agreement.

If the Employer disputes the arbitrability of any grievance, the Arbitrator


shall first determine whether the Arbitrator has jurisdiction to act; and if the
Arbitrator finds that the Arbitrator has no such power, the grievance shall be
referred back to the parties without decision or recommendation on its merits.

The Arbitrator shall render an award in writing no later than thirty (30)
calendar days after the conclusion of the hearings or if oral hearings are waived
then thirty (30) calendar days from the date statements and proofs were
submitted to the Arbitrator. The decision of the Arbitrator shall be final and
binding upon the Union, its members, the Employees involved in the grievance
and the Employer. There shall be no appeal from the Arbitrator's decision by
either party, if such decision is within the scope of the Arbitrator's authority as
described below:

1. The Arbitrator shall not have the power to add to, subtract from,
disregard, alter, or modify any of the terms of this Agreement.

2. The Arbitrator's power shall be limited to deciding whether the


Employer has violated any of the terms of this Agreement.
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3. The Arbitrator shall not consider any alleged violations or charges
other than those presented in Step 2.

4. In any case of suspension or discharge where the Arbitrator finds


such suspension or discharge was improper, the Arbitrator may set aside,
reduce or modify the action taken by the Employer. If the penalty is set aside,
reduced or otherwise changed, the Arbitrator may award back pay to
compensate the Employee, wholly or partially, for any wages lost because of the
penalty.

The fees of the Arbitrator, the cost of transcription, and other necessary
general costs, shall be shared equally by the Employer and the Union. Each
party will pay the cost of presenting its own case and the cost of any transcript
that it requests.

ARTICLE 11A – GRIEVANCES RELATED TO ADVERSE ACTION FOR


FAILURE TO MEET PERFORMANCE REQUIREMENTS

A. Any complaint by an Employee or the Union concerning or relating


to an adverse action taken by the Employer for the Employee’s failure to meet
performance requirements of the Employee’s position shall be subject to the
grievance procedure under this Article. Within seven (7) working days of a
written request by the Employee or Union, the Employer shall provide any
relevant information in its possession that has been specifically identified, and
that is needed to investigate or process a grievance. The grievance shall be
presented to the appropriate supervisor within twenty (20) working days after
the date of the notice of the adverse action for failure to meet performance
requirements or the grievance may not be considered.

B. As used in this Article, “Employee” means:

1. A civil service Employee, as defined by §76-11, HRS, is an


Employee who has met all requirements for membership in civil service under
§76-27 which provides that an Employee must successfully complete an initial
probationary period as a part of the examination process to determine the
Employee’s fitness and ability for the position; or

2. An exempt Employee in the State of Hawaii or an exempt


Employee in the City and County of Honolulu in bargaining unit 3 who is
subject to Article 8 – Discipline.

C. As used in this Article, an “adverse action for failure to meet


performance requirements” means an involuntary demotion, involuntary
transfer, discharge, termination, an involuntary reduction in pay resulting from
the reassignment of a position to another pay range or class, or an adjustment
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to an Employee’s step movement date as the result of the Employee’s failure
to meet the performance requirements of the Employee’s position.

D. An Employee may present a grievance on an adverse action for


failure to meet performance requirements and have the grievance heard
without intervention of the Union, up to and including Step 2, provided the
Union has been afforded an opportunity to be present at the conference(s) on
the grievance. Any adjustment made shall not be inconsistent with the terms
of this Agreement. Any time limits set forth in this Article may be extended by
mutual consent between the Employee or the Union and the Employer.

E. Informal Step. A grievance shall, whenever possible, be


discussed informally between the Employee and the immediate supervisor
within the twenty (20) working day limitation provided for in paragraph A.
above. In such event, the Employee shall identify the discussion as a
grievance at the informal step. The Employee may be assisted by a Union
representative. The immediate supervisor shall reply within seven (7) working
days. In the event the immediate supervisor does not respond within the time
limits prescribed herein, the Employee or the Union may pursue the grievance
to the next step.

F. Step 1. If the Employee is not satisfied with the result of the


informal conference, the Employee or the Union may submit a written
statement of the grievance to the department head or department head’s
designee within seven (7) working days after receiving the answer to the
informal complaint; or if the immediate supervisor does not reply to the
informal complaint within seven (7) working days, the Employee or the Union
may submit a written statement of the grievance to the department head or
department head’s designee within fourteen (14) working days from the initial
submission of the informal complaint; or if the grievance was not discussed
informally between the Employee and the immediate supervisor, the Employee
or the Union may submit a written statement of the grievance to the
department head or department head’s designee within the twenty (20)
working days of the date of notification of the adverse action as specified in
paragraph A above.

A meeting shall be held by the Employee and a Union representative


with the department head or the department head’s designee within seven (7)
working days after the written grievance is received. The department head or
designee shall submit a written answer to the Employee or the Union within
seven (7) working days after the meeting.

The department head or department head’s designee shall use the


conditions prescribed in §76-41(b), HRS, in reaching a decision, provided that
only conditions 1 through 6 shall be used in reaching a decision for an adverse
action for failure to meet performance requirements concerning a covered
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exempt Employee.

G. Step 2. If the grievance is not satisfactorily resolved at Step 1, the


Employee or the Union may appeal the grievance in writing to the Employer or
the Employer’s designee within seven (7) working days after receiving the
written answer. The Employer or Employer’s designee need not consider any
grievance at Step 2 which encompasses different alleged violations or charges
than those presented at Step 1. A meeting to discuss the grievance shall be
held within seven (7) working days after receipt of the appeal. The Employer
or the Employer’s designee shall reply in writing to the Employee or the Union
within seven (7) working days after the meeting.

The Employer or Employer’s designee shall use the conditions


prescribed in §76-41(b), HRS, in reaching a decision provided that only
conditions 1 through 6 shall be used in reaching a decision for an adverse
action for failure to meet performance requirements concerning a covered
exempt Employee.

H. Step 3. Performance Judge. If the grievance is not satisfactorily


resolved at Step 2, and the Union desires to proceed to the Performance
Judge, it shall serve written notice on the Employer or the Employer’s
representative of its desire to proceed to the Performance Judge within ten
(10) working days after receipt of the Employer’s decision at Step 2.

1. Each Employer jurisdiction and the Union shall jointly establish a


performance judge list consisting of a mutually agreed upon number of
persons, not less than four (4) but no more than ten (10) to serve as
Performance Judges for the duration of the collective bargaining agreement.
The parties may, by mutual agreement, modify the Performance Judge list at
any time. In the event the parties fail to establish a Performance Judge list by
mutual agreement, the Performance Judge list shall be established as follows:

a. The parties shall each submit the names of persons eligible


to serve as Performance Judges. The parties shall submit no more than
the mutually agreed upon number of names. For example, if the number
of persons mutually agreed to is six (6), then each party shall submit no
more than six (6) names.

b. A name that appears on both parties’ lists shall automatically


be placed on the final list of names.

c. The parties shall determine, by lot, which party shall have


first choice in deleting a name from the remaining list.

d. Each party shall strike names from the list of names on an


alternating basis until the agreed upon number of names remains. The
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remaining names shall be designated the Performance Judge list.

2. The parties shall select a Performance Judge within fourteen (14)


calendar days after notice is received from the Union that it is proceeding to
Step 3. If the parties are unable to select a Performance Judge by mutual
agreement, the selection shall be made as follows:

a. The parties shall delete names from the established list by


striking names on an alternating basis until one name remains.

b. The parties shall, by lot, determine who shall have the first
choice in deleting a name from the list of Performance Judges.

c. The individual whose name remains on the list after the


striking out process shall be designated as the Performance Judge.

3. If the Employer disputes the Performance Judge’s jurisdiction over


the grievance, the Performance Judge shall first determine whether the
Performance Judge has jurisdiction to act; and if the Performance Judge finds
that the Performance Judge has no such power, the grievance shall be
referred back to the parties without decision or recommendation on its merits.

4. The Performance Judge shall render a decision no later than thirty


(30) calendar days after the conclusion of the hearings, or if oral hearings are
waived then thirty (30) calendar days from the date written arguments
submitted by the parties were received by the Performance Judge. The
decision of the Performance Judge shall be final and binding, and there shall
be no appeal of the Performance Judge’s decision by either party, provided the
decision is within the scope of the Performance Judge’s authority as described
below:

a. The Performance Judge shall not have the power to add to,
subtract from, disregard, alter, or modify any of the terms of this
Agreement.

b. Pursuant to §76-41(c), HRS, the Performance Judge shall


use the conditions in §76-41(b), HRS, as tests in reaching a decision on
whether the Employer’s action, based on a failure by the Employee to
meet the performance requirements of the Employee’s position, was
with or without merit provided that only conditions 1 through 6 shall be
used in reaching a decision for an adverse action for failure to meet
performance requirements concerning a covered exempt Employee.

c. The Performance Judge shall not consider any alleged


violations or charges other than those presented in Step 2.
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d. In the case of an adverse action for failure to meet
performance requirements where the Performance Judge finds such
adverse action was improper, the Performance Judge may set aside or
modify the action taken by the Employer. If the adverse action is set
aside or otherwise changed, the Performance Judge may award back
pay to compensate the Employee, wholly or partially, for any wages lost
because of the penalty.

e. If it is alleged by the Union that the adverse action was not


due to a failure to meet performance requirements but for disciplinary
reasons without just and proper cause, the Performance Judge shall first
proceed with a determination on the merits of the Employer’s action
under subsection §89-10.8 (c), HRS. If the Performance Judge
determines that the adverse action may be based on reasons other than
a failure to meet performance requirements, the Performance Judge
shall then determine, based on appropriate standards of review, whether
the disciplinary action was with or without proper cause and render a
final and binding decision.

4. The fees of the Performance Judge, the cost of transcription, and


other necessary general costs, shall be shared equally by the Employer and
the Union. Each party will pay the cost of presenting its own case and the cost
of any transcript that it requests.

ARTICLE 12 - TEMPORARY ASSIGNMENTS

A. A temporary assignment shall mean the assignment by a


competent authority and the assumption, without a formal change in position
assignment, of the significant duties and responsibilities of another position
due to:

1. The incumbent of the position not being able to perform the duties
of the position,

2. The incumbent of the position also serving on a temporary


assignment and the department head certifies that the need for the services is
immediate, essential, and in the best interest of the public, or

3. A vacancy that cannot be filled temporarily or permanently by a


non-competitive promotion, a provisional appointment from within or outside
the service, a transfer or a movement of another Employee and that the
department head certifies that the immediate rendition of services is essential
and in the best interest of the public and that such temporary assignment shall
not exceed one hundred twenty (120) working days; provided however, upon

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consultation with the Union a temporary assignment may be extended up to an
additional sixty (60) working days.

B. When Employees are being considered for a temporary


assignment to a position in a higher class, priority shall be given to Employees
within the work place who are in the class immediately below the class of the
temporary assignment, provided such Employees are capable of satisfactorily
performing such assignment. If there is no such Employee in the next lower
class in the same series, then to related series in descending order. In the
event there is no capable Employee available in the work place, the above
order of priority shall be accorded to Employees within the division. In the
course of selecting an Employee for temporary assignment consideration shall
be given to an Employee's continuous length of service in the class within the
jurisdiction. For purposes of this Article, work place shall be defined as that
organizational segment which contains the position to which a temporary
assignment is to be made, including its subordinate organizational segment.
In the event an Employee with greater class seniority is not selected for the
temporary assignment, the Employee shall, upon request, be given a written
statement of the reason for non-selection.

C. The Employer shall compensate Employees for temporary


assignments within thirty (30) days (approximately two pay periods) from the
end of each payroll period in which the temporary assignments are performed.

D. Whenever an Employee performs a temporary assignment, the


Employer shall provide the Employee with a record of the temporary
assignment as evidence of such service for the Employee's personal use and
file. Applicable temporary assignment experience may be claimed by an
Employee when applying for promotions.

ARTICLE 13 - PROMOTIONS

A. Seniority shall mean an Employee's continuous length of


creditable government service in the State and County jurisdictions. Seniority
shall not apply to an Employee until the Employee has completed the initial
probationary period. Upon satisfactory completion of the Employee's initial
probationary period, the Employee shall be credited with seniority from the
date of hire.

All authorized leaves without pay shall not constitute a break in service
and shall be creditable from computing total continuous length of service. If an
Employee's service is involuntarily terminated in good standing and the
Employee returns to the governmental jurisdiction which the Employee left
within one year, the break in service shall be disregarded, but shall not be
considered as creditable service.

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B. When making promotions, Civil Service statutes, rules,
regulations, and procedures governing promotions which exist on the effective
date of this Agreement shall be applied, except as modified below.

1. For competitive promotions, the existing policies on


announcement shall remain in effect. For non-competitive promotions, all
notices to fill authorized vacancies shall be posted on appropriate bulletin
boards for at least ten (10) calendar days prior to the closing date for receipt of
applications. If the Employer does not post the notice for the specified number
of days as provided in this section, the Employee shall be entitled to submit a
late application;

2. With respect to tests and/or examinations used in selecting


Employees for promotions, the Employer assures the Union that continuing
efforts will be made to use tests and/or examinations that directly relate to the
skills, abilities, and qualifications required for the class;

3. An Employee selected for promotion must meet the minimum


qualifications;

4. Other factors being relatively equal, seniority shall prevail;

5. In the event an Employee with the greatest seniority applies and


qualifies for a promotion and is denied the promotion, if the Employee so
requests, the Employee shall be given a written statement of the reasons for
denial;

6. Notice of selection shall be posted on the appropriate bulletin


board where the vacancy existed;

7. When making promotions, the Employer shall consider the


following order of priority:

a. In the case of the respective County jurisdictions:

1) Employees within the division where the vacancy


occurs;

2) Employees within the department where the vacancy


occurs;

3) Employees within the respective jurisdiction.

b. In the case of the State jurisdiction:

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1) Employees within a division on the island where the
vacancy occurs;

2) Employees within the department on the island where


the vacancy occurs;

3) Employees within the division (statewide) where the


vacancy occurs;

4) Employees within the department (statewide) where


the vacancy occurs;

5) Employees within the jurisdiction on the island where


the vacancy occurs;

6) Employees within the jurisdiction (statewide).

(Note: The island of Maui includes the islands of Moloka`i,


including Kalaupapa and Lāna`i.)

ARTICLE 14 - COMPENSATION ADJUSTMENT

A. General Provisions.

1. For purpose of clarification, the provisions of this Article shall not


be applicable where an Employee moves from one (1) governmental
jurisdiction to another, except as specifically provided herein.

2. For purposes of this Article, "basic rate of pay" means the rate of
pay assigned to the salary range and step an Employee is receiving as
compensation. For an Employee whose position is not assigned to the salary
range, "basic rate of pay" shall mean the actual rate of compensation an
Employee is receiving as remuneration for services performed in a particular
position, not including any differentials.

3. When the effective dates of more than one (1) personnel action
coincide, pay adjustments shall be made in the following order:

a. Step movement;

b. Negotiated wage increase;

c. Changeover to a new pay schedule;

d. Repricing;

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e. Promotion;

f. Reallocation;

g. Other personnel actions.

4. A leave of absence without pay shall end upon the day before the
first working day an Employee properly reports for duty, and an Employee shall
be entitled to receive compensation as of the first working day the Employee
properly reports for duty. Each calendar day from the beginning to the end of
an Employee's leave of absence without pay shall be charged as leave without
pay provided that an Employee who is granted a leave of absence without pay
and who returns to duty after being absent from work for only one (1) working
day or less, shall be charged for one (1) day of leave of absence without pay or
less, as applicable, even though one (1) or more scheduled or normal non-
working days or a holiday may have preceded the Employee's return to duty.

5. An Employee who leaves the service without having worked on all


scheduled working days for that month shall be compensated pursuant to the
following formula: Employee's monthly basic rate of pay plus TD, CD, SD, RD,
or SAD as applicable x (number of days worked/number of working days in a
month, including holidays).

6. An Employee who suffers a disabling personal injury arising out of


and in the course of employment, except for an injury caused by the
Employee's negligence, willful intention to injure the Employee or others, or by
the Employee's intoxication or because of the influence of a non-prescribed
controlled substance, shall be credited for a full day's work on the day of the
injury regardless of the time the Employee is injured.

7. An Employee who initially was properly compensated following a


promotion, the adoption of a new pay schedule, a temporary assignment,
pricing or repricing, or any other personnel action affecting pay, shall not be
required to make reimbursement when it is found subsequently that an
overpayment in salary occurred due to the retroactive feature of a position
classification action. However, the proper pay adjustment shall be made as of
the first pay period following the date of notice of action by the director.

8. Employees who are receiving a shortage differential shall have


their compensation adjusted by provisions contained in a separate
supplemental agreement.

B. Compensation Adjustment Upon Promotion.

1. As used in this paragraph, "promotion" means the movement of a


regular Employee from the position in which the Employee last held a
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permanent appointment to a vacant civil service position assigned to a class
with a higher pay range in the salary schedule.

2. A regular Employee who is promoted shall be compensated as


follows:

a. For promotions involving a movement of three (3) or less


pay ranges, the Employee shall be compensated at the corresponding
step in the higher salary range.

b. For promotions involving a movement of more than three (3)


pay ranges, the Employee shall be compensated at the step in the
higher salary range which is equal to the rate for promotions involving
three (3) pay ranges. If such rate falls below the minimum step, the
Employee shall be compensated at the minimum step of the higher pay
range.

3. Regular Employees who return to their permanent positions after a


promotion on a temporary appointment basis or are released from a new
probational appointment following a promotion shall be compensated as
though they had remained in their permanent positions continuously.

C. Compensation Adjustment Upon Demotion.

1. The following definitions shall be applicable to this paragraph:

a. "Demotion" means the movement of a regular Employee


from the position in which the Employee last held a permanent
appointment to a vacant civil service position assigned to a class with a
lower pay range in the salary schedule.

b. "Demotion due to a reorganization" means a demotion of an


Employee as a result of a reorganization action.

c. "Demotion to avoid layoff" means a demotion accepted by


an Employee to avoid being laid off.

d. "Disciplinary demotion" means a demotion action taken by


the appointing authority for disciplinary reasons.

e. "Involuntary demotion" means a demotion action taken by


the appointing authority due to the Employee's inability to perform the
duties and responsibilities of the Employee's position, or due to the
Employee's failure to meet qualification requirements for the position.

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f. "Non-service connected disability demotion" means the
movement of an Employee to a vacant civil service position assigned to
a class with a lower pay range in the salary schedule, due to a disability
sustained by the Employee other than while performing the duties and
responsibilities of the Employee's position.

g. "Service connected disability demotion" means the


movement of a regular Employee or an Employee serving an initial
probationary period to a vacant civil service position assigned to a class
with a lower pay range in the salary schedule, due to a disability
sustained by the Employee while performing the duties and
responsibilities of the Employee's position.

h. "Voluntary demotion" means a demotion requested by an


Employee and granted by the appointing authority.

2. Disciplinary or Involuntary Demotion.

a. A regular Employee who is involuntarily demoted or who is


demoted for disciplinary reasons shall be compensated at the
corresponding step in the lower salary range or any lower step in the
lower salary range.

b. Upon release from a disciplinary demotion given on a


temporary basis, a regular Employee shall be compensated as though
the Employee had remained in the former position continuously.

3. Demotion to Avoid Layoff; Demotion Due to Reorganization;


Service Connected Disability Demotion.

An Employee who accepts a demotion to avoid layoff; or is demoted due


to a reorganization; or who receives a service connected disability demotion,
shall retain the Employee's basic rate of pay; provided:

a. If the Employee's basic rate of pay falls between two (2)


steps in the lower pay range, the Employee shall be compensated at the
step in the lower pay range whose rate is immediately below the
Employee's basic rate of pay and shall be entitled to a temporary
differential.

b. If the Employee's basic rate of pay falls above the maximum


step in the lower pay range, the Employee shall be compensated at the
maximum step and shall be entitled to a temporary differential.

4. Non-Service Connected Disability Demotion.

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An Employee who receives a non-service connected disability demotion
shall be compensated as provided below:

a. A regular Employee who has fifteen (15) or more years of


continuous service in the civil service of the Employee's governmental
jurisdiction shall retain the Employee's basic rate of pay; provided that:

1) If the Employee's basic rate of pay falls between two


(2) steps in the lower pay range, the Employee shall be
compensated at the step in the lower pay range whose rate is
immediately below the Employee's basic rate of pay and shall be
entitled to a temporary differential.

2) If the Employee's basic rate of pay falls above the


maximum step in the lower pay range, the Employee shall be
compensated at the maximum step and shall be entitled to a
temporary differential.

b. A regular Employee with at least five (5) years but less than
fifteen (15) years of continuous service in the civil service of the
Employee's governmental jurisdiction shall retain the Employee's basic
rate of pay for a period beyond the effective date of the demotion as
follows:

Years of Service Months of Compensation Retention

5 12
6 14
7 16
8 18
9 20
10 22
11 24
12 26
13 28
14 30

1) If the Employee's basic rate of pay falls between two


(2) steps in the lower pay range, the Employee shall be
compensated at the step in the lower pay range whose rate is
immediately below the Employee's basic rate of pay and shall be
entitled to a temporary differential.

2) If the Employee's basic rate of pay falls above the


maximum step in the lower pay range, the Employee shall be

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compensated at the maximum step and shall be entitled to a
temporary differential.

c. The basic rate of pay of a regular Employee with less than


five (5) years of continuous service in the civil service of the Employee's
governmental jurisdiction, or a regular Employee whose retention period
as prescribed in clause b., has expired, shall be adjusted in the manner
of adjustments for service connected disability demotion, provided the
Employee shall not be entitled to temporary differential.

5. Voluntary Demotion.

a. A regular Employee who accepts a voluntary demotion shall


be compensated as follows:

1) For voluntary demotions involving a movement of


three (3) or less pay ranges, the Employee shall be compensated
at the corresponding step in the lower pay range.

2) For voluntary demotions involving a movement of


more than three (3) pay ranges, the Employee shall be
compensated at the step in the lower pay range which is equal to
the rate for voluntary demotions involving three (3) pay ranges. If
such rate falls above the maximum step in the lower pay range,
the Employee shall be compensated at the maximum step of the
lower pay range.

b. Upon return to the position in which an Employee last held a


permanent appointment, a regular Employee who is demoted on a
temporary appointment basis or who is released from a new probational
appointment following a demotion shall be compensated as though the
Employee had remained in the former position continuously.

D. Compensation Adjustment Upon Transfer.

1. "Transfer" means the movement of a regular Employee from the


position in which the Employee last held a permanent appointment to a vacant
civil service position which is in the same class or in a different class assigned
to the same pay range in the salary schedule.

2. A regular Employee who is transferred shall continue at the same


basic rate of pay.

E. Compensation Adjustment Upon Reallocation.

1. The following definitions shall be applicable to this paragraph:


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a. "Reallocation downward" means the reallocation of a
position to a class assigned to a lower pay range in the salary schedule.

b. "Reallocation upward" means the reallocation of a position


to a class assigned to a higher pay range in the salary schedule.

2. Compensation following reallocation upwards shall be adjusted in


the manner as adjustments for promotion.

3. Compensation adjustment for a reallocation downwards shall be in


the manner prescribed in paragraph C.3. However, when downward
reallocations are due to disciplinary, involuntary, or voluntary reasons, the
Employee's basic rate of pay shall be adjusted in the manner as adjustments
for disciplinary, involuntary, or voluntary demotions, as applicable.

4. Compensation following reallocation of a position in a class to the


same pay range shall be adjusted in the manner of adjustments for transfer.

5. Upon return to the original classification of the Employee’s position


after a temporary reallocation upward, the Employee shall be compensated at
the rate the Employee would have received were it not for the temporary
reallocation.

F. Compensation Adjustment Upon Repricing.

1. The basic rate of pay of an Employee whose position is in a class


which is repriced to a higher pay range shall be adjusted in the manner as
adjustments for promotion.

2. The basic rate of pay of an Employee whose position is in a class


which is repriced to a lower pay range shall be adjusted in the manner as
adjustments are prescribed in paragraph C.3.

G. Compensation of Employees Selected from an Open Competitive


List Resulting from a Recruitment Above the Minimum.

Notwithstanding any paragraph in this Article, Employees selected


through an open competitive recruitment which permits hiring above the first
step may be compensated at a rate determined by the Employer upon their
appointment from the open competitive list; provided that the amount the
Employee will receive is not less than the amount the Employee would have
received if the Employees were compensated in accordance with the
applicable paragraph.

H. Compensation for Temporary Assignment Performed.


Unit 03
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Compensation for temporary assignment shall be as follows:

1. Except as provided in subparagraph 6., the basic rate of an


Employee who performs temporary assignment involving a position assigned
to a class in a higher pay range in the salary schedule shall be adjusted in the
manner as adjustments for promotion except that any temporary differential
which the Employee was receiving shall not be added to the basic rate of pay
but shall be retained by the Employee while performing the temporary
assignment.

2. An Employee who performs a temporary assignment involving a


position assigned to the same or lower pay range in the salary schedule shall
continue to be compensated at the Employee's basic rate of pay prior to the
temporary assignment.

3. Whenever a temporary assignment involves the assumption of


duties and responsibilities of an exempt position not assigned to a salary range
(regardless of whether the exempt position is within the bargaining unit or
outside of the bargaining unit), Employees will be compensated at the
prescribed statutory rate of pay if such rate is higher than the Employee's
existing basic rate of pay. If there is no prescribed statutory rate, the
appointing authority may exercise discretion in setting compensation for
temporary assignment; provided, the compensation shall be no less than the
Employee's basic rate of pay.

4. Whenever a temporary assignment is made for an exempt


Employee whose position is not assigned to the salary schedule, and whose
temporary assignment involves the assumption of the significant duties and
responsibilities of a position assigned to a salary schedule outside of the
bargaining unit, the following will be used to determine whether the
assignment is to a higher pay range:

The maximum rate for the class to which temporary assignment is made
is higher than the Employee's existing rate; provided, the dollar difference
between the two (2) is more than five percent (5%) of the Employee's existing
basic rate of pay.

If the temporary assignment is to a position in a higher pay range, as


determined above, the Employee will be compensated at that step in the
higher pay range which exceeds the Employee's existing rate by five percent
(5%). If there is no step in the higher pay range which rate exceeds the
Employee's basic rate of pay by at least five percent (5%), the Employee shall
be compensated at the maximum step in the higher pay range or at the
Employee's basic rate of compensation, whichever is greater.

Unit 03
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If the temporary assignment does not involve a higher pay range as
determined above, the Employee shall be compensated pursuant to
subparagraph 2.

5. Whenever a temporary assignment involves the assumption of the


duties and responsibilities of a position in the Excluded Managerial
Compensation Plan (EMCP), such assignment shall be compensated in
accordance with the provisions that are applicable to Excluded Managerial
(EM) Employees.

If the temporary assignment does not involve a higher pay range as


determined above, the Employee shall be compensated pursuant to
subparagraph 2.

6. Compensation adjustments shall not be provided for the following:

a. An Employee whose position includes assuming the duties


and responsibilities of the Employee's superior in the absence of the
superior and which assignment is recognized in the Employee's position
classification and pricing.

b. An Employee who performs duties in accordance with the


terms of a formal training agreement entered into with the Employee's
department head and approved by the director.

I. Temporary Differential Pay.

1. An Employee shall be eligible for temporary differential pay as may


be provided in this Article. The amount of TD pay shall be the difference
between the Employee's basic rate of pay prior to the action taken and the
Employee's new basic rate of pay.

2. The TD pay shall not be considered part of an Employee's basic


rate of pay.

3. The TD pay shall be reduced by an amount equal to any


adjustment in the Employee's basic rate of pay due to promotion, upward
reallocation, or repricing upward actions. When the adjustment due to these
actions is greater than or equal to the TD pay, the TD pay shall be terminated.

4. When an Employee with TD pay is demoted or transferred, or


whose position is reallocated to a class in the same or lower pay range, the TD
shall be continued in the new pay range.

J. Compensation Adjustment for Non-Regular Employees.

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1. Movements of non-regular Employees to other civil service
positions shall not be classified as promotions, transfers, or demotions, but
shall be considered as new appointments and compensation adjustments
upon these new appointments shall be as prescribed in this paragraph.

2. A non-regular Employee who is moved from the position in which


the Employee was serving a probational appointment to another position
assigned to the same salary range shall continue at the same basic rate of
pay.

3. A non-regular Employee who is moved from the position in which


the Employee was serving a temporary appointment to another position in the
same salary range and salary schedule and in the same department shall
continue at the same basic rate of pay.

4. Non-regular Employees serving temporary appointments who are


converted to initial probational or permanent appointments in the same
positions that the Employees were serving temporary appointments will
continue to receive the same basic rate of pay they were receiving while
serving temporary appointment.

5. The compensation of a non-regular Employee after a personnel


transaction other than as described in subparagraphs 2, 3, and 4, shall be at
the initial step of the salary range.

K. Compensation Adjustment for Exempt Employees Accepting Civil


Service Appointments, or Whose Exempt Positions are Converted to Civil
Service Positions.

1. Exempt Employees who move to civil service positions or who are


granted civil service status pursuant to legislation shall not have the
transaction considered as promotions, transfers, or demotions. Such
transactions shall be considered new appointments and pay adjustments upon
these new appointments shall be as prescribed in this paragraph.

2. An exempt Employee who is granted civil service status pursuant


to legislation shall retain the basic rate of pay the Employee was receiving
immediately prior to being granted civil service status; provided:

a. If the Employee's rate of pay falls between two (2) steps in


the salary schedule, the Employee shall be compensated at the lower
step.

b. If the Employee's rate of pay falls below the minimum step


of the salary schedule, the Employee shall be compensated at the
minimum step.
Unit 03
30
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c. If the Employee's rate of pay falls above the maximum step
of the salary schedule, the Employee shall be compensated at the
maximum step.

3. Exempt Employees selected from an open competitive list to civil


service positions other than as described in subparagraph 1., shall be
compensated at the initial step of the salary range.

L. Compensation Adjustment for Employees Moving to Exempt


Appointments.

Movements of Employees to exempt positions shall not be classified as


promotions, transfers, or demotions, but shall be considered as new
appointments and compensation adjustments upon these new appointments
shall be as follows:

1. The Employee shall be compensated at the prescribed statutory


rate for the exempt position; or,

2. If there is no prescribed statutory rate, then the rate determined by


the appointing authority.

M. Compensation Adjustments for Regular Employees Serving


Limited Term Appointments, Temporary Appointments, or New Probational
Appointments, in Another Position.

1. Regular Employees serving limited term appointments, temporary


appointments, or new probational appointments, who are promoted,
transferred, or demoted, or whose permanent position is reallocated or
repriced shall have their compensation adjusted from their permanent
positions pursuant to paragraphs B, C, D, E, or F, as applicable, except as
follows:

a. An Employee who is moved from the position in which the


Employee was serving a probational appointment to another position
assigned to the same salary range shall continue at the same basic rate
of pay.

b. An Employee who is moved from the position in which the


Employee was serving a temporary appointment to another position in
the same class and in the same department shall continue at the same
basic rate of pay.

2. Regular Employees serving limited term or other temporary


appointments who are converted to probational or permanent appointments in
Unit 03
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the same positions that they were serving on a limited term or other temporary
appointment basis shall continue to receive the same basic rate of pay they
were receiving while serving the limited term or temporary appointment.

N. Compensation Adjustments Following an Intergovernmental


Movement Made Pursuant to Law.

When an intergovernmental movement has been made pursuant to law,


the compensation of the regular Employee involved shall be adjusted as
follows:

1. If the result of the intergovernmental movement is that the


Employee moves to a position assigned to a class with a higher pay range in
the salary schedule than the previous pay range, the Employee's
compensation shall be adjusted in the manner as adjustments for promotion.

2. If the result of the intergovernmental movement is that the


Employee moves to a position assigned to a class with the same pay range in
the salary schedule as the previous pay range, the Employee's compensation
shall be adjusted in the manner of adjustments for transfer.

3. If the result of the intergovernmental movement is that the


Employee moves to a position assigned to a class with a lower pay range in
the salary schedule than the previous pay range, the Employee's
compensation shall be adjusted in the manner as adjustments for voluntary
demotion.

O. Step Movements.

1. All step movement costs under this paragraph shall be included in


the costs of collective bargaining and submitted to the respective legislative
bodies for approval at the appropriate time.

2. For purposes of this paragraph, wherever the terms "bargaining


unit" or "bargaining unit 03" appear, it shall also include bargaining unit 04.

3. The following definitions shall be applicable to this paragraph:

a. "Step movement" means the movement of an Employee to


the next step within the same pay range which rate immediately exceeds
the Employee's basic rate of pay.

b. "Step movement date" means the date the Employee is to


be granted a step movement after rendering the minimum number of
years of creditable service.

Unit 03
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4. In determining creditable service for step movement, the following
shall apply:

a. "Service" means employment service on a step in any


Employer jurisdiction in an existing or former position which is or has
been included in bargaining unit 03 or which would have been included
in bargaining unit 03 were it not excluded therefrom, provided there is no
break in service.

b. "Break in service," for purposes of this paragraph, means a


separation from service or a movement out of the bargaining unit;
provided that a new appointment within the bargaining unit on the next
consecutive work day shall not constitute a break in service.

c. Service throughout a work year shall be creditable for a step


movement provided that the following shall be considered time not
creditable:

1) absences without pay, except as provided in


subparagraph 4.d. below;

2) absences due to suspension; or

3) any period of substandard performance.

d. A period of authorized leave without pay for the following


purposes shall be construed as creditable service:

1) to be on sabbatical leave;

2) to recuperate from an injury for which workers'


compensation weekly payments are made, or

3) to be on military service where the President of the


United States or the governor of the State has called the
Employee to active duty.

5. Determining Step Movement Date.

a. Subject to adjustment for all periods of time not creditable as


provided in subparagraph 4.c., the step movement date shall be
determined as follows:

1) For Employees in the bargaining unit as of June 30,


1991, the step movement date shall be determined by the most
recent date of hire.
Unit 03
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2) For Employees who enter a position in the bargaining
unit after June 30, 1991, the step movement date shall be
determined by the date the Employee initially entered a position in
the bargaining unit.

3) For Employees who re-enter a position in the


bargaining unit after June 30, 1991, the step movement date shall
be determined by the date the Employee re-entered a position in
the bargaining unit.

b. The Employee's step movement date determined under 5.a.


shall not be adjusted upon movement to another position in the
bargaining unit without a break in service, regardless of Employer
jurisdiction.

6. Eligibility for Step Movement.

a. Any Employee who is at a step or rate below the maximum


step of the pay range shall be eligible for and shall receive a step
movement on the Employee's step movement date, provided the
Employee has completed the minimum number of years of satisfactory
creditable service required for advancement to the next higher step.

Effective July 1, 1995, the minimum number of years of satisfactory creditable


service required for advancement to the next higher step shall be as specified
in the following:

Existing Minimum No. of Years of Creditable Service


Step at Existing Step Before Movements to Next Step

A 1
B 1
C 2
D 3
E 3
F 3
G 3
H 3
I 3
J 3
K 3
L 3

b. The Employee shall not be entitled to receive a step


movement on a date earlier than the Employee's step movement date
Unit 03
34
U-1
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and any time earned in excess of the minimum time required for the step
movement is voided upon movement to the next higher step in the same
pay range.

7. Effect of Personnel Actions.

a. Promotion, Demotion, Reallocation or Repricing

Notwithstanding subparagraph 6. above, an Employee who is


promoted, demoted or whose position is reallocated or repriced to
another pay range shall be credited with time earned in the former pay
range or pay ranges toward eligibility for a step movement in the new
pay range.

b. Transfer or Reallocation to a Class at Same Pay Range

An Employee who is transferred or whose position is reallocated to


a class in the same pay range shall not lose time earned toward
eligibility for a step movement increase.

c. Return to Position Following Release from Limited Term,


Provisional or New Probationary Appointment

An Employee who returns to the Employee's permanent position


following release from a limited term, provisional or new probationary
appointment, whether from a position within the bargaining unit or from a
position outside the bargaining unit, shall be credited with service
rendered as though the Employee had remained in the former position
continuously.

8. Crediting Service Applicable for Step Movement Beginning July 1,


1993.

a. For Employees in the bargaining unit as of June 30, 1991,


time earned toward eligibility for a step movement under this paragraph
shall begin with service rendered as of July 1, 1991.

b. For Employees who entered the bargaining unit on or after


July 1, 1991, time earned toward eligibility for a step movement under
this paragraph shall begin with service rendered from the date the
Employee entered the bargaining unit.

c. For the period July 1, 1991 to June 30, 1993, the maximum
service time eligible to be earned under this subparagraph shall be
twenty-four (24) months. This service time shall only be creditable for
one step movement.
Unit 03
35
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d. Step movements under this paragraph shall take place no
earlier than July 1, 1993.

P. Other Compensation Adjustments.

Compensation adjustments not expressly provided for by this Agreement


but necessitated by authorized personnel movements or situations shall be
made by the chief personnel or human resources executive, as applicable;
provided that consultation shall take place with the Union prior to effecting any
adjustments under this paragraph.

ARTICLE 14A – WORKERS’ COMPENSATION LEAVE BENEFITS

A. An Employee who is absent from work because of injuries and/or


illnesses incurred while working and is receiving workers’ compensation wage
loss replacement benefits or temporary total disability or temporary partial
disability payments shall continue to earn vacation and sick leave credits as
though the Employee was not absent from work.

B. An Employee who is absent from work and is receiving workers’


compensation wage loss replacement benefits may use accumulated sick
leave credits to receive an additional amount that would bring the Employee’s
total compensation to a sum equal to the Employee’s regular compensation.
In the event the Employee does not have any accrued sick leave credits, the
Employee may elect to use accrued vacation credits to bring the Employee’s
total payment to a sum equal to the Employee’s regular salary. Accumulated
credits may be used to continue the Employee’s regular compensation during
the waiting period.

C. An Employee shall not forfeit any excess accumulated vacation


leave credit when the Employee is receiving workers’ compensation wage loss
replacement benefits. The taking of excess vacation leave under Article 35.B.
shall apply.

D. An Employee is entitled to use the sick and vacation leave credits


earned during the period of absence from work.

ARTICLE 15 - TRAINING AND DEVELOPMENT

The parties agree that training is encouraged and makes for good,
sound management. The parties also agree that training is an on-going
program and must be planned.

To best accomplish this aim, we believe that an Employer/Union


committee can plan and develop a sound, on-going program to provide the
Unit 03
36
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skills necessary for Employees to become more proficient and efficient in their
jobs.

A. The parties agree that Employees shall be notified (posted on


bulletin boards) by the Employer and encouraged to participate in training and
development programs. The Employer shall notify the Union of all existing
training programs. The Employer shall meet and confer with the Union at least
once annually to jointly identify job-related training needs and to formulate
programs to meet such needs.

B. All training and development which the Employer requires of an


Employee shall be conducted during working hours. When such training or
development falls outside of the Employee's normal work hours, the
Employee's normal work hours may be adjusted so as to accommodate the
time spent in training or development. The adjustment in work hours shall not
be construed to be working a split shift.

C. A regular Employee shall be permitted to request attendance in a


training program, course of instruction, conferences or seminars and the
Employer shall approve such a request if the following conditions are met:

1. The training program, course of instruction, conferences or


seminars meets the approval of the Employer, is related to the Employee's job,
and will improve the Employee's skills to meet the needs of the Employer.

2. Attendance in the training program, course of instruction,


conferences or seminars will not disrupt the normal operations of the
Employer.

3. Funds are available.

4. Upon satisfactory completion of courses of instruction or training


programs approved by the Employer, the Employer shall reimburse the
Employee for the cost of tuition, books, and supplies, as applicable, provided
any textbooks paid for by the government remain its property.

5. Due consideration has been given to other candidates to attend


the training program, course of instruction, conference or seminar.

D. The Employer shall inform affected Employees of new work


procedures which relate directly to their work.

E. Subject to the conditions of paragraphs C.1. and C.2. above, and if


sufficient funds are not available, the Employee may be permitted to
participate at the Employee's own expense in training programs or courses of

Unit 03
37
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instruction which are scheduled during working hours with the prior approval of
the Employer or designated representatives.

F. The Employer shall provide in-service training programs.

G. Evidence of satisfactory completion of any training courses or


programs shall be placed in the Employee's personnel file and may be used as
a factor in giving consideration in the Employee's future promotion; however,
said consideration shall not be construed as affording the Employee
precedence or preference over other Employees who have demonstrated
greater job proficiency or have greater experience.

H. The Employer and the Union jointly shall provide a regularly


scheduled preretirement advisory program covering benefits and rights of
retired Employees. Those Employees who are contemplating retirement may
attend this program.

I. Whenever an Employee applies for and is denied training, the


Employee shall upon written request be informed of the reasons for denial in
writing.

ARTICLE 16 - PERSONNEL FILE

A. An Employee shall, upon request and by appointment, be


permitted to examine the Employee's personnel files. The Employee shall be
given a copy of any material if it is to be used in connection with a grievance or
personnel hearing.

B. No derogatory material shall be placed in the Employee's


personnel file unless the Employee has had an opportunity to read the material
and an opportunity to sign it indicating the Employee had read the material.
The Employee shall also be given an opportunity to attach explanatory
remarks.

C. Upon request of the Employee or the Union with consent of the


Employee, derogatory material in the Employee's file shall be destroyed after
two (2) years, unless the department head makes a determination of the
current relevancy of such material. If the Employee or the Union upon consent
of the Employee disputes the relevancy of such material, the department head
shall attach reasons for relevancy to such material in writing. The Employee or
the Union may again request destruction of such material after one (1) year.

D. All derogatory material shall be destroyed after five (5) years.

E. The employment history record shall not be destroyed.

Unit 03
38
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F. The Employer may maintain more than one personnel file;
however, one of these files shall include, but not be limited to, an Employee's
personnel transaction records, derogatory materials, commendatory materials
and performance evaluations. The Employer shall designate and inform the
Union of the location of the file.

ARTICLE 17 - PERSONAL RIGHTS AND REPRESENTATION

A. The Employer shall not require Employees to transport


government equipment in their private vehicles, if such Employees do not
receive mileage allowance.

B. Upon the request of the Union, existing dress and personal


appearance codes shall be reviewed by the Employer or designee and Union.
The Employer or designee shall consult with the Union before establishing new
dress and personal appearance codes.

C. Both parties agree that Employees shall not use their business
addresses (place of employment) to receive personal mail; provided, however,
if personal mail is sent to Employees' business addresses without their
knowledge or consent, the Employer shall endeavor to forward such personal
mail unopened.

D. The Employer shall provide Employees with supplies and


equipment which are required in the performance of the Employee's official
duties. Except in the case of negligence on the part of the Employee, when
such equipment is stolen, lost, damaged and/or worn out it shall be repaired or
replaced by the Employer.

E. The Employer shall provide legal counsel for an Employee upon


request when:

1. The Employee is sued for actions taken in the course of


employment and within the scope of the Employee's duties and
responsibilities.

2. The Employee must appear as a defendant or is subpoenaed to


appear in court when sued for actions taken in the course of employment and
within the scope of the Employee's duties and responsibilities.

3. The Employee must appear as a witness or is subpoenaed to


appear in court on a matter arising in the course of employment and within the
scope of the Employee's duties and responsibilities.

Unit 03
39
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4. The Employee is required to give deposition or answer
interrogatories on a matter arising in the course of employment and within the
scope of the Employee's duties and responsibilities.

In addition, the Employee's required presence in any of the foregoing


situations shall be considered work time, provided, whenever an Employee's
required presence is on the Employee's scheduled day off or holiday off, the
Employee shall be guaranteed a minimum of three (3) hours straight time pay.

F. When grievances are filed against Employees of this unit for


actions taken by them in the course of their employment and within the scope
of their supervisory and/or managerial duties and responsibilities, the Employer
shall provide them with necessary staff support and representation. When
such assistance is requested by the Employee and the Employer fails to
furnish such assistance, the Employee will not be penalized for any improper
action taken.

G. The Employer shall provide Employees with advice and assistance


in the interpretation and administration of collective bargaining contracts or
agreements covering their subordinates. Whenever Employees perform or
carry out their assigned supervisory and/or managerial duties and
responsibilities, based on such advice and assistance, the Employer agrees to
provide full support to the Employees should conflict or grievances arise.

H. The Employee shall have the right to refuse for good cause as
determined by the Employer to work overtime, to accept a temporary
assignment, and to perform any work not representative of the Employee's
class.

I. If a judgment or court approved settlement is made against an


Employee in a civil suit for actions taken in the course of employment and
within the scope of the Employee's duties and responsibilities, the Employer
agrees to do no more than submit to the Legislature or the County Council any
judgment (or court approved settlement) against the Employee, with the
Employer retaining the discretion of recommending or not recommending
legislative approval.

J. Bill of Rights.

1. No Employee shall be required to sign a statement of complaint


filed against the Employee.

2. If the Employer pursues an investigation based on such complaint,


the Employee shall be advised of the seriousness of the complaint. The
Employee will be informed of the complaint, and will be afforded an opportunity
to respond to the complaint, and to furnish evidence in support of the
Unit 03
40
U-1
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Employee's case. The Employee shall have the right to be represented by the
Union in presenting the Employee's case.

3. Before making a final decision, the Employer shall review and


consider all available evidence and data, including factors supporting the
Employee's position, whether or not the Employee offers such factors in the
Employee's own defense.

4. If the complaint filed against the Employee results in disciplinary


action, and the Union or Employee believes that the action taken is improper
or unjust, the Union or the Employee shall have the right to process a
grievance pursuant to Article 11, Grievance Procedure.

ARTICLE 18 - UNIFORMS AND EQUIPMENT

I. General Application

A. A uniform shall be defined as those items of distinctive clothing


which are required by the Employer and which meet the following conditions:

1. Used to identify a specific group of Employees.

2. Shirt and/or trousers, blouse and/or skirt, dress or other clothing


must be of the same design, color, cut, and style, and made of similar material
for a specific group of Employees.

B. Uniform accessories which are required by the Employer shall be


furnished by the Employer and shall remain the property of the Employer while
in the custody of the Employee. Accessories include, but are not limited to, the
following:

1. Sam Browne belt 7. Hat


2. Holster 8. Ammo pouch
3. Handcuffs 9. Name tag
4. Handcuff case 10. Flashlight and batteries
5. Patches 11. Whistle
6. Badges

C. The Employer shall provide to Employees authorized and required


to carry a firearm as part of their official duties while on duty status a weapons
maintenance allowance for the proper care and maintenance of (1) Employer-
issued weapons accessories and personal safety equipment, and (2)
Employee-purchased supplemental weapons, including ammunition, approved
by the Employer.

Unit 03
41
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1. The weapons maintenance allowance shall be granted for each
full month worked. It is provided that paid or unpaid leaves shall be
considered as time worked, except that unpaid leaves, including suspensions,
of five (5) or more days shall not be considered as time worked and the
allowance shall be prorated accordingly for such month(s). It is further
provided that the allowance shall be prorated when employment commences
after the first day of a month or terminates before the last day of a month.

2. The weapons maintenance allowance shall be paid to eligible


Employees on or about the end of each three-month period of a fiscal year.
The amount of the weapons maintenance allowance shall be calculated at the
rate of thirty-five dollars ($35.00) per month.

D. The following items of apparel are not considered as part of a


uniform:

1. Work clothing such as coveralls, aprons, smocks, etc.

2. Shoes, boots, socks, and ties. (Whenever the Employer requires


the Employees to wear safety shoes or safety boots, the Employer shall
provide such items.)

3. Shirts normally worn under a uniform coat or blouse. (Shirts of a


distinctive uniform appearance normally worn as an outside garment in place
of a uniform coat or blouse are considered as part of the uniform.)

E. Damaged or Lost Uniforms.

1. If an Employee's uniform is destroyed or damaged while worn in


the performance of duty and without negligence, the Employer shall either
replace the item or items of uniform destroyed, or reimburse the Employee for
the cost of the item or items of uniform destroyed; provided that the
Employee's supervisor recommends replacement or reimbursement and the
Employer or its designee approves such recommendation.

2. Replacement or reimbursement shall not be made by the


Employer when a uniform is lost, stolen, destroyed or damaged due to
negligence by the Employee, or where the uniform is willfully destroyed or
damaged by the Employee.

F. The Employer shall post on the bulletin board a list of approved


vendors where uniforms shall be purchased. A copy of this list shall also be
furnished to the Union.

Unit 03
42
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G. Whenever an Employee is required by the Employer to wear a
uniform, the Employer shall have the option to (1) clean such uniforms or (2)
provide a uniform maintenance allowance of $20.00 per month provided:

1. if the uniform consists only of button shirt, trousers or jacket, the


allowance shall be $10.00 per month; or

2. if the uniform consists only of t-shirt or shorts or both, the


allowance shall be $6.00 per month.

Such allowance for each fiscal year shall be paid once annually on or
about June 30 of the fiscal year. If the employment of the Employee
commences or terminates during the fiscal year, the sum paid shall be
adjusted on a prorated basis. No allowance shall be payable during periods of
suspension of five (5) or more days or for periods when the Employee is on
any leave of absence without pay.

II. Existing Policies and/or Practices

A. All policies and/or practices existing on the effective date of the


Agreement which provide or require that the Employer either initially furnish
uniforms to Employees, or initially reimburse Employee for the cost of the
uniforms which are purchased from a vendor approved by the Employer shall
be continued for the duration of the Agreement.

B. All policies and/or practices of the Employer existing on the


effective date of the Agreement which provide for the replacement of uniforms
due to normal wear and tear, or which provide for a replacement allowance for
uniforms due to normal wear and tear shall be continued for the duration of the
Agreement, except that the replacement allowance shall be 75% of the actual
replacement cost of the items of uniforms purchased by the Employee.

III. Uniforms for New Groups of Employees

In the event that the Employer determines that a group of Employees,


other than those covered by existing policies and/or practices, be required to
wear uniforms, the following shall apply:

1. The Employer shall consult with the Union to determine the


reasonable number of sets of uniforms which specific groups of Employees are
entitled to receive on an initial basis.

2. The Employer shall either furnish the uniforms or reimburse


Employees for the cost of the uniforms which are purchased from a vendor
approved by the Employer.

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3. The replacement of uniforms due to wear and tear shall be by
Employer approval.

4. The Employer may choose to furnish such replacement or provide


for replacement allowance of seventy-five percent (75%) of the actual
replacement cost of the items of uniforms purchased by the Employee.

5. If the Employer opts for the replacement allowance, the items of


uniform being replaced shall be purchased from an approved vendor and
substantiated by a receipt.

ARTICLE 19 - SAFETY AND HEALTH

A. Safety and Health Requirements. The Employer shall conform to


and comply with applicable regulations requiring safe, healthy, and sanitary
working conditions prescribed by the Department of Health, Department of
Labor, or any other governmental body. In addition, the Employer shall insure
compliance with the applicable provisions of the Hawai`i Occupational Safety
and Health Law, Act 57, SLH, 1972. The Employer shall provide, among other
things:

1. When feasible in the renovation or construction of government


buildings, the Employer shall endeavor to include in the specifications,
provisions to provide, but not limited to the following air conditioning; cold
water fountains; rest rooms for Employees separate from public rest rooms;
areas for meals.

2. When adequate lighting is essential to the performance of a


specific function, the Employer shall provide necessary lighting equipment.

B. Protective Clothing and Safety Equipment and Tools.

1. Whenever the Employer requires that Employees wear protective


clothing or use safety equipment and tools, the Employer shall provide and
replace such items.

2. When an Employee performs work requiring the use of protective


clothing and the Employee's garment is damaged because the protective
clothing is inadequate, the Employer shall be responsible for reimbursing the
reasonable value of the garment. The reasonable value shall be mutually
agreed upon by the department head or designee and the affected Employee.
Whenever such damage occurs, it shall be reported immediately to the
Employee's supervisor.

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3. Each Employee whose duties require protective shoes as provided
under this section shall be provided with a second pair of such shoes when all
of the following conditions are met:

a. Such shoes become wet frequently and on a regular basis


such as a result of the Employee's duties.

b. Wetness results from water or muddy conditions.

c. Wetness which saturates the shoes will occur in spite of


reasonable precautions and preventive measures.

d. Rubber boots when provided are not reasonable to wear (1)


due to the nature of work or (2) for more than four hours per work day.

C. Working Conditions.

1. Toilet facilities will be provided.

2. Clean, cool, potable drinking water shall be made accessible.

3. All office and work areas shall be provided with natural or


mechanical systems of ventilation.

D. The Employer shall endeavor to provide security and protection for


public Employees in offices where there have been experiences of frequent
threats or violence.

ARTICLE 20 - TEMPORARY HAZARD PAY

A. Award and Approval. Upon recommendation of a department


head or the Union, the Personnel Director, in consultation with the Union, shall
grant hazard pay to Employees who are temporarily exposed to unusually
hazardous working conditions and where the following conditions are met
(where the Union initiates a request, the request shall be addressed to the
affected department head with a copy to the Personnel Director):

1. The exposure to unusually hazardous working conditions is


temporary;

2. The degree of hazard is "Most Severe" or "Severe"; and

3. The unusually hazardous working conditions have not been


considered in the assignment of the class to a salary range.

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B. Hazard Pay Differentials. Hazard pay differentials shall be based
on the minimum step of the Employee's salary range and shall be prorated as
follows:

1. Most Severe--twenty-five percent (25%).

a. Exposure likely to result in serious incapacitation, long


period of time lost, or possible loss of life.

b. Accidents occur frequently in spite of reasonable safety


precautions.

c. Frequent exposure to hazard where failure to exercise


extreme care and judgment might cause an accident which would result
in total disability or fatality.

2. Severe--fifteen percent (15%).

a. Frequent injuries likely but serious accidents rare.

b. Exposure leads to possible eye injuries, loss of fingers, or


serious burns.

c. Might cause incapacitation.

d. Moderate periods of compensable lost time result.

3. Any disagreement on the granting of Temporary Hazard Pay or the


differential granted shall be subject to the grievance procedure and in
accordance with Step 2 of Article 11, Grievance Procedure.

C. Computing Hazard Pay. The basic unit for computing such


payments shall be the hour provided that:

1. A fraction of an hour shall be considered an hour;

2. A half day's pay at hazard rates shall be allowed for one (1) or
more but less than four (4) hours of hazard work per day;

3. A full day's pay at hazard rates shall be allowed for four (4) or
more hours of hazard work per day; and

4. This pay is in addition to any other rate that may apply to the job.

D. Duration of Hazard Pay Award. Such hazard pay award shall


remain in effect for a period not to exceed six (6) months but may be renewed
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by the Personnel Director or the Director's designated representative upon
showing by the department head that the working conditions and duties remain
the same.

E. Forms and Other Requirements. Recommendations for hazard


pay differentials shall be submitted on such forms and such manner as the
Employer may require.

ARTICLE 21 - REST PERIODS AND LUNCH PERIOD

A. All Employees shall be allowed rest periods of ten (10) minutes


during each half of the workday or work shift and before each two (2) hours of
continuous overtime work performed after completing a regular workday or
work shift of eight (8) hours. The times and locations at which rest periods
shall be taken are to be determined by the department head or a designee of
the department head after giving due consideration to the desires of the
Employees and the requirements of the department.

B. All Employees shall be allowed a lunch period not exceeding forty-


five (45) minutes. Such lunch period shall not constitute working time.

ARTICLE 22 - SHIFT WORK

A. The work schedules for Employees who are required to work on


scheduled shifts shall be prepared in consultation with the Employees and/or
the Union and prominently posted at least two (2) weeks in advance so that
the Employees affected will be informed. Such schedules shall be for no less
than two-week (2) periods and shall not be changed except for good cause
and provided the affected Employee is given at least forty-eight (48) hours
prior notice. Whenever possible, work schedules shall: 1) permit an
Employee to enjoy a holiday on the day it is observed; 2) provide an Employee
with two (2) consecutive days off; and 3) provide for an equitable system
allowing Employees equal number of weekends off.

B. The definition of shift shall be in accordance with Article 23,


Overtime, paragraph L-1.

ARTICLE 23 - OVERTIME

A. Coverage: Credit for Overtime Work. Employees are entitled to


receive cash payment or compensatory time credit because of overtime work.

B. Occurrence of Overtime Work. Overtime work occurs when an


Employee renders service at the direction of proper authority and if the
performance of such service is:

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1. In excess of a scheduled eight (8) hour workday.

2. In excess of forty (40) straight-time hours per workweek.

3. On any day which is not consistent with existing practices of work


schedules as provided in Article 45, Royal Hawaiian Band, and Article 46,
Meter Readers.

4. On any day which is observed as a legal holiday; whenever the


major portion of a shift falls on a day observed as a legal holiday, work
performed during the entire eight (8) hour shift shall constitute overtime work
provided that no further credit because of the overtime work shall be granted
notwithstanding any other provision of this Article.

5. On the Employee's scheduled day off and there has been no


change, by mutual consent (or by due prior notice), in the work schedule.

6. In operating units subject to shift work when an Employee is


required to report to a new shift with less than a lapse of twelve (12) hours of
rest, the Employee shall continue to earn overtime until such a rest period is
granted.

7. In accordance with specific conditions stipulated by this


Agreement.

8. If work schedules are not posted two (2) weeks in advance


pursuant to paragraph A of Article 22, Shift Work, Employees affected shall be
credited for overtime work for each hour of work performed on the first day of
such new schedule.

9. In operating units rendering public service seven (7) days per


week, whenever an Employee whose work is subject to shifts is required to
render full-time service for more than six (6) consecutive days, the Employee
shall be entitled to overtime for each hour of work performed on the seventh
day and each succeeding day until the Employee is granted a period of rest for
twenty-four (24) non-work hours.

10. Whenever an Employee is required to perform overtime work


within the sixteen (16) hour period immediately prior to the start of the
Employee's scheduled workday and does not receive at least a total of ten (10)
hours of rest within such sixteen (16) hour period, the Employee shall be
entitled to overtime credits to be applied to the straight-time hours actually
worked on such scheduled workday which shall be equal to the difference
between the ten (10) hours and the number of actual hours of rest received.

C. Additions and exceptions to the above provisions are as follows:


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1. Occurrence of overtime work with respect to official leave with pay
or compensatory time--any official leave with pay or compensatory time credits
which have been actually taken by an Employee shall be included in
computing whether an Employee has worked in excess of eight (8) hours in a
day or forty (40) hours in a week.

2. Whenever an Employee is required, with less than forty-eight (48)


hours advance notice, to report for work on a workday or a shift for which the
Employee was not officially scheduled, the Employee shall be credited for
overtime work for each hour of work performed on the first workday of such
new scheduled day or shift.

3. Exchange for Perquisites. An Employee who by agreement


receives perquisites or accommodations in exchange for rendering standby or
emergency duty in excess of the Employee's normal hours of work:

a. Will not earn overtime for rendering scheduled standby duty;

b. Will not earn overtime when called to perform emergency


service during the Employee's scheduled hours of standby duty;

c. Will earn overtime for each hour of work when called to


emergency duty on the Employee's scheduled day off.

D. Conversion to Compensatory Time Credit. The number of actual


hours of overtime worked shall be converted to compensatory time credit at
the rate of one and one-half (1 1/2) hours of compensatory time credit for each
hour of overtime worked or fraction thereof computed to the nearest fifteen
(15) minutes except as provided in Article 27, relating to Call Back Pay.

E. Compensatory Time Off. An Employee who has compensatory


time credit shall be scheduled for compensatory time off as mutually agreed to
with the Employee's appointing authority.

F. An Employee on compensatory time off shall be deemed to be on


official leave with pay status.

G. An Employee who notifies the department head in advance or


substantiates to the satisfaction of the department head that the Employee
was sick on a scheduled day of compensatory time off, shall be charged only
for sick leave.

H. Compensation for Overtime Work. The provisions of this Article in


regard to payment in cash shall be applicable in all cases except where the
Employee who has performed the overtime work elects, in writing, to take
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compensatory time off in lieu of cash; provided that the number of hours of
compensatory time credits that an Employee may accumulate shall not exceed
two hundred forty (240) hours. For an Employee whose balance exceeds two
hundred forty (240) hours as of July 1, 2007, the Employer and the Employee
shall mutually agree on a methodology to reduce the balance to two hundred
forty (240) hours, including a timetable for such reduction.

I. Cash Payment for Overtime Worked.

1. The basic compensation for an Employee who performs overtime


work shall include all differentials an Employee is receiving when performing
overtime work, except for hazard pay differentials. To convert an Employee's
basic compensation to an hourly rate, the following formula shall be used:
(monthly salary plus the amount of monthly differentials) multiplied by 12
months then divided by 2,080 hours; plus any hourly differentials the Employee
is earning.

2. Cash payment for overtime work shall be calculated as follows:


(basic rate of pay plus differentials as determined in I.1.) multiplied by the
number of hours worked or fraction thereof computed to the nearest fifteen
(15) minutes multiplied again by one and one-half. (E.g. $15.00 + .31) x 8
hours of overtime work x 1-1/2 = $183.72)

3. Cash payment for overtime work shall be made within thirty (30)
days (approximately two (2) pay periods) from the date the Employee submits
the appropriate Employer form for overtime payment.

J. At the time of termination or resignation from service, the


Employee shall be paid in cash for all compensatory time credit earned but not
yet taken as compensatory time off.

K. Mutual Agreement. A Mutual Agreement in writing may be


entered into between the Union and the Employer. Through such an
Agreement, the limitation of Article 23, Overtime, may be modified.

L. Definitions. The following definitions are specifically intended to


clarify the intent of this Article.

1. Workday or shift. The term "workday" or "shift" is defined as a


period of eight (8) hours during which a full-time Employee is scheduled to
perform a normal day's work. For scheduling purposes, a workday or shift may
begin on one day and end on the next day.

2. Work subject to shifts or shift work. The term "work subject to


shifts" or "shift work" is defined as a work operation in which there is more than
one workday or shift in a calendar day. Flexible or staggered working hours
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shall not be considered in determining whether more than one such workday
occurs in a calendar day.

3. Pre-shift. The term "pre-shift" is defined as that period of time


immediately preceding a workday.

4. Post-shift. The term "post-shift" is defined as that period of time


immediately following a workday.

M. Whenever overtime work is authorized by the Employer,


Employees who are assigned to the construction project in which overtime is
authorized shall be given first choice to work the overtime.

ARTICLE 24 - TIME OFF FOR OVERTIME WORKED

Whenever a non-shift Employee works at least eighteen (18) hours


within the twenty-four (24) hour period immediately prior to the start of the
Employee's scheduled workday, the Employer shall excuse the Employee from
work on such workday, with pay, unless the services of such Employee are
needed due to an emergency affecting the public health or safety and
replacements are not available. In the event of such an emergency, such
Employee shall be excused from work as soon as possible when the
emergency no longer exists.

ARTICLE 25 - MEALS

A. When Employees are required to work overtime, the Employer


shall either furnish them with meals or compensate them for meals at the rate
of six dollars ($6.00) for breakfast, eight dollars ($8.00) for lunch and ten
dollars ($10.00) for dinner under the following situations:

1. Post-Shift Overtime. Employees who perform overtime work after


their normal workday shall be furnished or compensated for a meal after the
first two (2) hours of actual overtime work performed and after intervals of five
(5) hours following the first overtime meal.

2. Two or More Hours of Pre-Shift Overtime. When Employees are


called to perform two (2) or more hours of pre-shift overtime work and are
required to work continuously into their normal workday, they shall be entitled
to meals for the period of the overtime work as well as their normal workday.
Employees shall be furnished or compensated for a meal upon completion of
two (2) hours of overtime work and at intervals of five (5) hours of continuous
work performed following the first meal.

3. Less than Two Hours of Pre-Shift Overtime. When Employees are


required to work less than two (2) hours of pre-shift overtime with less than
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twenty-four (24) hours prior notice and works continuously into the Employees'
normal workday, they shall be furnished or compensated for a meal at the start
of their normal workday and at their normal meal period during the workday.

4. Overtime During Off-Duty Hours, Scheduled Day Off or Holiday.

a. Less Than 24 Hours Prior Notice. When Employees are


required to work overtime during their off-duty hours (not post-shift or
pre-shift), on a scheduled day off or a holiday, with less than twenty-four
(24) hours prior notice, they shall be furnished or compensated for a
meal upon completion of two (2) hours of overtime work and at intervals
of five (5) hours of continuous overtime work performed following the first
overtime meal. However, an Employee shall not be entitled to a meal
after two (2) hours of overtime work if the overtime work commences
within three (3) hours of a previous overtime meal. In such event, the
Employee shall be granted a meal after a period of five (5) hours from
the previous meal should the Employee continue working till this time,
and shall be entitled to additional meals at intervals of five (5) hours of
continuous overtime work thereafter.

b. 24 Hours or More Prior Notice. When Employees are


required to work overtime during the Employees' off-duty hours (not
post-shift or pre-shift), on a scheduled day off or a holiday with at least
twenty-four (24) hours prior notice, they shall be furnished or
compensated for a meal upon completion of ten (10) hours of such
overtime work and at intervals of five (5) hours of overtime work
performed following the first overtime meal.

5. Overtime While on Standby. When Employees render service in


response to a call to work as provided under Article 26, Standby Pay, they
shall be furnished or compensated for a meal upon completion of two (2) hours
of work and at intervals of five (5) hours of continuous work performed
following the first meal. However, an Employee shall not be entitled to a meal
after two (2) hours of overtime work if the overtime work commences within
three (3) hours of a previous overtime meal. In such event, the Employee shall
be granted a meal after a period of five (5) hours from the previous meal
should the Employee continue working till this time, and shall be entitled to
additional meals at intervals of five (5) hours of continuous overtime work
thereafter.

B. Notwithstanding paragraph A, an Employee who is required to


travel inter-state or intra-state on official business and who receives a travel
allowance pursuant to Article 44, Travel, shall be furnished or compensated at
the rate of ten dollars ($10.00) for a dinner meal after performing seven (7)
hours of overtime work.

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C. For purposes of meal compensation, the following shall apply:

1. Breakfast shall mean any meal allowed an Employee from 3:00


a.m. to 9:00 a.m.

2. Lunch shall mean any meal allowed an Employee after 9:00 a.m.
to 3:00 p.m.

3. Dinner shall mean any meal allowed an Employee after 3:00 p.m.
but before 3:00 a.m.

D. The Employer shall compensate Employees for meals within thirty


(30) days (approximately two pay periods) from the date on which the claim for
compensation is filed with the respective disbursing officer.

E. The term "pre-shift" is defined as that period of time immediately


preceding a workday.

The term "post-shift" is defined as that period of time immediately


following a workday.

ARTICLE 26 - STANDBY PAY

A. An Employee shall be deemed to be on standby duty when


assigned by the head of the department or other superior to remain at home or
at any other designated place for a specific period for the purpose of
responding to calls for immediate service after the Employee's normal hours of
work, on the Employee's scheduled day off or on holidays. For each calendar
day or portion thereof of standby duty, the Employee shall be paid an
additional amount equal to twenty-five percent (25%) of the Employee's daily
rate.

B. Whenever it is necessary for an Employee on standby duty to


render immediate service in response to a call to work, the Employee shall be
entitled to further compensation as provided in the Call Back Pay provision
contained herein.

C. The Union and Employer agree that the Employer may provide
pagers and/or cellular telephones for the Employee’s convenience in
responding to calls from work. Employees who are provided pagers and/or
cellular telephones in lieu of remaining at home for the purpose of responding
to calls for immediate service shall be entitled to standby pay after the
Employee’s normal hours of work, on the Employee’s scheduled day off or on
holidays with the following conditions:

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1. The Employee has written authorization by the Employer that the
Employee is on standby duty.

2. The Employee shall respond to a call for immediate service within


the same period as if the Employee remained at home.

3. The Employee remains in a geographic location where the


Employee can receive a pager or cellular call and responds to a call for
immediate service.

ARTICLE 27 - CALL BACK PAY

A. Whenever an Employee is called back to work after the completion


of the Employee's workday and is released from the call back work before the
start of the Employee's next regular consecutive workday, the Employee shall
be credited with either:

1. A minimum of three (3) hours regular pay, calculated from the time
the Employee leaves home and until the Employee returns home from work, or

2. Overtime work calculated from the time the Employee leaves


home and until the Employee returns home, whichever is greater in value;
provided, that overtime pay for work on holidays, days off and pre-shift
overtime shall be in accordance with their respective articles.

B. An Employee may be permitted rest periods of ten (10) minutes for


each two (2) hours of call back work performed.

C. An Employee interrupted by Employer-initiated consultative call(s)


while the Employee is at home and on off-duty status shall not qualify for call
back pay unless the Employee actually returns to the workplace. An Employee
who is not on standby pay duty status shall be paid a minimum of one (1) hour
straight time pay for one or more consultative calls within the same one-hour
period, calculated from the onset of the first call and ending one hour later.
The penalty for consultative calls shall be in lieu of any other compensation
and shall not be subject to overtime provisions. For the purpose of this
section, a consultative call shall mean an exchange of technical and/or
procedural information to resolve a problem requiring immediate attention.

ARTICLE 28 - SHOW-UP TIME AND REPORTING PAY

A. Show-up time and reporting pay on normal scheduled workday.


An Employee who reports to work but who is unable to perform the Employee's
normal work because of inclement weather, breakdown or unavailability of
equipment, or other conditions beyond the Employee's control, shall be
credited with the Employee's normal day of work; provided, however, the
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Employee may be assigned to perform other work as determined by the
Employer or the Employer's designee.

B. Show-up time and reporting pay on scheduled day off.

1. An Employee who is required and reports to work on the


Employee's scheduled day off but who is unable to perform work because of
inclement weather, breakdown, or unavailability of equipment, or other
conditions beyond the Employee's control, shall be guaranteed a minimum of
three (3) hours straight-time pay.

2. An Employee who is required and reports to work on the


Employee's scheduled day off and performs less than two (2) hours of work
shall be guaranteed a minimum of three (3) hours of straight-time pay.

ARTICLE 29 - SPLIT SHIFT PAY

A. The Employer recognizes that it is to the best interests of


Employees that split shifts be minimized except in cases where the Employer's
mission cannot be economically administered by standard scheduling
methods.

B. When, however, an Employee is required to work on a split shift


basis, the Employee shall be paid a differential of twenty-five cents ($.25) per
hour for each hour, or fraction over thirty (30) minutes of the Employee's
workday and thirteen cents ($.13) for each period of less than thirty (30)
minutes of work.

C. Split Shift--A regular work shift, which may be less than eight (8)
hours, in a day which is divided into two (2) portions by off duty periods other
than meal time.

D. An Employee who works a split shift will earn overtime for each
hour worked which exceeds ten (10) hours, exclusive of time for meals,
calculated from the time the Employee starts and ends the Employee's
workday. The Employee's basic compensation plus the split shift differential
will be used in determining the cash payment for overtime work pursuant to
Article 23, Overtime.

ARTICLE 30 - NIGHT DIFFERENTIAL

A. Whenever an Employee's scheduled straight-time hours, including


holiday work, fall between the hours of six (6:00) p.m. and six (6:00) a.m., the
Employee shall be paid, in addition to the Employee's basic compensation, the
amount of sixty cents ($.60) per hour for each hour of actual work performed
during such six (6:00) p.m. to six (6:00) a.m. hours; provided, however, if one-
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half (1/2) or more of the Employee's scheduled straight-time hours fall between
six (6:00) p.m. and six (6:00) a.m., the Employee shall be paid, in addition to
the Employee's basic compensation, the amount of sixty cents ($.60) per hour
for each straight-time hour actually worked.

B. Whenever an Employee's overtime hours fall between the hours of


six (6:00) p.m. and six (6:00) a.m., the Employee shall be paid the night
differential for each hour of actual overtime work performed during such six
(6:00) p.m. to six (6:00) a.m. hours.

C. The Employee's basic compensation plus the night differential will


be used in determining the cash payment for overtime work pursuant to Article
23, Overtime.

D. For the purpose of granting differential for work performed for a


portion of an hour, the differential shall be thirty cents ($.30) for work of one-
half (1/2) hour or less, and sixty cents ($.60) for work of more than one-half
(1/2) hour.

ARTICLE 31 - WORKING CONDITION DIFFERENTIAL

A. All Employees at the Hawai`i State Hospital will be entitled to a


differential because of unusual or unique working conditions in having contact
with patients who are ordered by the courts pursuant to Chapters 704 and 706,
HRS, to be in the custody of the Director of Health or who are adult inmates
who are transferred from a correctional institution under Chapter 334, HRS.
Employees shall be paid in addition to their basic compensation, a differential
of fifty cents ($.50) per hour for each hour of work performed.

B. Employees of the Hawai`i Health Systems Corporation (HHSC)


shall be entitled to a differential because of unusual or unique working
conditions whenever working with a patient who is sent to an HHSC facility
because of an order by the courts pursuant to Chapters 704 and 706, HRS, to
be in the custody of the Director of Health; or when an adult inmate is
transferred from a correctional institution under Chapter 334, HRS, to an
HHSC facility; or when a patient that has been recommended for placement
into the Hawai`i State Hospital is placed temporarily in the HHSC facility. All
Employees assigned to such patient care until shall be entitled to a differential
of fifty cents ($.50) per hour for each hour of work performed while on such
assignment. The differential will remain until such time as the patient is
removed from the location or is released from said custody into regular patient
status.

C. For the purpose of granting differential pay for a portion of an hour


for an Employee covered by paragraph A or B, the Employee will be paid

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twenty-five cents ($.25) for one-half (1/2) hour or less of work and fifty cents
($.50) for more than one-half (1/2) hour of work.

D. Employees assigned to correctional facilities shall be entitled to a


differential because of unusual or unique working conditions. Such Employees
shall be paid, in addition to their basic compensation, a differential of fifty cents
($.50) per hour for each hour of work performed at such location.

E. In administering paragraph D above, and for purposes of granting


differential pay for a portion of an hour, the Employee will be paid twenty-five
cents ($.25) for one-half (1/2) hour or less of work and fifty cents ($.50) for
more than one-half (1/2) hour of work.

F. The Employer, in consultation with the Union, may terminate the


differentials provided by this section upon reclassification of an affected
Employee's position to a higher classification because of the unusual or unique
working conditions which qualified the Employee for the differential or because
such conditions cease to exist.

ARTICLE 32 - SABBATICAL LEAVE

A. For purposes of improving public services, the Employer may


grant sabbatical leaves of absence under conditions set forth in this Article.

B. An Employee who has served six (6) continuous years within the
applicable governmental jurisdiction may qualify for a sabbatical leave of
absence. Such leave shall be for a period not to exceed one (1) year and may
not be granted again to the same Employee until the Employee has served an
additional period of six (6) continuous years within the applicable governmental
jurisdiction. For the purpose of computing continuous years of service in this
Article, periods of unauthorized leaves without pay shall not be counted;
however, such leaves shall not constitute a break in service.

C. The Employer shall consider at least the following matters in


reviewing a request for sabbatical leave:

1. The purpose of the leave is mutually beneficial to the Employee


and the Employer;

2. The nature, length and pertinency of educational course work,


research, or other professional/educational activity which the Employee plans
to undertake during the sabbatical leave are consistent with the needs of the
service;

3. The Employee's absence will not adversely affect the operations of


the department; and
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4. The Employee's work performance record and seniority
(continuous length of service in the applicable governmental jurisdiction).

D. In the event a request for sabbatical leave is denied, the Employee


may request and shall be provided the reasons for denial in writing from the
Employer.

E. Employees on sabbatical leave shall be paid an amount equal to


one-half of the basic compensation which the Employee was receiving at the
commencement of the leave. Basic compensation shall include any
negotiated increase in the schedule as may be provided for in the Agreement.
The payments shall be made in accordance with regular pay periods.

F. An Employee granted sabbatical leave may engage in other


employment provided the primary purpose for which the leave was granted is
met.

G. Before being granted a sabbatical leave, an Employee shall enter


into a contract with the Employer which shall provide for the following:

1. The Employee shall agree to return to work upon termination of


sabbatical leave or any other leave which may be granted by the Employer
immediately following the sabbatical leave. If the Employee fails to report for
work upon termination of sabbatical and/or any other leave granted under this
Agreement, the Employee shall be considered to have resigned and shall
refund all monies received while on sabbatical leave.

2. Upon return from sabbatical leave and/or any other leave granted
under this Agreement, the Employee shall agree to work in the appropriate
department for a period of two (2) continuous years. If the Employee fails to
do so, the Employee shall refund all monies received from the Employer while
on sabbatical leave; provided, however, in the event of the death of the
Employee, the requirement to refund all monies shall be waived. In the event
the Employee is unable to continue employment due to illness or injury, the
Employer and the Union, by mutual agreement, may shorten the return period.

3. The Employee shall be guaranteed a return to the Employee's


position or an equivalent position at the expiration of the sabbatical leave
and/or any other leave granted under this Agreement. Upon the Employee's
return, the Employee shall have the same salary range and step that the
Employee had at the time of taking the leave and the Employee's increment
date shall be advanced equivalent to the duration of the leave, provided it is
not inconsistent with terms of this Agreement.

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4. The Employee shall not accrue any vacation or sick leave credits
during the period of sabbatical leave.

5. Any other provisions deemed necessary by the department to be


included in the contract.

ARTICLE 33 - LEAVE OF ABSENCE FOR UNION BUSINESS

A. Any Employee elected or appointed to an office in the Union will, if


such office requires full time participation in the exercise and discharge of its
duties, be given a leave of absence without pay not to exceed one (1) year.
Extension may be granted by the Employer for a period not to exceed twelve
(12) months.

B. Any Employee elected or appointed to attend the Biennial State


and/or National Union convention shall be given a leave of absence without
pay or vacation leave for the duration of the convention including reasonable
travel time. The Union shall notify the Employer in writing, not less than thirty
(30) days prior to the commencement of the leaves, of the dates of the
scheduled convention, the names and departments of the elected or appointed
Employees and alternates. In the event an alternate is substituted for another
Employee to attend the convention, the Union shall notify the Employer
immediately of the substitution. It is agreed that any adjustments in the work
schedules necessitated to accommodate the substitution shall not result in
overtime for all Employees.

C. Any Employee elected or appointed to attend a Statewide


Leadership Conference of the Union may be given a leave of absence without
pay or vacation leave for the duration of the conference including reasonable
travel time.

D. Unless otherwise provided by law, no Employee on leave of


absence without pay shall be entitled to accrue or accumulate vacation
allowance, sick leave, service credit for increments and longevity increases or
other rights and benefits for the term of the leave but the Employee shall not
lose seniority for the purpose of determining length of service.

ARTICLE 34 - HOLIDAYS

A. The following days of each year are established as holidays:

New Year's Day


Dr. Martin Luther King, Jr. Day
President's Day
Prince Jonah Kuhio Kalanianaole Day
Good Friday
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Memorial Day
King Kamehameha I Day
Independence Day
Statehood Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Day

All election days, except primary and special election days, in the county
wherein the election is held.

Any day designated by proclamation by the President of the United


States or by the Governor as a holiday.

B. Observance of Holidays.

1. Employees whose workdays fall on Monday through Friday during


the workweek in which a holiday occurs shall observe such holiday as provided
below:

Day Holiday Falls Day Holiday Observed

Saturday Friday preceding holiday


Sunday Monday following holiday
Workday Workday

2. Employees whose workdays fall on other than Monday through


Friday during the workweek in which a holiday occurs shall observe such
holiday as provided below:

Day Holiday Falls Day Holiday Observed

Day off First workday after the day off


Workday Workday

3. An Employee shall be compensated for a holiday based on the


Employee’s normal scheduled working hours provided the Employee worked
(or was on paid leave) either the normal scheduled workday immediately
preceding the holiday or the normal scheduled workday immediately following
the holiday.

C. Two Holidays Observed on the Same Calendar Day

Whenever two holidays are to be observed on the same calendar day in


accordance with paragraph B., above:
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1. The first holiday shall be observed in the normal manner; and

2. The second holiday shall be observed on a date mutually agreed


to between the Employee and the Employee’s supervisor provided that such
mutual agreement shall be reached at least sixty (60) calendar days prior to
the date the two holidays were to be observed. If an agreement is not
reached, the matter shall be referred to the Employee’s appointing authority or
designee other than the Employee’s supervisor for a final and binding decision.
The decision shall be made at least thirty (30) calendar days prior to the date
the two holidays were to be observed.

3. The mutually agreed upon date shall occur within the same
calendar year.

ARTICLE 35 - VACATION LEAVE

A. Earning of Vacation Leave.

1. All Employees shall earn vacation leave at the rate of fourteen (14)
hours for each month of service. For the purpose of this Article, a workday is
defined as an eight-hour (8) workday.

2. If such Employees render less than a month of service, their


vacation allowance for such month shall be computed as follows:

Actual Straight Time Working Hours of Leave


Hours of Service

For 0 to 31 0
For 32 to 55 4
For 56 to 79 6
For 80 to 103 8
For 104 to 127 10
For 128 to 151 12
For 152 or more 14

The term "actual straight time hours of service" shall include paid holidays.

3. Individuals who are employed on a temporary, contractual or


substitute basis while on vacation from another position in the State
government or any political subdivision of the State shall not earn vacation
allowance for such employment.

4. Vacation allowance shall accrue to an Employee while on leave


with pay unless specifically prohibited by the Agreement.
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5. No vacation allowance shall accrue:

a. During the period of any vacation leave or sick leave granted


when the employment terminates or is to terminate at the end of such
leave;

b. During the period the Employee is on leave without pay,


except for the period on leave for disability and is being paid Workers'
Compensation therefore;

c. During any period of valid suspension which is sustained in


the event an appeal is made by the Employee;

d. During any period of unauthorized leave;

e. During any period the Employee is on educational leave; or

f. During any period of leave with pay pending investigation if


the Employee:

1) is subsequently discharged/dismissed;
2) resigns or retires prior to the discharge/dismissal; or
3) resigns or retires during the investigation.

6. Vacation for an Employee Serving a Provisional Appointment. An


Employee serving a provisional appointment shall not be entitled to a vacation
leave with pay. However, a provisional appointee shall be entitled to earn and
accrue vacation allowances during the term of provisional appointment and if
upon the termination of provisional appointment the Employee receives
probationary or limited term or permanent appointment in the same position,
the Employee shall be credited with the allowances earned and accrued during
the provisional appointment and if the Employee does not become such limited
term, probationary, or regular Employee, the vacation allowance shall be
automatically forfeited. It is provided, however, that a regular Employee who
receives a promotion through a provisional appointment shall be considered to
be a regular Employee and shall continue to earn vacation allowance.

7. Vacation for a Non-regular Employee Serving a Temporary


Appointment Outside the List (TAOL). A non-regular Employee serving on a
TAOL basis shall not be entitled to a vacation leave with pay. However,
whenever the duration of the TAOL is for longer than one year, including any
extensions granted for a specific appointment, the non-regular Employee shall
be entitled to (a) earn vacation leave beginning with the first month of the
second year in accordance with A.1. and A.2., and (b) use the vacation leave
accrued in accordance with the provisions of this Article. Whenever a non-
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regular Employee's TAOL is ended, any vacation leave accrued shall be
automatically forfeited.

B. Accumulation of Vacation Leave.

1. An Employee may accumulate up to twenty-one (21) days of


vacation leave per calendar year until the Employee accumulated the first
forty-two (42) days. Subsequently an Employee may accumulate not more
than fifteen (15) days of vacation leave per calendar year, even if the total
accumulated days fall below forty-two (42) days. However, vacation leave in
excess of fifteen (15) days per year may be accumulated for good cause when
a request for such accumulation is approved by the department head provided
such request shall be accompanied by a stipulation that the Employee shall
take such excess vacation days at a specified time. If the Employee fails to
take this vacation at the time stipulated, the Employee shall forfeit the excess
accumulation of vacation leave unless for good reason an extension of time is
granted by the department head.

2. Vacation leave shall be administered on a calendar year basis and


recorded at the end of each calendar year. After the end of each year, the
appointing authority will furnish each Employee with a statement of the
vacation leave credits remaining as of December 31.

3. Any Employee who is entitled to an annual vacation may


accumulate for the succeeding year or years such unused portion of vacation
allowance as is permitted above, provided that the total accumulation shall not
exceed ninety (90) working days at the end of the calendar year. If any
recorded accumulation of vacation allowance at the end of any calendar year
shall exceed ninety (90) working days, the Employee shall automatically forfeit
the unused vacation allowance which is in excess of the allowable ninety (90)
working days.

4. Nothing in this Article contained shall be construed to prohibit the


taking or to require the forfeiture, of any vacation which is validly granted and
the taking of which is commenced on or before the last working day of any
calendar year, notwithstanding that the recording of the current accrued
vacation allowance for such year on the last day thereof might result in an
accumulation of more than ninety (90) working days including the working days
of the vacation so granted and then being taken, but the period of such
vacation shall be regarded for all purposes as if the same had been entirely
taken on or before the last day of such calendar year.

5. Whenever the Employee's accumulated vacation credit exceeds


ninety (90) working days the Employee shall receive cash payment in lieu of
vacation to the extent of the excess if, upon investigation by the Comptroller of
the State or the respective county director of finance, it is found that the excess
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vacation credit resulted from the Employee's inability to be allowed vacation
time off because of orders of the appointing authority; otherwise the Employee
shall automatically forfeit the excess.

6. Whenever an Employee is unable to take scheduled vacation


because of illness, the Employee shall be permitted to reschedule the
Employee's vacation; however, if the duration of illness is such that the
vacation cannot be rescheduled within the calendar year and to protect against
the forfeiture of excess vacation, the Employee shall be permitted to substitute
vacation for sick leave or take such excess vacation immediately upon the
conclusion of such sick leave.

7. Nothing contained in this Article shall be construed to require the


forfeiture of vacation credits when an Employee terminates on or before the
last working day of the calendar year, notwithstanding the fact that the
recording of current accrued vacation for the year on the last day may result in
an accumulation of more than ninety (90) working days.

C. Taking Vacation Leave Granted.

1. When a vacation is requested on a proper application by an


Employee, it shall be granted and taken at such time or times as the
department head may designate, provided, that it shall be as close to the
requested period as conditions in the department will permit, and so as to
prevent any forfeiture of vacation allowance.

2. When a vacation is granted, it may include, in accordance with the


law and at the request of the Employee, all vacation allowance accrued up to
the end of the Employee's last full month of service immediately preceding the
commencement of the vacation. For non-regular Employees who earn
vacation allowance pursuant to A.7, the vacation granted may include, at the
request of the Employee, all vacation allowance accrued up to the
commencement of the vacation.

3. Whenever an Employee's vacation leave which has been


approved on the appropriate leave application form is rescinded, non-
refundable travel and lodging expenses incurred by the Employee shall be
reimbursed by the Employer.

4. No vacation leave of less than one (1) hour may be granted.


However, when payment in lieu of vacation is legally permissible, or when the
Employee's service will not continue at the expiration of the vacation, such
payment may include a prorated amount for any fraction of a working day of
vacation allowance to which the Employee is entitled.

D. Vacation Charged Only for Working Hours.


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1. Employees on vacation shall have charged against their vacation
allowances all working hours or fraction to the nearest 1/4 hour thereof which
occur during the period of the Employee's vacation.

2. Employees normally working eight-hour (8) days, other than


between the hours of 7:45 a.m. and 4:30 p.m. and/or other than between
Monday and Friday inclusive, shall have charged against their vacation
allowances only those hours or fraction to the nearest 1/4 hour thereof they
were scheduled to work or would have worked had they not taken vacations.

E. Priority of Scheduling Vacation Leave. Priority in scheduling


annual leave shall be given to Employees on the basis of seniority within the
office. The priority shall be rotated in descending order according to seniority
to assure that each Employee will receive priority scheduling at least once.

F. Recall from Vacation.

1. An Employee may be recalled to duty before the expiration of any


granted vacation when, in the opinion of the department head, the Employee's
services are required. In such event the Employee shall be paid for all work
performed at the rate of one and one-half (1 1/2) times the Employee's regular
rate of pay during such period the Employee is recalled from vacation and shall
be granted unused vacation days at a time mutually agreed upon.

2. An Employee who is summoned during vacation to serve as a


witness or juror in any judicial proceedings, except those which may involve or
arise out of the Employee's outside employment or personal business or
private affairs shall, if the Employee serves, be permitted to reschedule the
Employee's vacation for another mutually agreed upon time.

G. Advance Vacation. Advance vacation shall be granted only where


an Employee has exhausted all earned vacation allowance and is detained out
of the State of Hawai`i for a cause which the Employee establishes to the
satisfaction of the department head to be out of the Employee's control. An
Employee so detained shall immediately communicate with the department
head and request such advance vacation and, if the same is granted, it shall
be considered as taken with the express understanding that if such leave is not
later earned during the term of employment the unearned portion of the
vacation pay so advanced will be repaid, and on demand of the department
head to the Employer by the Employee or the Employee's executors and
administrators out of the Employee's estate, if the Employee is deceased, or
deductions may be made for such unearned portion from any salary due the
Employee, or from any monies in the annuity savings fund of the Employee's
retirement system of the Employer to the credit of the Employee.

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H. Effect of Transfer to Position in Which Vacation Allowance is Not
Earnable. When an Employee is transferred from or otherwise relinquishes
one position in which vacation allowance may be earned, and accepts
employment in another position in the service of the Employer in which
vacation allowance may not be earned, the Employee may be deemed, for
purposes of receiving pay in lieu of vacation, including any lapsed vacation in
excess of the maximum allowed, to have terminated services. But in the event
that the Employee is not eligible under the circumstances to receive pay in lieu
of vacation, the acceptance of such new employment shall not of itself have
the effect of forfeiting any vacation allowance to which the Employee is
entitled.

I. Pay for Vacation Allowance Upon Termination and When Moving


Between Jurisdictions of the State.

1. Whenever a termination of services takes place, the Employee is


to be paid, in accordance with Section 78-23, Hawai`i Revised Statutes, for
vacation allowance either in a lump sum or in the normal manner as provided
in subsection 2.

2. When payment in a lump sum is made to an Employee hired on or


before June 30, 1997, the sum payable for vacation allowance shall be equal
to the amount of compensation to which the Employee would be entitled or
which would be allowed during the vacation period if the Employee were
permitted to take the Employee's vacation in the normal manner. Whenever
an Employee is discharged for cause or when payment in a lump sum is made
to an Employee hired after June 30, 1997, the lump sum vacation allowance
payable shall be computed on the basis of the Employee's accumulated
vacation hours multiplied by the Employee's hourly rate of pay as of the
effective date of discharge or termination.

3. However, if the Employee is rehired within seven (7) calendar days


by the Employer and will continue to earn vacation allowance, such a payment
shall not be made.

4. When an Employee moves from one Employer jurisdiction to


another to accept employment in a position in which vacation allowance is
earned, the Employee shall be given credit for the vacation earned or
accumulated in the jurisdiction from which the Employee transferred, and the
director of finance of the State or the equivalent officers of the counties,
Judiciary, and the Hawai`i Health Systems Corporation, as the case may be,
shall make the appropriate transfer of funds to implement the transfer.
However, the Employee may request and receive payment of a portion of or all
of the Employee’s vacation credits accumulated up to the effective date of the
movement.

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5. An Employee who, pursuant to the U.S. Universal Military Service
and Training Act or other Federal statute is called or ordered and reports either
voluntarily or involuntarily for active military duty with a branch of the U.S.
Armed Forces shall be deemed to have terminated services for the purposes
of this Article. The Employee's choice of lump sum payment for vacation
allowance will not of itself cause the forfeiture of unused sick leave credits.

J. In the event that a vacation request is denied by the department


head, the Employee may request the reasons for the denial in writing be
furnished.

ARTICLE 36 - SICK LEAVE

A. Earning of Sick Leave.

1. All Employees shall earn sick leave at the rate of fourteen (14)
hours for each month of service. For the purpose of this Article, a workday is
defined as an eight-hour (8) workday.

2. If such Employees render less than a month of service, their sick


leave allowance for such month shall be computed as follows:

Actual Straight Time Working Hours of Leave


Hours of Service

For 0 to 31 0
For 32 to 55 4
For 56 to 79 6
For 80 to 103 8
For 104 to 127 10
For 128 to 151 12
For 152 or more 14

The term "actual straight time hours of service" shall include paid holidays.

3. Individuals who are employed on a temporary, contractual, or


substitute basis while on vacation from another position in the State
government or any political subdivision of the State shall not earn sick leave
allowance for such employment.

4. Except as hereinafter otherwise provided, sick leave allowance


shall accrue to an Employee while on leave with pay. No sick leave allowance
shall accrue:

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a. During the period of any vacation leave or sick leave granted
when the employment terminates or is to terminate at the end of such
leave;

b. During the period the Employee is on leave without pay


except for the period the Employee is on leave for disability and is being
paid Workers' Compensation therefore;

c. During any period of valid suspension which is sustained in


the event an appeal is made by the Employee;

d. During any period of unauthorized leave;

e. During any period the Employee is on educational or


sabbatical leave; or

f. During any period of leave with pay pending investigation if


the Employee:
1) is subsequently discharged/dismissed;
2) resigns or retires prior to the discharge/dismissal; or
3) resigns or retires during the investigation.

B. Accumulation of Sick Leave.

1. An Employee may accumulate the sick leave the Employee earns.


The unused sick leave accumulated shall be credited to the Employee's
account for subsequent use in the event of a sickness. Such unused sick
leave may be accumulated without limitation.

2. Sick leave shall be administered on a calendar year basis and


recorded at the end of each calendar year. After the end of each year, the
appointing authority will furnish each Employee with a statement of the sick
leave credit remaining as of December 31.

C. Notification of Sickness.

1. Notification of absence on account of sickness shall be given at


least thirty (30) minutes prior to the start of the Employee’s scheduled workday
or if impracticable as soon thereafter as circumstances permit. However, in
operations where Employees on a shift normally relieve Employees on the
previous shift, notification of absence shall be given at least two (2) hours prior
to the start of the Employee’s scheduled shift, except in extenuating
circumstances whereby an Employee is unable to provide such notice.

2. If, in the opinion of the department head, such notification has not
been given in accordance with this Article, such absence may, in the discretion
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of the department head, be charged to vacation allowance or leave without
pay.

D. Application for Sick Leave.

1. Application for sick leave shall be filed on a form prescribed by the


Employer or designee, within five (5) working days after return to duty;
provided, that in the event such Employee dies before that time or before
returning to duty, the Employee's executor or administrator or department head
if deemed proper may file such application within six (6) months after the
Employee's death. Sick leave shall not be granted unless it is provided to the
satisfaction of the department head that the Employee's absence from work
was necessary because of sickness.

2. The department head shall require the Employee to submit a


licensed physician's certificate for absences of five (5) or more consecutive
working days to substantiate the fact that the period of absence was due
entirely to sickness and that the Employee is physically and/or mentally able to
resume the duties of the position. The department head may require the
Employee to be examined by a physician of said department head's choice
provided the department assumes the cost of the physician's services.

3. Absence due to sickness lasting less than one (1) hour shall not
be charged to sick leave when such sickness occurs during the final hour of
work and the Employee is released from work.

4. Upon application by the Employee, sick leave when granted may


include all sick leave allowance as of the last full month of service immediately
preceding the return to duty from sick leave, or as much thereof as is needed,
to permit the Employee to recover from the sickness.

E. Sick Leave Charged Only for Working Hours.

1. Employees absent from work on account of sickness, shall have


charged against their sick leave allowance all working hours which occur
during such absence.

2. Employees normally working eight-hour (8) days, other than


between the hours of 7:45 a.m. and 4:30 p.m. and/or other than between
Monday and Friday inclusive, shall have charged against their sick leave
allowances only those hours they were scheduled to work or would have
worked had they not taken sick leave.

F. Additional Sick Leave With Pay. Additional sick leave with pay, in
excess of that which the Employee is entitled to, may be granted with the

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written approval of the Employer provided that due consideration shall be given
to the length of service of the particular Employee requesting the leave.

G. Use of Cumulative Sick Leave Allowance after Transfer Between


Departments. When an Employee resigns from a position to accept a position
in another department of the Employer as the result of a transfer (including
promotion, demotion, or original appointment) or in case of any other
movement from one department to another of the Employer, the Employee
shall not thereby forfeit any unused accumulated sick leave allowance credit in
the department from which the Employee was transferred or moved. If, after
the date of such transfer, the Employee uses any or all of such cumulative sick
leave credit the appropriation of the department to which the Employee is
transferred shall bear the entire charge thereof. In no event, shall the
appropriation of the department from which the Employee was transferred or
moved be charged for any cumulative sick leave taken after the date of
transfer or movement.

H. Credit for Sick Leave during Vacation. When sickness lasting one
or more consecutive working days occurs during a vacation, the period of
sickness shall, upon submittal of a licensed physician's certificate or other
satisfactory proof of such sickness as deemed necessary by the department
head, be charged as sick leave, and the charge against vacation allowance
shall be reduced accordingly. Application for such substitution of sick leave for
vacation shall be made within five (5) working days upon return to work.

I. Sick leave shall be allowed for medical, dental, optical, and


optometrical examination appointments which the Employee cannot schedule
for non-work time.

J. Sick leave shall be allowed for temporary disabilities as defined


under the Equal Employment Opportunity Commission Guidelines, Title 29,
Chapter XIV, Section 1604, of the Code of Federal Regulations.

K. Physical examinations required by the Employer shall not be


charged against an Employee's sick leave.

L. An Employee who is laid off pursuant to Article 9 Reduction-in-


Force, shall retain accumulated sick leave credits for the period that the
Employee's name remains on the recall list. If the Employee is recalled to work
pursuant to Article 9, the Employee shall be credited with all accumulated sick
leave credits retained.

M. Sick Leave upon Separation from Service.

1. Upon separation from service, an Employee shall forfeit all sick


leave allowance accrued and accumulated to the date of the separation except
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as otherwise provided by Chapter 88, Hawai`i Revised Statutes. This
paragraph shall not be construed to provide for the forfeiture of sick leave
accumulation when the Employee is granted leave without pay, including
military leave, or is rehired by the Employer within seven (7) calendar days.

2. When an Employee moves from one Employer jurisdiction to


another to accept employment in a position in which sick leave allowance is
earned, the Employee may request and be allowed to transfer any unused sick
leave credits accumulated at the time of movement. Any sick leave credit
used after the effective date of the movement shall be charged to the
appropriation of the receiving Employer.

ARTICLE 36A – FAMILY LEAVE

A. Employee entitlement to state family leave is set forth in Chapter


398, Hawai`i Revised Statutes. Accrued vacation leave and/or sick leave may
be substituted for any part or all of the allowable state family leave up to a
maximum of four (4) weeks per designated twelve (12) month period.

B. Employee entitlement to federal family leave is set forth in the


Family and Medical Leave Act of 1993.

C. Administration and enforcement of the state and federal family


leave provisions shall be in accordance with applicable laws and regulations.
Appeals with regard to state and federal family leave shall be filed with the
appropriate state and/or federal agencies who are responsible for administering
and enforcing the respective provisions mentioned herein, i.e., State of Hawai`i
Department of Labor and Industrial Relations or the United States Department
of Labor, Wage and Hour Division. Appeals shall not be filed through the
grievance procedure found in the collective bargaining agreement, unless a
representative of the applicable state or federal agency first determines that the
agency does not have jurisdiction over the administrative appeal because the
appeal concerns the interpretation/application of this Article.

ARTICLE 37 - FUNERAL LEAVE

A. Employees covered under this Agreement shall be allowed three


(3) working days as funeral leave with pay which shall not be deducted from
any other leave to which the Employee may be entitled. Funeral leave shall be
granted on such days as designated by the Employee provided they fall within
a reasonable period of time after a death in the immediate family.

B. For the purpose of this Article immediate family is defined as:


parents, brothers, sisters, spouses/reciprocal beneficiaries, children, parents-
in-law, grandparents, grandchildren, or an individual who has become a
member of an immediate family through the Hawaiian "Hanai" custom.
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Provided, however, an individual affected by the "Hanai" relationship shall be
entitled to utilize funeral leave only for those members of the Employee's
immediate family resulting from the "Hanai" relationship. Provided further that
funeral leave with pay can only be used for one mother and one father
regardless of whether the parent relationship is natural, hanai, step or legal
guardians. “Reciprocal beneficiary,” for purposes of this Article, means two
adults who meet the requirements of HRS 572C-4 and who have registered
their reciprocal beneficiary relationship pursuant to HRS 572C-5. “Reciprocal
beneficiary” is further defined to mean that individual the Employee has
selected as the Employee’s life partner in lieu of a spouse.

C. Hanai/natural parents not covered in B. above; son- and


daughters-in-law and great grandparents relationship. An Employee shall be
entitled to use up to three (3) days of vacation leave or compensatory time off
for the death of hanai/natural parents not covered in B. above, son- or
daughter-in-law, great grandparent. Vacation leave or compensatory time off
shall be granted on days designated by the Employee provided they fall within
a reasonable period of time after the death.

D. If the death or funeral occurs outside the State of Hawai`i, the


Employee shall be granted, upon request, a reasonable number of additional
days of accumulated vacation leave, compensatory time off, or leave without
pay for travel to attend the funeral, or to make necessary arrangements for a
funeral in the State of Hawai`i.

ARTICLE 38 - LEAVE FOR JURY OR WITNESS DUTY

A. An Employee covered by the terms of this Agreement, if


summoned to serve as a witness or juror in any judicial proceedings except
those which may involve or arise out of the Employee's outside employment or
personal business or private affairs shall, if the Employee serves, be entitled to
leave of absence with pay.

B. An Employee who serves as a witness or as a juror, and who


receives a fee or mileage allowance shall not suffer the loss of such monies or
have it offset against the Employee's salary account.

C. An Employee called to serve as a witness in a case which may


involve or arise out of the Employee's outside employment or personal
business or private affairs shall not be entitled to leave of absence with pay as
provided in paragraph (A) above, provided that the Employee shall be entitled
to use annual vacation leave or elect to take leave without pay.

D. In the event that an Employee on the evening or midnight shift


and/or work schedule other than Monday through Friday is required to serve on
a jury, the Employer shall place such an Employee on the day shift if such a
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shift exists and/or on the Monday through Friday work schedule for the
duration of the jury duty. The Union and the Employer agree that whenever
such a change is made, adjustments in shift assignments and work schedules
of all affected Employees including the Employee serving on jury duty shall not
result in any claims for overtime except as provided in Article 23, B.1., B.2.,
and B.4.

ARTICLE 39 - TIME OFF FOR BLOOD DONATION

Employees shall be granted a reasonable amount of time off with pay to


donate blood to the Blood Bank.

ARTICLE 40 - OTHER LEAVES OF ABSENCE

A. Leave Without Pay to Work at the State Legislature. With the


approval of the chief executive, and upon request of a member of the State
Legislature, a regular Employee may be granted a leave of absence without
pay to render service at the State Legislature. The leave without pay shall be
for a duration of no more than twelve (12) months. The Employee shall have
return rights as provided in paragraph I.

B. Leave Without Pay to Delay a Reduction-In-Force. A regular


Employee may be granted a leave of absence without pay for no more than
twelve (12) months in order to delay a planned layoff when the position which
the Employee occupies has been abolished. If the Employee has not been
placed at the expiration of the twelve (12) month period, the Employee shall be
subject to Article 9, Reduction-In-Force.

C. Leave Without Pay for Employees Serving Temporary Inter-


governmental and Intragovernmental Assignments and Exchanges. Subject
to the provisions of section 78-27, Hawai`i Revised Statutes, Employees on
temporary intergovernmental and intragovernmental assignments and
exchanges may be granted leaves without pay. The Employee shall have the
same rights and benefits as any other Employee of the sending agency who is
on leave without pay status.

D. Educational Leave Without Pay. An appointing authority may


grant a leave without pay to regular Employees for any of the following
reasons:

1. To pursue a course of instruction which is related to the


Employee's field of work;

2. To engage in research which has a beneficial effect on the skills or


knowledge required in the Employee's field of work; or,

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3. To improve the Employee's ability and increase the Employee's
fitness for public employment.

The duration of the educational leave without pay shall be for no more
than twelve (12) months. For good cause, as determined by the appointing
authority, educational leave without pay may be extended an additional twelve
(12) months. The Employee shall have return rights as provided in paragraph
H.

E. Industrial Injury Leave.

1. An Employee may be granted leave without pay not to exceed


twelve (12) months, provided the Employee is receiving workers'
compensation wage loss replacement benefits.

2. An Employee may be granted additional leave without pay in


twelve (12) month increments, provided the Employee is receiving workers'
compensation wage loss replacement benefits or provided the Employee's
application for retirement is pending determination by the State Retirement
System.

F. Leave Without Pay to Work in Certain Appointive Positions.

1. An appointing authority may grant a leave without pay to a regular


Employee to render services as a department head, agency head, deputy
department head, as a secretary to a department head or a deputy department
head, or as an appointee to any other position within the jurisdiction that is
mutually agreeable between the Employer and the Union. The Employer shall
compile a list of the appointive positions to which this section applies and
maintain its currency.

2. The rights of an Employee who is released from the above


appointments are as follows:

a. Upon completion of no more than four (4) years of the leave


without pay, reinstatement in the position in which the Employee last
held a permanent appointment. In the event the Employee is retained
beyond these four (4) years for the transition to a new chief executive's
term, but for not more than three (3) months, the Employee shall retain
the reinstatement right to the Employee's former civil service position.

b. Following more than four (4) years of leave without pay,


reinstatement to the Employee's former position if vacant or placement
in a comparable vacant position.

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c. Upon reinstatement in the former position or placement in
another comparable position, compensation shall be as though the
Employee had remained continuously in the position.

G. Other Leaves Without Pay. An appointing authority may grant


regular or non-regular Employees leaves without pay for no more than twelve
(12) months, for any of the following reasons:

1. To recuperate from physical or mental illnesses; provided, for


leaves without pay of five (5) days or more, an Employee shall submit a
licensed physician's certificate to substantiate the fact that period of leave
without pay was due entirely to sickness and that the Employee is physically
and/or mentally able to resume the duties of the Employee's position.
However, the Employer may require an Employee to submit a licensed
physician’s certificate from the first day of absence without pay.

2. Death in the family.

3. To extend an annual vacation leave for travel, rest, or for


recreation purposes.

4. To seek political office.

5. Personal business of an emergency nature.

6. Annual periods of temporary cessation of normal operation.

7. Child or pre-natal care.

8. Child adoption leave.

9. Care for an immediate family member (as defined in Article 37 -


Funeral Leave) who is ill or injured.

10. Care for parents, spouse, children and/or grandparents who are
unable to perform one or more Activities of Daily Living (ADL). Typical
Activities of Daily Living include the following:

a. Mobility: Walking or wheeling any distance on a level


surface.

b. Transferring: Moving between the bed and a chair or the


bed and a wheelchair.

c. Dressing: Putting on and taking off all necessary items of


clothing.
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d. Toileting: Getting to and from the toilet, getting on and off
the toilet, and associated personal hygiene.

e. Eating: All major tasks of getting food into the body.

f. Bathing: Getting into or out of a tub or shower and/or


otherwise washing the parts of the body.

g. Continence: Controlling one's bladder and bowel functions.

H. Return Rights from a Leave Without Pay. Except as specifically


provided otherwise in this Article, an Employee granted leave without pay
under this Article shall, upon condition of showing to the satisfaction of the
appointing authority that the Employee has fulfilled the purpose of the leave,
shall have the following rights:

1. A regular Employee, upon expiration of the leave shall be


reinstated to the Employee's former position; provided, that if such position has
been abolished during the period of such leave, the provisions of Article 9,
Reduction-In-Force shall be applicable.

2. A non-regular Employee, upon expiration of the leave shall have


reinstatement rights to the Employee's former position, provided that the status
and function of the position remained the same in the Employee's absence. In
the event that the Employee cannot be reinstated, the Employee shall be
terminated.

3. Failure of an Employee to return to duty at the expiration of the


leave shall be deemed a resignation; provided that if within fifteen (15) days of
the expiration of the leave, the Employee furnishes satisfactory reasons to the
appointing authority as to why the Employee was unable to return immediately
after the expiration of the leave, the Employee shall be entitled to such rights
as the Employee had at the expiration of the leave. In the event the appointing
authority does not accept the reasons, the issue of the reasonableness of the
reasons shall be subject to the provisions of Article 11, Grievance Procedure.

I. Other Rights and Conditions.

1. A regular Employee on an approved leave of absence shall be


eligible during the period on such leave for promotional examinations and
status of promotional eligible lists under the same conditions as though in
active service.

2. An Employee who accepts employment, either in another position


under civil service or in conflict with the purpose of the leave during the leave
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of absence, shall be deemed to have resigned from the Employee's position
from which the leave was granted, effective the date of the appointment to the
other position.

J. Unauthorized Leave. Any absence from work which does not


meet the requirements for an authorized leave, with or without pay, shall be
charged as unauthorized absence from work. Any period of unauthorized
absence from work shall not be considered as service rendered.

K. Leave Pending Investigation of Charges.

1. Whenever an investigation of charges against an Employee is


pending and the Employee's presence at the work site is deemed by the
Employer to be detrimental to the proper conduct of the investigation or the
operations of the work place, the Employee may be placed on a leave of
absence without pay pending investigation subject to the following:

a. The Union and the Employee who is placed on the leave


without pay pending an investigation shall be given written notice within
forty-eight (48) hours after such action is taken. The written notice shall
provide an explanation, including available facts, on why the Employee's
presence at the work site is deemed by the Employer to be detrimental
to the proper conduct of the investigation or the operations of the work
place and the effective date of the leave of absence without pay pending
an investigation.

b. The period of leave of absence without pay pending an


investigation shall be for such length of time as may be necessary to
conclude the investigation, but not exceeding thirty (30) days. In the
event the investigation exceeds thirty (30) days, the appointing authority
may exercise its options provided in subparagraph K.2.

c. If the Employee who has been placed on leave of absence


without pay pending investigation is cleared of all charges or if the
charges are dropped or not substantiated, the Employee shall be
reinstated without loss of pay and all rights and benefits will be restored
as though the Employee had not been on leave of absence without pay
pending an investigation.

d. Disciplinary or Discharge Action Resulting From an


Investigation of Charges.

1) In the event a suspension is warranted, the Employer


may consider any portion of the period of the leave of absence
without pay pending an investigation towards fulfilling, in whole or
in part, the disciplinary action considered appropriate by the
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Employer. The Employee shall be reinstated without loss of pay
and benefits for any portion of the period of the leave of absence
without pay which has not been considered towards fulfilling the
disciplinary action.

2) In the event a discharge is warranted, the Employee


shall not be granted any back pay or restored with any rights and
benefits for the period of the leave of absence without pay pending
an investigation.

2. Notwithstanding the foregoing, whenever an investigation of


charges against an Employee is pending, the Employer shall have the
discretion to:

a. retain the Employee in active duty status;

b. place the Employee on leave of absence with pay;

c. return the Employee to active duty status from leave without


pay pending an investigation; or,

d. reassign the Employee to another work unit or area and in


the same or different capacity.

The action shall be for the length of time as may be necessary to


conclude the investigation.

ARTICLE 41 - LEAVE FOR INDUSTRIAL INJURY

A. Whenever an Employee who is temporarily exposed to unusually


hazardous conditions, or who is a member of a class recognized by the action
of repricing to be a class exposed to unusually hazardous conditions, receives
personal injury arising out of the unusually hazardous conditions and in the
performance of the Employee's duty, the Employee shall be placed on
accidental injury leave unless suspended or dismissed for cause, and
continued on the payroll of the respective department at the Employee's full
regular monthly salary during the first four (4) months of disability and
thereafter during the period of total disability from work at sixty percent (60%)
of the Employee's regular monthly salary, as though the Employee did not
sustain an industrial injury. The Employee shall be entitled to all rights and
remedies allowed under Chapter 386, Hawai`i Revised Statutes, as amended,
provided that any salary paid under this section shall be applied on account of
any compensation allowed the Employee under Chapter 386, Hawai`i Revised
Statutes, as amended, or any benefits awarded the Employee under Part III of
Chapter 88, Hawai`i Revised Statutes, as amended.

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B. No accidental injury leave shall be granted for an injury incurred by
an Employee by the Employee's willful intention to injure oneself or another or
by the Employee's intoxication.

ARTICLE 42 - MILITARY LEAVE

A. Military Leave With Pay.

1. Employees whose appointment is for six (6) months or more shall,


while on active duty or during periods of camps of instruction or field
maneuvers as members of the Hawai`i national guard, air national guard,
naval militia, organized reserves, including the officers' reserve corps and the
enlisted reserve corps, under call of the President of the United States or the
governor of the State, be placed on leave with pay status for a period not
exceeding fifteen (15) working days in any calendar year, except as provided in
subparagraph A.2. No such person shall be subjected by any person, directly
or indirectly, by reason of absence to any loss or diminution of vacation or
holiday privileges or be prejudiced by reason of the absence with reference to
promotion or continuance of employment or reemployment.

2. If an Employee is called to active duty or required to report for


camp training or field maneuvers by official military orders a second time within
a calendar year, the Employee may elect to use up to fifteen (15) working days
of the succeeding calendar year; provided that the Employee's entitlement to
the working days advanced shall be canceled from the succeeding calendar
year, and the Employee shall so agree in writing. The Employee who is
advanced leave shall be required to reimburse the Employer an amount
equivalent to the days advanced in the event the Employee leaves government
employment prior to completion of a year's service in the succeeding year from
which leave was advanced, except in the case of death of the Employee.

B. Military Leave Without Pay.

1. Employees shall be entitled to military leave without pay for


service in the United States Armed Forces.

2. The duration of military leave without pay shall not exceed five (5)
years provided that Employees whose period of employment is less than five
(5) years, the military leave without pay shall not exceed the specified period of
employment.

3. Upon conclusion of the military leave without pay, Employees shall


have reemployment rights in accordance with Chapter 43 of Title 38 of the
United States Code.

4. Replacements for Employees on Military Leave Without Pay.


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a. In filling a position which became vacant by military leave
without pay, the appointing authority may appoint a replacement
Employee and shall inform the replacement the status of the
replacement's employment and the provisions of this Agreement relating
to military leaves without pay.

b. A replacement employed in the position from which military


leave was granted shall be displaced so that the position may be filled
again by the former Employee returning to government employment.
Replacement Employees with regular status shall be returned to their
former positions or other comparable positions deemed appropriate by
the director of personnel services. In the event there are no such
positions, the replacement Employees shall be subject to Article 9,
Reduction-In-Force.

5. Administration and enforcement of the provision relating to military


leave without pay shall be in accordance with applicable laws and regulations.

a. Appeals with regard to military leave without pay shall be


filed with the Federal Department of Labor who is responsible for
administering and enforcing the respective provisions covering military
leave without pay.

b. Appeals relative to military leave without pay shall not be


filed through the grievance procedure found in the collective bargaining
agreement.

C. Leave for Pre-Induction Examination. An Employee who is absent


from
work for the purpose of undergoing physical examination prior to induction into
the United States Armed Forces shall be granted leave with pay for such
purpose, and the leave shall not be charged against the Employee’s vacation
allowance.

ARTICLE 43 - KALAUPAPA TRAIL

A. Employees of Kalaupapa Settlement whose permanent residence


is on the topside of Moloka`i and who are provided quarters in Kalaupapa as a
matter of convenience will be granted one (1) of the following choices:

1. Three (3) round trips by air to topside (Moloka`i Airport) per month,
or

2. One (1) hour travel pay for traveling down the trail once a week
and one (1) hour travel pay for traveling up the trail once a week. Travel time
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will not be included as hours worked for the determination of total hours
worked or for overtime determination.

B. Employees covered under Paragraph A must declare their monthly


choice to the Employer before the start of each month. In any month, if an
Employee elects to travel by trail the Employee will not be able to enjoy the
benefits of travel by air until the next month, or vice versa.

C. Employees of Kalaupapa Settlement whose permanent residence


is in Kalaupapa will be granted one (1) round trip by air to topside (Moloka`i
Airport) per month. In lieu of three (3) monthly round trips topside, Employees
who are permanent residents of the Settlement shall be granted one (1)
intrastate round trip by air each quarter of the calendar year. Accumulated
intrastate round trips must be taken within the calendar year in which the trips
were earned.

D. Travel pay will be computed at the Employee's straight time pay.

ARTICLE 44 - TRAVEL

A. Applicable rules, ordinances, and policies. Except as modified by


this Article, Chapter 3-10, Hawai`i Administrative Rules, in the case of the
State, and applicable rules, regulations, ordinances, or policies, in the case of
the county jurisdictions, shall remain applicable for the duration of this
Agreement.

B. Travel occurring on same island. When an Employee is required


to work in locations which make it impracticable and undesirable to return
home at the end of a workday, with prior approval one (1) of the following shall
apply:

1. If commercial lodging is utilized, the Employee shall be paid a


travel allowance pursuant to paragraph D.

2. If commercial lodging is not available, such as in mountainous or


other remote areas, the Employer shall provide cabins or tentage and needed
camping supplies and equipment. At the Employee's option, the Employer
shall also provide adequate stores of food or pay the Employee twenty dollars
($20.00) per day in lieu thereof. The twenty dollars ($20.00) per day shall be
applicable for each twenty-four (24) hour period or portion thereof, calculated
from the beginning of the Employee’s work day until the Employee’s return to
the Employee’s permanent workplace from the mountainous or other remote
area.

3. If non-commercial lodging is available, the Employer shall have


the option to select such lodging for the Employee’s use. At the Employee’s
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option, the Employer shall also provide adequate stores of food or pay the
Employee twenty dollars ($20.00) per day in lieu thereof. The twenty dollars
($20.00) per day shall be applicable for each twenty-four (24) hour period or
portion thereof, calculated from the beginning of the Employee’s work day until
the Employee’s return to the Employee’s permanent workplace from the non-
commercial lodging.

C. Off-island travel to mountainous or other remote areas.

1. Whenever an Employee is required to travel on official business to


mountainous or other remote areas where no commercial lodging is available,
the Employer shall provide cabins, tentage, or shall arrange for lodging within
available facilities, and shall provide adequate stores of food or pay the
Employee twenty dollars ($20.00) per day in lieu thereof.

2. Notwithstanding the provisions of this paragraph, a mutual


agreement may be arranged among Employees with the Employer to provide
for per diem expenses pursuant to paragraph D in lieu of this paragraph.

D. Intra-state travel.

1. When an Employee is required to travel on official business to


another island, the Employee shall be provided with a per diem of ninety
dollars ($90.00) per twenty-four (24) hour day.

2. In the case of official travel time involving a fraction of a day, the


allowable claim shall be in terms of quarter-day periods with the quarter day
periods measured from midnight. In computing the amount of per diem, the
official travel time shall begin one (1) hour before the scheduled flight
departure time and shall end upon the return to the Employee's home airport.
This computation shall be applicable to all trips, except one-day trips (leaving
and returning on the same day). In the case of one-day trips, the Employee
shall be entitled to a meal allowance of twenty dollars ($20.00) in lieu of per
diem.

3. When authorized leave is added before or after the official travel,


the per diem amount shall be the same as that which would have been
allowed if the authorized leave had not been taken.

E. Out-of-state travel.

1. When an Employee is required to travel on official business to


areas outside the State of Hawai`i, the Employee shall be provided a per diem
of one hundred forty-five dollars ($145.00) per twenty-four (24) hour day.

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2. In the case of official travel time involving a fraction of a day, the
allowable claim shall be in terms of quarter-day periods, with the quarter-day
periods measured from midnight. In computing the amount of per diem, the
official travel time shall begin no later than twenty-four (24) hours prior to the
time the Employee is to be at work at the out-of-state destination. The
Employee shall be scheduled to arrive at the out-of-state destination
(applicable airport) at least ten (10) hours before reporting for duty. The official
travel time shall end upon the return to the Employee's home airport. All
calculations will be based on Hawaiian Standard Time.

3. When an authorized leave is added before or after the official


travel, the per diem amount shall be the same as that which would have been
allowed if the authorized leave had not been taken.

F. Reimbursement for commercial lodging expenses in excess of the


lodging allowance.

Included in the per diem rate designated in paragraphs D and E shall be


a daily allowance for commercial lodging except for one-day trips. For intra-
state travel, this lodging allowance shall be fifty dollars ($50.00) per twenty-four
(24) hour day. For out-of-state travel, this allowance shall be eighty-five dollars
($85.00) per twenty-four (24) hour day.

Whenever an Employee's commercial lodging cost exceeds the


applicable lodging allowance, the Employee shall be entitled to an additional
amount added to the Employee's per diem. This amount shall be equal to the
difference of the actual daily cost of commercial lodging and the applicable
allowance provided herein, multiplied by the number of days spent on
commercial lodging. Unless otherwise waived by the Employer, request for
commercial lodging expenses in excess of the lodging allowance shall be
made in advance of the Employee's trip.

G. Advanced per diem and reimbursements.

Whenever possible, an Employee shall receive advanced per diem for


official travel. The Employer shall reimburse Employees who request
reimbursement for excess lodging expenses as soon as possible.

H. Furnished meals and lodging.

When lodging or meals are provided at no cost to the Employee, the


Employer shall continue its existing practices in adjusting the per diem
amounts. However, the per diem allowance provided herein shall not be
adjusted when meals are included in conference programs.

I. Mileage reimbursement.
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1. The term "vehicles" as used in this paragraph only applies to
automobiles, trucks, vans, or buses.

2. Employees who are authorized to use their private vehicles to


carry out their duties and responsibilities shall be reimbursed at the standard
mileage rate prescribed by the Internal Revenue Service for each mile traveled
for business purposes.

3. Employees who are presently being provided automobile


allowance for the required use of their private vehicles in the performance of
their official duties shall continue receiving such allowance, provided that the
amount of the allowance may be modified through a separate memorandum of
agreement mutually agreed to by the Union and the Employer concerned.
However, the allowance shall be terminated when the Employer no longer
requires the Employees to use their private vehicles in the performance of their
official duties.

4. Mileage reimbursement to and from home to work site shall be


allowed for all call back work and for overtime work on scheduled days off and
holidays, except for Employees whose normal work hours include the holiday.

ARTICLE 45 - ALTERNATIVE WORK SCHEDULES

The Union may present alternative work schedules for an office, program
or work unit, for the Employer's consideration. If a proposal for alternative
work schedule is considered and approved by the Employer, a memorandum
of understanding shall be entered into between the Union and the Employer.

If the Union believes that the denial of the Union's proposal for an
alternative work schedule is arbitrary and capricious, the Union may process a
grievance in accordance with Article 11 - Grievance Procedure, provided such
grievance shall not be subject to the provisions of Step 4 - Arbitration.

ARTICLE 46 - ROYAL HAWAIIAN BAND

Notwithstanding any other provisions of this Agreement to the contrary,


policies and practices relating to hours of work, compensation, and vacation of
the Royal Hawaiian Band which are mutually agreed in writing by the Employer
and the Union shall be retained and be made a matter of record and filed with
the Employer and the Union.

ARTICLE 47 - METER READERS

Notwithstanding any other provisions of this Agreement to the contrary,


policies and practices relating to hours of work of the meter reading personnel
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of the Board of Water Supply, City and County of Honolulu, which are mutually
agreed in writing by the Employer and the Union shall be retained and made a
matter of record and filed with the Employer and the Union.

ARTICLE 48 - EDUCATIONAL ASSISTANTS

Notwithstanding any other provisions of this Agreement to the contrary,


policies and practices relating to hours of work, compensation, and vacation of
the Educational Assistants which are mutually agreed in writing by the
Employer and the Union shall be retained and made a matter of record and
filed with the Employer and the Union.

ARTICLE 49 - PARKING

A. Parking Rates.

1. This paragraph shall apply only to Employees under the following


conditions:

a. The Employee is required to provide a personal vehicle for


work purposes as a condition of employment as determined by the
Employer; and

b. The Employee parks at a parking facility under the


jurisdiction of the State Department of Accounting and General Services
or the City and County of Honolulu Building Department.

2. Parking rates for Employees covered by this paragraph shall be as


follows:

STATE OF HAWAI`I

Island of O`ahu

Covered Parking $12.50/month


Uncovered Parking 7.50/month

Neighbor Islands

Covered Parking $ 7.50/month


Uncovered Parking 5.00/month

CITY AND COUNTY OF HONOLULU

All Parking $ 7.50/month

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B. It is understood and agreed that Employees who are required to
provide a personal automobile as a condition of employment and who are
parking in commercial parking facilities shall be offered a parking assignment
in a DAGS or City Building Department facility, as applicable, and as space
becomes available. Until such time that the Employer can offer such parking
assignment, the Employer agrees to reimburse each Employee a monthly sum
as follows:

STATE OF HAWAI`I

Island of O`ahu

Covered Parking $12.50/month


Uncovered Parking 7.50/month

Neighbor Islands

Covered Parking $ 7.50/month


Uncovered Parking 5.00/month

CITY AND COUNTY OF HONOLULU

All Parking $ 7.50/month

Any Employee who declines an offer to park in a DAGS or City Building


Department facility shall not be entitled to the reimbursement.

C. It is further understood and agreed that Employees who are


required to provide a personal automobile as a condition of employment and
who presently are not charged for parking shall continue to receive free
parking, unless their conditions of employment are changed.

ARTICLE 50 - MISCELLANEOUS

A. The Employer agrees to furnish a copy of the Agreement together


with any letter which may be furnished by the Union outlining its collective
bargaining services and membership information to all new Employees of the
bargaining unit.

B. The Employer shall either reimburse the Employee for the


reasonable value, or pay for the actual cost of repair, of personal clothing,
prescription glasses, and watches which are maliciously damaged or
destroyed by another person or animal while the Employee is acting in the
discharge of the Employee's duties and without negligence.

The Employer's liability shall be limited to fifty dollars ($50) for watches.
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C. The Employer shall provide the Union upon request, not more than
twice each year, lists showing the names of all Employees, their classification
titles, their department, and the most recent dates of continuous hire in the
jurisdiction.

D. Mileage reimbursement to and from home to work site shall be


allowed for all call back work and for overtime work on scheduled days off and
holidays, except for Employees whose normal work hours include a holiday.

E. Wherever the Employer deems it feasible, the Employer may allow


Employees to work staggered or flexible hours. Employee participation in such
program shall be on a voluntary basis. The Employer shall consult the Union
prior to the implementation of a staggered or flexible hours program.

F. A School Administrative Services Assistant who has been


downgraded due to class formula shall be given priority in lateral transfer
privileges in the higher grade prior to the downgrade before any other School
Administrative Services Assistant. If there is more than one downgraded
School Administrative Services Assistant, the priority shall be in descending
order with the School Administrative Services Assistant who has been
downgraded the longest first.

G. Section 78-12, Hawai`i Revised Statutes, relating to “salary


withheld for indebtedness to the government” which also covers salary
overpayment shall apply to affected Employees.

ARTICLE 51 - NO STRIKE OR LOCKOUT

A. The Union agrees that during the life of this Agreement the Union,
its agents or its bargaining unit members will not authorize, instigate, aid or
engage in any work stoppage, slow down, sickout, refusal to work, picketing or
strike against the Employer.

B. The Employer agrees that during the life of this Agreement, there
will be no lockout.

C. Any violation of this Article by the Union or the Employer shall not
be subject to Article 11, Grievance Procedure, and either party may pursue
such legal remedies as provided by law.

D. Disciplinary action taken against an Employee for violation of this


Article shall be subject to Article 11, Grievance Procedure.

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ARTICLE 52 - DRUG AND ALCOHOL TESTING

The Union and Employer have reached an agreement on alcohol and


controlled substance testing. Part one of the agreement pertains to alcohol
and controlled substance testing for all Employees based on “reasonable
suspicion.” Part two of the agreement pertains to “random” alcohol and
controlled substance testing for certain identified health, safety and public trust
(HSPT) Employees. The agreement has an attached list of identified HSPT
positions.

The agreement is intended to keep the workplace free from the hazards
related to the use of alcohol and controlled substances by the testing program.
Employees are expected to report to work in a physical and mental condition
consistent with this agreement which enables them to perform their duties in a
safe and productive manner. Employees subject to alcohol and controlled
substance tests and who are subject to disciplinary action shall be afforded
“due process” as provided in the alcohol and controlled substance testing
agreement and applicable provisions of the collective bargaining agreement.

All health, safety and public trust Employees will receive a copy of the
“random” alcohol and controlled substance agreement from the Employer. All
other Employees will receive a copy of the “reasonable suspicion” alcohol and
controlled substance agreement from the Employer. Employees may also
request a copy of the alcohol and controlled substance agreement from the
Union.

NOTE: The agreement reflects a “two strikes and you’re out” disciplinary action
schedule for confirmed positive tests for alcohol and controlled substance that
was negotiated through a memorandum of agreement and ratified by
Employees in the bargaining unit.

ARTICLE 53 - SALARIES

A. The salary schedule in effect on June 30, 2009 shall be


designated as Exhibit A.

B. Subject to the approval of the respective legislative bodies and


effective July 1, 2013:

1. The salary schedule designated as Exhibit A shall be amended to


reflect the addition of a Step M for each respective salary range. The pay rate
for Step M shall be four percent (4%) greater than the Step L pay rate for each
salary range and such amended schedule shall be designated as Exhibit B.
The required years of service to move to Step M shall be three (3) years at
Step L.

Unit 03
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2. Notwithstanding Paragraph O. of Article 14, Compensation
Adjustment, all Employees who are employed as of June 30, 2013 shall
receive a step movement on July 1, 2013.

3. No employee shall receive more than one (1) step movement


during the period July 1, 2013 through June 30, 2015.

4. Employees who are employed as of June 30, 2013 and not


administratively assigned to the salary schedule shall receive a one-time lump
sum payment of one thousand five hundred ($1,500) dollars.

C. Subject to the approval of the respective legislative bodies and


effective July 1, 2014:

1. The salary schedule designated as Exhibit B shall be amended to


reflect a four percent (4%) increase and such amended schedule shall be
designated as
Exhibit C.

2. Following C.1. above, Employees shall be placed on the


corresponding pay range and step of Exhibit C, provided that Employees
whose basic rate of pay on June 30, 2014, falls between two steps or exceeds
the maximum step of their pay range shall receive a four percent (4%)
increase.

3. Employees not administratively assigned to the salary schedule


shall receive a four percent (4%) pay increase.

ARTICLE 54 – HAWAI`I EMPLOYER-UNION HEALTH BENEFITS TRUST


FUND

A. “Health Benefit Plan” shall mean the medical PPO, HMO,


prescription drug, dental, vision and dual coverage medical plans.

B. Effective July 1, 2013

Subject to the applicable provisions of Chapter 87A and 89, Hawaii


Revised Statutes, the Employer shall pay monthly contributions which include
the cost of the Hawaii Employer-Union Health Benefits Trust Fund (Trust
Fund) administrative fees to the Trust Fund effective July 1, 2013, not to
exceed the monthly contribution amounts as specified below:

1. For each Employee-Beneficiary with no dependent-beneficiaries


enrolled in the following Trust Fund health benefits plans:

Unit 03
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TOTAL
BENEFIT PLAN MONTHLY CONTRIBUTION

a. Medical (PPO or HMO) (medical & chiro) $ 208.38


b. Dental $ 18.36
c. Vision $ 3.62
d. Dual coverage (medical, drug & chiro):
(1) HMSA $ 136.94
(2) Royal State $ 26.54
e. Drug Plan $ 42.60

The Employer shall pay the same monthly contribution for each member
enrolled in a self only medical plan (PPO or HMO), regardless of which plan is
chosen.

2. For each Employee-Beneficiary with one dependent-beneficiary


enrolled in the following Trust Fund health benefit plans:

TOTAL
BENEFIT PLAN MONTHLY CONTRIBUTION

a. Medical (PPO or HMO) (medical & chiro) $ 505.10


b. Dental $ 36.72
c. Vision $ 6.68
d. Dual coverage (medical, drug & chiro)
(1) HMSA $ 331.64
(2) Royal State $ 65.28
e. Drug Plan $ 103.34

The Employer shall pay the same monthly contribution for each member
enrolled in a two-party medical plan (PPO or HMO), regardless of which plan is
chosen.

3. For each Employee-Beneficiary with two or more dependent-


beneficiaries enrolled in the following Trust Fund health benefit plans:

TOTAL
BENEFIT PLAN MONTHLY CONTRIBUTION

a. Medical (PPO or HMO) (medical & chiro) $ 644.28


b. Dental $ 60.36
c. Vision $ 8.76
d. Dual coverage (medical, drug & chiro)
(1) HMSA $ 423.16
(2) Royal State $ 73.76
e. Drug Plan $ 131.82
Unit 03
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The Employer shall pay the same monthly contribution for each member
enrolled in a family medical plan (PPO or HMO), regardless of which plan is
chosen.

4. For each Employee-Beneficiary enrolled in the Trust Fund group


life insurance plan, the Employer shall pay $4.16 per month which reflects one
hundred percent (100%) of the premium and administrative fee.

C. Effective July 1, 2014

Effective July 1, 2014 for plan year 2014-2015, with the exception of
items 1a., 2a., 3a., and 4., which shall be the dollar amounts noted, the
Employer shall pay a specific dollar amount equivalent to sixty percent (60%)
of the final premium rates established by the Trust Fund Board for the
respective health benefit plan, plus sixty percent (60%) of all administrative
fees.

1. The amounts paid by the Employer shall be based on the plan


year 2014-2015 final monthly premium rates established by the Trust Fund for
each Employee-Beneficiary with no dependent-beneficiaries enrolled in the
following Trust Fund health plans:

a. Medical (PPO or HMO) (medical & chiro) $ 218.38


b. Dental
c. Vision
d. Dual coverage (medical, drug & chiro)
(1) HMSA
(2) Royal State
e. Drug Plan

The Employer shall pay the same monthly contribution for each member
enrolled in a self only medical plan (PPO or HMO), regardless of which plan is
chosen.

2. The amounts paid by the Employer shall be based on the plan


year 2014-2015 final monthly premium rates established by the Trust Fund for
each Employee-Beneficiary with one dependent-beneficiary enrolled in the
following Trust Fund health plans:

a. Medical (PPO or HMO) (medical & chiro) $ 525.10


b. Dental
c. Vision
d. Dual coverage (medical, drug & chiro)
(1) HMSA
(2) Royal State
Unit 03
91
U-1
B-1 095
e. Drug Plan

The Employer shall pay the same monthly contribution for each member
enrolled in a two-party medical plan (PPO or HMO), regardless of which plan is
chosen.

3. The amounts paid by the Employer shall be based on the plan


year 2014-2015 final monthly premium rates established by the Trust Fund for
each Employee-Beneficiary with two or more dependent-beneficiaries enrolled
in the following Trust Fund health plans:

a. Medical (PPO or HMO) (medical & chiro) $ 674.28


b. Dental
c. Vision
d. Dual coverage (medical, drug & chiro)
(1) HMSA
(2) Royal State
e. Drug Plan

The Employer shall pay the same monthly contribution for each member
enrolled in a family medical plan (PPO or HMO), regardless of which plan is
chosen.

4. For each Employee-Beneficiary enrolled in the Trust Fund group


life insurance plan, the Employer shall pay no more than $4.12 per month
which reflects one hundred percent (100%) of the monthly premium. The
Employer shall also pay one hundred percent (100%) of all administrative fees.

D. No later than three (3) weeks after the Trust Fund Board formally
establishes and adopts the final premium rates for the Fiscal Year 2014-2015,
the Office of Collective Bargaining shall distribute the final calculation of the
Employer’s monthly contribution amounts for each health benefit plan.

E. Payment For Plans Eliminated Or Abolished. The Employer shall


make no payments for any and all premiums for any portion or part of a Trust
Fund health benefit plan that the Trust Fund Board eliminates or abolishes.

F. Rounding Employer’s Monthly Contribution. Whenever the


Employer’s monthly contribution (premium plus administrative fee) to the Trust
Fund is less than one hundred percent (100%) of the monthly premium
amount, such monthly contribution shall be rounded to the nearest cent as
provided below:

1. When rounding to the nearest cent results in an even amount,


such even amount shall be the Employer’s monthly contribution. For example:

Unit 03
92
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B-1 096
(a) $11.397 = $11.40 = $11.40 (Employer’s monthly
contribution)
(b) $11.382 = $11.38 = $11.38 (Employer’s monthly
contribution)

2. When rounding to the nearest cent results in an odd amount,


round to the lower even cent, and such even amount shall be the Employer’s
monthly contribution. For example:

(a) $11.392 = $11.39 = $11.38 (Employer’s monthly


contribution)
(b) $11.386 = $11.39 = $11.38 (Employer’s monthly
contribution)

Employer contributions effective July 1, 2013 and contributions effective


July 1, 2014 for items 1a, 2a, and 3a, reflect the rounding described in item F.

Employer contributions effective July 1, 2014, shall be rounded as


described in item F after administrative fees have been determined by the Trust
Fund Board.

G. If an agreement covering period(s) beyond the term of this


Agreement is not executed by June 30, 2015, employer contributions to the
Trust Fund shall be the same monthly contribution amounts paid in plan year
2014-2015 for the Health Benefit Plan approved by the Trust Fund including
monthly administrative fee.

ARTICLE 55 - ENTIRETY CLAUSE

Except as modified below, the Employer and the Union agree that the
terms and provisions herein contained constitute the entire Agreement
between the parties and supersede all previous communications,
representations or agreements, either verbal or written, between the parties
hereto with respect to the subject matter herein. The Employer and the Union
agree that all negotiable items have been discussed during the negotiations
leading to this Agreement and, therefore, agree that negotiations will not be
reopened on any item during the life of this Agreement except as provided in
Article 56, Duration, or by mutual consent.

ARTICLE 56 - DURATION

This Agreement shall become effective as of July 1, 2013 and shall


remain in effect to and including June 30, 2015. It shall be renewed thereafter
with respect to the subject matter covered, in accordance with statutes unless
either party gives written notice to the other party of its desire to amend, modify
or terminate the Agreement, and such written notice is given no later than May
Unit 03
93
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15, 2014. After such written notice is given, the parties shall exchange their
specific written proposals, if any, no later than June 16, 2014. Negotiations for
a new Agreement shall commence on a mutually agreeable date following the
exchange of written proposals, as applicable.

Unit 03
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B-1 098

IN WITNESS WHEREOF, the parties hereto, by their authorized representatives, have


executed this Agreement.

STATE OF HAWAI`I HAWAI`I GOVERNMENT EMPLOYEES


By: Neil Abercrombie ASSOCIATION, AFSCME, LOCAL 152,
Governor AFL-CIO
By: Randy Perreira
Neil Dietz Executive Director
Chief Negotiator
Samuel Ah Yuen, Jr.
Barbara A. Krieg
Sheri Amimoto
CITY AND COUNTY OF HONOLULU
By: Kirk Caldwell Leonard Carman
Mayor
Jackie Ferguson-Miyamoto
Carolee C. Kubo
Jon Gasper
COUNTY OF HAWAI`I
By: William P. Kenoi Harry Gima
Mayor
Stacie Hiwatashi
Sharon Toriano
Darleen Hoshida
COUNTY OF MAUI
By: Alan M. Arakawa Cindy Phillips
Mayor
Joy Ring
Lance T. Hiromoto
Donn Taniguchi
COUNTY OF KAUA`I
By: Bernard P. Carvalho, Jr. Adele Tangjian
Mayor
Veronica Tarleton
Thomas T. Takatsuki
Joseph Thomas
HAWAI`I HEALTH SYSTEMS
CORPORATION Samasoni Tiitii
By: Alice Hall
President & CEO Leenelle Tomooka

Susan Watanabe

JUDICIARY Patrick Yuen, Sr.


By: Mark E. Recktenwald
Chief Justice

Dee L. Wakabayashi

Unit 03
95
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B-1 100
U-1
U-1
B-1 101
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2013

EXHIBIT B

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR04 ANN 21,948 22,776 23,688 24,648 25,668 26,700 27,756 28,836 30,036 31,212 32,424 33,756 35,064
MON 1,829 1,898 1,974 2,054 2,139 2,225 2,313 2,403 2,503 2,601 2,702 2,813 2,922
8HR 84.40 87.60 91.12 94.80 98.72 102.72 106.72 110.88 115.52 120.08 124.72 129.84 134.88
HRLY 10.55 10.95 11.39 11.85 12.34 12.84 13.34 13.86 14.44 15.01 15.59 16.23 16.86

SR05 ANN 22,776 23,688 24,648 25,668 26,700 27,756 28,836 30,036 31,212 32,424 33,756 35,064 36,516
MON 1,898 1,974 2,054 2,139 2,225 2,313 2,403 2,503 2,601 2,702 2,813 2,922 3,043
8HR 87.60 91.12 94.80 98.72 102.72 106.72 110.88 115.52 120.08 124.72 129.84 134.88 140.48
HRLY 10.95 11.39 11.85 12.34 12.84 13.34 13.86 14.44 15.01 15.59 16.23 16.86 17.56

SR06 ANN 23,688 24,648 25,668 26,700 27,756 28,836 30,036 31,212 32,424 33,756 35,064 36,516 37,968
MON 1,974 2,054 2,139 2,225 2,313 2,403 2,503 2,601 2,702 2,813 2,922 3,043 3,164
8HR 91.12 94.80 98.72 102.72 106.72 110.88 115.52 120.08 124.72 129.84 134.88 140.48 146.00
HRLY 11.39 11.85 12.34 12.84 13.34 13.86 14.44 15.01 15.59 16.23 16.86 17.56 18.25

SR07 ANN 24,648 25,668 26,700 27,756 28,836 30,036 31,212 32,424 33,756 35,064 36,516 37,968 39,480
MON 2,054 2,139 2,225 2,313 2,403 2,503 2,601 2,702 2,813 2,922 3,043 3,164 3,290
8HR 94.80 98.72 102.72 106.72 110.88 115.52 120.08 124.72 129.84 134.88 140.48 146.00 151.84
HRLY 11.85 12.34 12.84 13.34 13.86 14.44 15.01 15.59 16.23 16.86 17.56 18.25 18.98

SR08 ANN 25,668 26,700 27,756 28,836 30,036 31,212 32,424 33,756 35,064 36,516 37,968 39,480 41,040
MON 2,139 2,225 2,313 2,403 2,503 2,601 2,702 2,813 2,922 3,043 3,164 3,290 3,420
8HR 98.72 102.72 106.72 110.88 115.52 120.08 124.72 129.84 134.88 140.48 146.00 151.84 157.84
HRLY 12.34 12.84 13.34 13.86 14.44 15.01 15.59 16.23 16.86 17.56 18.25 18.98 19.73

SR09 ANN 26,700 27,756 28,836 30,036 31,212 32,424 33,756 35,064 36,516 37,968 39,480 41,040 42,684
MON 2,225 2,313 2,403 2,503 2,601 2,702 2,813 2,922 3,043 3,164 3,290 3,420 3,557
8HR 102.72 106.72 110.88 115.52 120.08 124.72 129.84 134.88 140.48 146.00 151.84 157.84 164.16
HRLY 12.84 13.34 13.86 14.44 15.01 15.59 16.23 16.86 17.56 18.25 18.98 19.73 20.52

SR10 ANN 27,756 28,836 30,036 31,212 32,424 33,756 35,064 36,516 37,968 39,480 41,040 42,684 44,412
MON 2,313 2,403 2,503 2,601 2,702 2,813 2,922 3,043 3,164 3,290 3,420 3,557 3,701
8HR 106.72 110.88 115.52 120.08 124.72 129.84 134.88 140.48 146.00 151.84 157.84 164.16 170.80
HRLY 13.34 13.86 14.44 15.01 15.59 16.23 16.86 17.56 18.25 18.98 19.73 20.52 21.35
U-1
B-1 102
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2013

EXHIBIT B

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR11 ANN 28,836 30,036 31,212 32,424 33,756 35,064 36,516 37,968 39,480 41,040 42,684 44,412 46,176
MON 2,403 2,503 2,601 2,702 2,813 2,922 3,043 3,164 3,290 3,420 3,557 3,701 3,848
8HR 110.88 115.52 120.08 124.72 129.84 134.88 140.48 146.00 151.84 157.84 164.16 170.80 177.60
HRLY 13.86 14.44 15.01 15.59 16.23 16.86 17.56 18.25 18.98 19.73 20.52 21.35 22.20

SR12 ANN 30,036 31,212 32,424 33,756 35,064 36,516 37,968 39,480 41,040 42,684 44,412 46,176 48,048
MON 2,503 2,601 2,702 2,813 2,922 3,043 3,164 3,290 3,420 3,557 3,701 3,848 4,004
8HR 115.52 120.08 124.72 129.84 134.88 140.48 146.00 151.84 157.84 164.16 170.80 177.60 184.80
HRLY 14.44 15.01 15.59 16.23 16.86 17.56 18.25 18.98 19.73 20.52 21.35 22.20 23.10

SR13 ANN 31,212 32,424 33,756 35,064 36,516 37,968 39,480 41,040 42,684 44,412 46,176 48,048 49,932
MON 2,601 2,702 2,813 2,922 3,043 3,164 3,290 3,420 3,557 3,701 3,848 4,004 4,161
8HR 120.08 124.72 129.84 134.88 140.48 146.00 151.84 157.84 164.16 170.80 177.60 184.80 192.08
HRLY 15.01 15.59 16.23 16.86 17.56 18.25 18.98 19.73 20.52 21.35 22.20 23.10 24.01

SR14 ANN 32,424 33,756 35,064 36,516 37,968 39,480 41,040 42,684 44,412 46,176 48,048 49,932 51,936
MON 2,702 2,813 2,922 3,043 3,164 3,290 3,420 3,557 3,701 3,848 4,004 4,161 4,328
8HR 124.72 129.84 134.88 140.48 146.00 151.84 157.84 164.16 170.80 177.60 184.80 192.08 199.76
HRLY 15.59 16.23 16.86 17.56 18.25 18.98 19.73 20.52 21.35 22.20 23.10 24.01 24.97

SR15 ANN 33,756 35,064 36,516 37,968 39,480 41,040 42,684 44,412 46,176 48,048 49,932 51,936 54,012
MON 2,813 2,922 3,043 3,164 3,290 3,420 3,557 3,701 3,848 4,004 4,161 4,328 4,501
8HR 129.84 134.88 140.48 146.00 151.84 157.84 164.16 170.80 177.60 184.80 192.08 199.76 207.76
HRLY 16.23 16.86 17.56 18.25 18.98 19.73 20.52 21.35 22.20 23.10 24.01 24.97 25.97

SR16 ANN 35,064 36,516 37,968 39,480 41,040 42,684 44,412 46,176 48,048 49,932 51,936 54,012 56,172
MON 2,922 3,043 3,164 3,290 3,420 3,557 3,701 3,848 4,004 4,161 4,328 4,501 4,681
8HR 134.88 140.48 146.00 151.84 157.84 164.16 170.80 177.60 184.80 192.08 199.76 207.76 216.08
HRLY 16.86 17.56 18.25 18.98 19.73 20.52 21.35 22.20 23.10 24.01 24.97 25.97 27.01

SR17 ANN 36,516 37,968 39,480 41,040 42,684 44,412 46,176 48,048 49,932 51,936 54,012 56,172 58,440
MON 3,043 3,164 3,290 3,420 3,557 3,701 3,848 4,004 4,161 4,328 4,501 4,681 4,870
8HR 140.48 146.00 151.84 157.84 164.16 170.80 177.60 184.80 192.08 199.76 207.76 216.08 224.80
HRLY 17.56 18.25 18.98 19.73 20.52 21.35 22.20 23.10 24.01 24.97 25.97 27.01 28.10
U-1
B-1 103
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2013

EXHIBIT B

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR18 ANN 37,968 39,480 41,040 42,684 44,412 46,176 48,048 49,932 51,936 54,012 56,172 58,440 60,744
MON 3,164 3,290 3,420 3,557 3,701 3,848 4,004 4,161 4,328 4,501 4,681 4,870 5,062
8HR 146.00 151.84 157.84 164.16 170.80 177.60 184.80 192.08 199.76 207.76 216.08 224.80 233.60
HRLY 18.25 18.98 19.73 20.52 21.35 22.20 23.10 24.01 24.97 25.97 27.01 28.10 29.20

SR19 ANN 39,480 41,040 42,684 44,412 46,176 48,048 49,932 51,936 54,012 56,172 58,440 60,744 63,204
MON 3,290 3,420 3,557 3,701 3,848 4,004 4,161 4,328 4,501 4,681 4,870 5,062 5,267
8HR 151.84 157.84 164.16 170.80 177.60 184.80 192.08 199.76 207.76 216.08 224.80 233.60 243.12
HRLY 18.98 19.73 20.52 21.35 22.20 23.10 24.01 24.97 25.97 27.01 28.10 29.20 30.39

SR20 ANN 41,040 42,684 44,412 46,176 48,048 49,932 51,936 54,012 56,172 58,440 60,744 63,204 65,784
MON 3,420 3,557 3,701 3,848 4,004 4,161 4,328 4,501 4,681 4,870 5,062 5,267 5,482
8HR 157.84 164.16 170.80 177.60 184.80 192.08 199.76 207.76 216.08 224.80 233.60 243.12 253.04
HRLY 19.73 20.52 21.35 22.20 23.10 24.01 24.97 25.97 27.01 28.10 29.20 30.39 31.63

SR21 ANN 42,684 44,412 46,176 48,048 49,932 51,936 54,012 56,172 58,440 60,744 63,204 65,784 68,388
MON 3,557 3,701 3,848 4,004 4,161 4,328 4,501 4,681 4,870 5,062 5,267 5,482 5,699
8HR 164.16 170.80 177.60 184.80 192.08 199.76 207.76 216.08 224.80 233.60 243.12 253.04 263.04
HRLY 20.52 21.35 22.20 23.10 24.01 24.97 25.97 27.01 28.10 29.20 30.39 31.63 32.88

SR22 ANN 44,412 46,176 48,048 49,932 51,936 54,012 56,172 58,440 60,744 63,204 65,784 68,388 71,112
MON 3,701 3,848 4,004 4,161 4,328 4,501 4,681 4,870 5,062 5,267 5,482 5,699 5,926
8HR 170.80 177.60 184.80 192.08 199.76 207.76 216.08 224.80 233.60 243.12 253.04 263.04 273.52
HRLY 21.35 22.20 23.10 24.01 24.97 25.97 27.01 28.10 29.20 30.39 31.63 32.88 34.19

SR23 ANN 46,176 48,048 49,932 51,936 54,012 56,172 58,440 60,744 63,204 65,784 68,388 71,112 73,968
MON 3,848 4,004 4,161 4,328 4,501 4,681 4,870 5,062 5,267 5,482 5,699 5,926 6,164
8HR 177.60 184.80 192.08 199.76 207.76 216.08 224.80 233.60 243.12 253.04 263.04 273.52 284.48
HRLY 22.20 23.10 24.01 24.97 25.97 27.01 28.10 29.20 30.39 31.63 32.88 34.19 35.56

SR24 ANN 48,048 49,932 51,936 54,012 56,172 58,440 60,744 63,204 65,784 68,388 71,112 73,968 76,944
MON 4,004 4,161 4,328 4,501 4,681 4,870 5,062 5,267 5,482 5,699 5,926 6,164 6,412
8HR 184.80 192.08 199.76 207.76 216.08 224.80 233.60 243.12 253.04 263.04 273.52 284.48 295.92
HRLY 23.10 24.01 24.97 25.97 27.01 28.10 29.20 30.39 31.63 32.88 34.19 35.56 36.99
U-1
B-1 104
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2013

EXHIBIT B

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR25 ANN 49,932 51,936 54,012 56,172 58,440 60,744 63,204 65,784 68,388 71,112 73,968 76,944 79,992
MON 4,161 4,328 4,501 4,681 4,870 5,062 5,267 5,482 5,699 5,926 6,164 6,412 6,666
8HR 192.08 199.76 207.76 216.08 224.80 233.60 243.12 253.04 263.04 273.52 284.48 295.92 307.68
HRLY 24.01 24.97 25.97 27.01 28.10 29.20 30.39 31.63 32.88 34.19 35.56 36.99 38.46

SR26 ANN 51,936 54,012 56,172 58,440 60,744 63,204 65,784 68,388 71,112 73,968 76,944 79,992 83,184
MON 4,328 4,501 4,681 4,870 5,062 5,267 5,482 5,699 5,926 6,164 6,412 6,666 6,932
8HR 199.76 207.76 216.08 224.80 233.60 243.12 253.04 263.04 273.52 284.48 295.92 307.68 319.92
HRLY 24.97 25.97 27.01 28.10 29.20 30.39 31.63 32.88 34.19 35.56 36.99 38.46 39.99

SR27 ANN 54,012 56,172 58,440 60,744 63,204 65,784 68,388 71,112 73,968 76,944 79,992 83,184 86,508
MON 4,501 4,681 4,870 5,062 5,267 5,482 5,699 5,926 6,164 6,412 6,666 6,932 7,209
8HR 207.76 216.08 224.80 233.60 243.12 253.04 263.04 273.52 284.48 295.92 307.68 319.92 332.72
HRLY 25.97 27.01 28.10 29.20 30.39 31.63 32.88 34.19 35.56 36.99 38.46 39.99 41.59

SR28 ANN 56,172 58,440 60,744 63,204 65,784 68,388 71,112 73,968 76,944 79,992 83,184 86,508 90,024
MON 4,681 4,870 5,062 5,267 5,482 5,699 5,926 6,164 6,412 6,666 6,932 7,209 7,502
8HR 216.08 224.80 233.60 243.12 253.04 263.04 273.52 284.48 295.92 307.68 319.92 332.72 346.24
HRLY 27.01 28.10 29.20 30.39 31.63 32.88 34.19 35.56 36.99 38.46 39.99 41.59 43.28

SR29 ANN 58,440 60,744 63,204 65,784 68,388 71,112 73,968 76,944 79,992 83,184 86,508 90,024 93,624
MON 4,870 5,062 5,267 5,482 5,699 5,926 6,164 6,412 6,666 6,932 7,209 7,502 7,802
8HR 224.80 233.60 243.12 253.04 263.04 273.52 284.48 295.92 307.68 319.92 332.72 346.24 360.08
HRLY 28.10 29.20 30.39 31.63 32.88 34.19 35.56 36.99 38.46 39.99 41.59 43.28 45.01

NOTE: The official salary schedule for bargaining units 3 and 4 ends with salary range SC-3. Salary ranges SR-30, SR-31, SC-1, SC-2 and SC-3 have been
omitted in the printing of the unit 3 and unit 4 salary schedules in the collective bargaining agreements. Currently, the highest salary range used for unit 3
classes is SR-26 and SR-29 for unit 4 classes.
U-1
B-1 105
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2014

EXHIBIT C

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR04 ANN 22,824 23,688 24,636 25,632 26,700 27,768 28,872 29,988 31,236 32,460 33,720 35,112 36,468
MON 1,902 1,974 2,053 2,136 2,225 2,314 2,406 2,499 2,603 2,705 2,810 2,926 3,039
8HR 87.76 91.12 94.72 98.56 102.72 106.80 111.04 115.36 120.16 124.88 129.68 135.04 140.24
HRLY 10.97 11.39 11.84 12.32 12.84 13.35 13.88 14.42 15.02 15.61 16.21 16.88 17.53

SR05 ANN 23,688 24,636 25,632 26,700 27,768 28,872 29,988 31,236 32,460 33,720 35,112 36,468 37,980
MON 1,974 2,053 2,136 2,225 2,314 2,406 2,499 2,603 2,705 2,810 2,926 3,039 3,165
8HR 91.12 94.72 98.56 102.72 106.80 111.04 115.36 120.16 124.88 129.68 135.04 140.24 146.08
HRLY 11.39 11.84 12.32 12.84 13.35 13.88 14.42 15.02 15.61 16.21 16.88 17.53 18.26

SR06 ANN 24,636 25,632 26,700 27,768 28,872 29,988 31,236 32,460 33,720 35,112 36,468 37,980 39,492
MON 2,053 2,136 2,225 2,314 2,406 2,499 2,603 2,705 2,810 2,926 3,039 3,165 3,291
8HR 94.72 98.56 102.72 106.80 111.04 115.36 120.16 124.88 129.68 135.04 140.24 146.08 151.92
HRLY 11.84 12.32 12.84 13.35 13.88 14.42 15.02 15.61 16.21 16.88 17.53 18.26 18.99

SR07 ANN 25,632 26,700 27,768 28,872 29,988 31,236 32,460 33,720 35,112 36,468 37,980 39,492 41,064
MON 2,136 2,225 2,314 2,406 2,499 2,603 2,705 2,810 2,926 3,039 3,165 3,291 3,422
8HR 98.56 102.72 106.80 111.04 115.36 120.16 124.88 129.68 135.04 140.24 146.08 151.92 157.92
HRLY 12.32 12.84 13.35 13.88 14.42 15.02 15.61 16.21 16.88 17.53 18.26 18.99 19.74

SR08 ANN 26,700 27,768 28,872 29,988 31,236 32,460 33,720 35,112 36,468 37,980 39,492 41,064 42,684
MON 2,225 2,314 2,406 2,499 2,603 2,705 2,810 2,926 3,039 3,165 3,291 3,422 3,557
8HR 102.72 106.80 111.04 115.36 120.16 124.88 129.68 135.04 140.24 146.08 151.92 157.92 164.16
HRLY 12.84 13.35 13.88 14.42 15.02 15.61 16.21 16.88 17.53 18.26 18.99 19.74 20.52

SR09 ANN 27,768 28,872 29,988 31,236 32,460 33,720 35,112 36,468 37,980 39,492 41,064 42,684 44,388
MON 2,314 2,406 2,499 2,603 2,705 2,810 2,926 3,039 3,165 3,291 3,422 3,557 3,699
8HR 106.80 111.04 115.36 120.16 124.88 129.68 135.04 140.24 146.08 151.92 157.92 164.16 170.72
HRLY 13.35 13.88 14.42 15.02 15.61 16.21 16.88 17.53 18.26 18.99 19.74 20.52 21.34

SR10 ANN 28,872 29,988 31,236 32,460 33,720 35,112 36,468 37,980 39,492 41,064 42,684 44,388 46,188
MON 2,406 2,499 2,603 2,705 2,810 2,926 3,039 3,165 3,291 3,422 3,557 3,699 3,849
8HR 111.04 115.36 120.16 124.88 129.68 135.04 140.24 146.08 151.92 157.92 164.16 170.72 177.68
HRLY 13.88 14.42 15.02 15.61 16.21 16.88 17.53 18.26 18.99 19.74 20.52 21.34 22.21
U-1
B-1 106
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2014

EXHIBIT C

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR11 ANN 29,988 31,236 32,460 33,720 35,112 36,468 37,980 39,492 41,064 42,684 44,388 46,188 48,024
MON 2,499 2,603 2,705 2,810 2,926 3,039 3,165 3,291 3,422 3,557 3,699 3,849 4,002
8HR 115.36 120.16 124.88 129.68 135.04 140.24 146.08 151.92 157.92 164.16 170.72 177.68 184.72
HRLY 14.42 15.02 15.61 16.21 16.88 17.53 18.26 18.99 19.74 20.52 21.34 22.21 23.09

SR12 ANN 31,236 32,460 33,720 35,112 36,468 37,980 39,492 41,064 42,684 44,388 46,188 48,024 49,968
MON 2,603 2,705 2,810 2,926 3,039 3,165 3,291 3,422 3,557 3,699 3,849 4,002 4,164
8HR 120.16 124.88 129.68 135.04 140.24 146.08 151.92 157.92 164.16 170.72 177.68 184.72 192.16
HRLY 15.02 15.61 16.21 16.88 17.53 18.26 18.99 19.74 20.52 21.34 22.21 23.09 24.02

SR13 ANN 32,460 33,720 35,112 36,468 37,980 39,492 41,064 42,684 44,388 46,188 48,024 49,968 51,924
MON 2,705 2,810 2,926 3,039 3,165 3,291 3,422 3,557 3,699 3,849 4,002 4,164 4,327
8HR 124.88 129.68 135.04 140.24 146.08 151.92 157.92 164.16 170.72 177.68 184.72 192.16 199.68
HRLY 15.61 16.21 16.88 17.53 18.26 18.99 19.74 20.52 21.34 22.21 23.09 24.02 24.96

SR14 ANN 33,720 35,112 36,468 37,980 39,492 41,064 42,684 44,388 46,188 48,024 49,968 51,924 54,012
MON 2,810 2,926 3,039 3,165 3,291 3,422 3,557 3,699 3,849 4,002 4,164 4,327 4,501
8HR 129.68 135.04 140.24 146.08 151.92 157.92 164.16 170.72 177.68 184.72 192.16 199.68 207.76
HRLY 16.21 16.88 17.53 18.26 18.99 19.74 20.52 21.34 22.21 23.09 24.02 24.96 25.97

SR15 ANN 35,112 36,468 37,980 39,492 41,064 42,684 44,388 46,188 48,024 49,968 51,924 54,012 56,172
MON 2,926 3,039 3,165 3,291 3,422 3,557 3,699 3,849 4,002 4,164 4,327 4,501 4,681
8HR 135.04 140.24 146.08 151.92 157.92 164.16 170.72 177.68 184.72 192.16 199.68 207.76 216.08
HRLY 16.88 17.53 18.26 18.99 19.74 20.52 21.34 22.21 23.09 24.02 24.96 25.97 27.01

SR16 ANN 36,468 37,980 39,492 41,064 42,684 44,388 46,188 48,024 49,968 51,924 54,012 56,172 58,416
MON 3,039 3,165 3,291 3,422 3,557 3,699 3,849 4,002 4,164 4,327 4,501 4,681 4,868
8HR 140.24 146.08 151.92 157.92 164.16 170.72 177.68 184.72 192.16 199.68 207.76 216.08 224.64
HRLY 17.53 18.26 18.99 19.74 20.52 21.34 22.21 23.09 24.02 24.96 25.97 27.01 28.08

SR17 ANN 37,980 39,492 41,064 42,684 44,388 46,188 48,024 49,968 51,924 54,012 56,172 58,416 60,780
MON 3,165 3,291 3,422 3,557 3,699 3,849 4,002 4,164 4,327 4,501 4,681 4,868 5,065
8HR 146.08 151.92 157.92 164.16 170.72 177.68 184.72 192.16 199.68 207.76 216.08 224.64 233.76
HRLY 18.26 18.99 19.74 20.52 21.34 22.21 23.09 24.02 24.96 25.97 27.01 28.08 29.22
U-1
B-1 107
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2014

EXHIBIT C

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR18 ANN 39,492 41,064 42,684 44,388 46,188 48,024 49,968 51,924 54,012 56,172 58,416 60,780 63,168
MON 3,291 3,422 3,557 3,699 3,849 4,002 4,164 4,327 4,501 4,681 4,868 5,065 5,264
8HR 151.92 157.92 164.16 170.72 177.68 184.72 192.16 199.68 207.76 216.08 224.64 233.76 242.96
HRLY 18.99 19.74 20.52 21.34 22.21 23.09 24.02 24.96 25.97 27.01 28.08 29.22 30.37

SR19 ANN 41,064 42,684 44,388 46,188 48,024 49,968 51,924 54,012 56,172 58,416 60,780 63,168 65,736
MON 3,422 3,557 3,699 3,849 4,002 4,164 4,327 4,501 4,681 4,868 5,065 5,264 5,478
8HR 157.92 164.16 170.72 177.68 184.72 192.16 199.68 207.76 216.08 224.64 233.76 242.96 252.80
HRLY 19.74 20.52 21.34 22.21 23.09 24.02 24.96 25.97 27.01 28.08 29.22 30.37 31.60

SR20 ANN 42,684 44,388 46,188 48,024 49,968 51,924 54,012 56,172 58,416 60,780 63,168 65,736 68,412
MON 3,557 3,699 3,849 4,002 4,164 4,327 4,501 4,681 4,868 5,065 5,264 5,478 5,701
8HR 164.16 170.72 177.68 184.72 192.16 199.68 207.76 216.08 224.64 233.76 242.96 252.80 263.12
HRLY 20.52 21.34 22.21 23.09 24.02 24.96 25.97 27.01 28.08 29.22 30.37 31.60 32.89

SR21 ANN 44,388 46,188 48,024 49,968 51,924 54,012 56,172 58,416 60,780 63,168 65,736 68,412 71,124
MON 3,699 3,849 4,002 4,164 4,327 4,501 4,681 4,868 5,065 5,264 5,478 5,701 5,927
8HR 170.72 177.68 184.72 192.16 199.68 207.76 216.08 224.64 233.76 242.96 252.80 263.12 273.52
HRLY 21.34 22.21 23.09 24.02 24.96 25.97 27.01 28.08 29.22 30.37 31.60 32.89 34.19

SR22 ANN 46,188 48,024 49,968 51,924 54,012 56,172 58,416 60,780 63,168 65,736 68,412 71,124 73,956
MON 3,849 4,002 4,164 4,327 4,501 4,681 4,868 5,065 5,264 5,478 5,701 5,927 6,163
8HR 177.68 184.72 192.16 199.68 207.76 216.08 224.64 233.76 242.96 252.80 263.12 273.52 284.48
HRLY 22.21 23.09 24.02 24.96 25.97 27.01 28.08 29.22 30.37 31.60 32.89 34.19 35.56

SR23 ANN 48,024 49,968 51,924 54,012 56,172 58,416 60,780 63,168 65,736 68,412 71,124 73,956 76,932
MON 4,002 4,164 4,327 4,501 4,681 4,868 5,065 5,264 5,478 5,701 5,927 6,163 6,411
8HR 184.72 192.16 199.68 207.76 216.08 224.64 233.76 242.96 252.80 263.12 273.52 284.48 295.92
HRLY 23.09 24.02 24.96 25.97 27.01 28.08 29.22 30.37 31.60 32.89 34.19 35.56 36.99

SR24 ANN 49,968 51,924 54,012 56,172 58,416 60,780 63,168 65,736 68,412 71,124 73,956 76,932 80,016
MON 4,164 4,327 4,501 4,681 4,868 5,065 5,264 5,478 5,701 5,927 6,163 6,411 6,668
8HR 192.16 199.68 207.76 216.08 224.64 233.76 242.96 252.80 263.12 273.52 284.48 295.92 307.76
HRLY 24.02 24.96 25.97 27.01 28.08 29.22 30.37 31.60 32.89 34.19 35.56 36.99 38.47
U-1
B-1 108
Bargaining Unit 3 - White Collar Non-Supervisors
SALARY SCHEDULE
July 1, 2014

EXHIBIT C

Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step L Step M

SR25 ANN 51,924 54,012 56,172 58,416 60,780 63,168 65,736 68,412 71,124 73,956 76,932 80,016 83,196
MON 4,327 4,501 4,681 4,868 5,065 5,264 5,478 5,701 5,927 6,163 6,411 6,668 6,933
8HR 199.68 207.76 216.08 224.64 233.76 242.96 252.80 263.12 273.52 284.48 295.92 307.76 320.00
HRLY 24.96 25.97 27.01 28.08 29.22 30.37 31.60 32.89 34.19 35.56 36.99 38.47 40.00

SR26 ANN 54,012 56,172 58,416 60,780 63,168 65,736 68,412 71,124 73,956 76,932 80,016 83,196 86,508
MON 4,501 4,681 4,868 5,065 5,264 5,478 5,701 5,927 6,163 6,411 6,668 6,933 7,209
8HR 207.76 216.08 224.64 233.76 242.96 252.80 263.12 273.52 284.48 295.92 307.76 320.00 332.72
HRLY 25.97 27.01 28.08 29.22 30.37 31.60 32.89 34.19 35.56 36.99 38.47 40.00 41.59

SR27 ANN 56,172 58,416 60,780 63,168 65,736 68,412 71,124 73,956 76,932 80,016 83,196 86,508 89,964
MON 4,681 4,868 5,065 5,264 5,478 5,701 5,927 6,163 6,411 6,668 6,933 7,209 7,497
8HR 216.08 224.64 233.76 242.96 252.80 263.12 273.52 284.48 295.92 307.76 320.00 332.72 346.00
HRLY 27.01 28.08 29.22 30.37 31.60 32.89 34.19 35.56 36.99 38.47 40.00 41.59 43.25

SR28 ANN 58,416 60,780 63,168 65,736 68,412 71,124 73,956 76,932 80,016 83,196 86,508 89,964 93,624
MON 4,868 5,065 5,264 5,478 5,701 5,927 6,163 6,411 6,668 6,933 7,209 7,497 7,802
8HR 224.64 233.76 242.96 252.80 263.12 273.52 284.48 295.92 307.76 320.00 332.72 346.00 360.08
HRLY 28.08 29.22 30.37 31.60 32.89 34.19 35.56 36.99 38.47 40.00 41.59 43.25 45.01

SR29 ANN 60,780 63,168 65,736 68,412 71,124 73,956 76,932 80,016 83,196 86,508 89,964 93,624 97,368
MON 5,065 5,264 5,478 5,701 5,927 6,163 6,411 6,668 6,933 7,209 7,497 7,802 8,114
8HR 233.76 242.96 252.80 263.12 273.52 284.48 295.92 307.76 320.00 332.72 346.00 360.08 374.48
HRLY 29.22 30.37 31.60 32.89 34.19 35.56 36.99 38.47 40.00 41.59 43.25 45.01 46.81

NOTE: The official salary schedule for bargaining units 3 and 4 ends with salary range SC-3. Salary ranges SR-30, SR-31, SC-1, SC-2 and SC-3 have been
omitted in the printing of the unit 3 and unit 4 salary schedules in the collective bargaining agreements. Currently, the highest salary range used for unit 3
classes is SR-26 and SR-29 for unit 4 classes.

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