County of Maui Water Supply


                                                                      
BOARD OF WATER SUPPLY COUNTY OF MAUI OPERATIONS REVIEW COMMITTEE
Taken at the County Council Conference Room, Seventh Floor, Wailuku, Maui, Hawaii, commencing at 11:05 a.m. on May 17, 2001 pursuant to Notice. REPORTED BY: GLORIA T. TAVARES, RPR/CSR #262 Members present: Jonathan Starr, Chair Clark Hashimoto Mike Nobriga Peter Rice Orlando Tagorda Kent Hiranaga Staff present: David Craddick, Director George Tengan, Deputy Director Howard Fukushima, Corporation Counsel Mike Quinn, Fiscal Ellen Kraftsow Tony Linder Mike Cabral Dexter Lau Walter Hoger Paul Seitz Robert Vida Andy Pascua Shirley Falcon, Secretary Others present: Elliott Krash Sally Raisbeck Zandra Amaral * * * CHAIRMAN STARR: Call to order the Operations Review and Evaluation Committee. I would like to request that all board members present act as committee members today so that we're all on equal footing and all participating in this, and hopefully we can get it done. And we have board members Starr, Tagorda, Rice, Hashimoto, Nobriga, and Kent Hiranaga. And I know we have some members of the public who are moving their cars, Sally Raisbeck and Elliott Krash, and we have some very good members of the department staff as well. We have one agenda item which relates to the criteria for the evaluation of the director, and we had some criteria which had been passed out over the committee to the board, and actually the framework of them had been approved by the board, and then there was a desire on the part of the board for us to look at this and perhaps fine-tune these before board action. Before we begin to do that, I would like to open this up to members here. There are two issues: one is the framework of how we're going to do the evaluation and whether the framework as outlined, you know, if that's still acceptable with everyone. And then if so, then that framework is based on a number of questions which would be asked, and the score is graded, then we would have the opportunity to revise, add, or delete some of these questions. So as far as the first question goes, regarding the framework of this where we would have basically a list of questions, and the board members would fill in a number to each question. I'll get back to the minutes if that's okay with everyone. Also, we'll have to get back to testimony because the members of the public are moving their cars. Anyway, I want to leave it open to board members as to whether the framework of the way we want to do it, not necessarily the questions themselves or the substance of the questions, is acceptable. MR. HASHIMOTO: May I ask a question? Does the director give us an annual report on accomplishments? I don't remember. Or is it required of him -- MR. CRADDICK: That's the last one. MR. HASHIMOTO: That's the annual report, okay. That's overall or is that director's accomplishments or is that a -- MR. CRADDICK: I don't think I put out a report with my specific accomplishments. MR. HASHIMOTO: We're evaluating the department, not the director, so if -- I don't know if the director can -- MR. CRADDICK: On the annual report, well, to me the annual report is certainly not mine. Everybody has participated in that. But getting that document out is one of the things that I'm required to do by charter. So, does it come out, yes. MR. RICE: Do you have a job description? MR. CRADDICK: Other than what's in the charter, not to my knowledge. MR. RICE: Mr. Chairman, there are some very good questions here, but I think it needs to be expanded. And my suggestion -- and I don't have it all worked out and I would be happy to help anybody with it. But if we created sections for the performance review that dealt with the important areas like charter compliance, and underneath charter compliance would be the things that are important, interaction with the public. I wrote, for example, management of the financial affairs of the department, personnel management, those kinds of areas, and then underneath it, what is important. And because the director does not have a job description, I think these would then become the essence of a job description. Because with the agreement of the board, we would be telling him that these are the things that are important to us. And then there's also the source of the performance evaluation and the use of numbers, and creating is fine with me. All that part I think is good. But that way we can make sure we cover everything. MR. CRADDICK: Jonathan? CHAIRMAN STARR: Go ahead. MR. CRADDICK: I don't know if you remember it, Bob kept interjecting that this had already been done. And in 1998, through the better part of 1998, I think they finally completed September 1999, and if you read the minutes here of the first meeting, Jonathan asks for all of that stuff. I don't know if any of it has ever been reviewed in any of the meetings. They asked for it, we got it all together, but there's been no time where that stuff has been reviewed, that I know of. And in there, the board went over all of that stuff. And we suspected that in 2000, that would be the basis for any review; there was no review in 2000 and so now here we are in 2001. I myself feel we're still being evaluated on that last criteria for evaluation. If there's going to be a new criteria for the future, that's fine, too, because it happened more than once where the board changed their criteria for evaluation. CHAIRMAN STARR: Let me speak to that. When the committee put this together, we basically took a lot of it from the minutes and from the written letter by Mr. Takitani. So I would say, I think four or five out of these ten questions actually came straight out of those job criteria, and then the rest of them came directly -- some of them came directly from the charter and some of them came from questions that had been brought up either in other subsequent board minutes, you know, things that were being asked of the director or points that had been brought up by the QualServ. I think a lot of that is there but there certainly could be more areas and it could be put together in a form to create a better working tool for the future. Before we proceed, if it's okay, I would like to see if -- Sally, do you have any testimony? MS. RAISBECK: Yes, I would like to. Are you considering what was submitted previously a month ago or so? CHAIRMAN STARR: Why don't you step up and state your name. MS. RAISBECK: My name is Sally Raisbeck and I live in Wailuku. I read over the previous -- the proposal that was made previously, and I wanted to simply comment on one aspect of it, which is the numerical aspect where you -- each member assigns a number, and then by manipulating these numbers you come up with an average that is determinative one way or the other. I had experience with that when I was on a committee for a nonprofit for choosing an executive director. We weren't rating one to five; we were rating zero to a hundred on three candidates, I think it was. The thing is that people have very different feelings about how they are going to rate different candidates. This is just one candidate, but even so. It's subject to manipulation and if you understand that you affect the average much more if you rate five than if you rate zero, or if you rate zero or five than if you rate somewhere in the middle, then you have a lot more affect. So I think to make it numerical in that sense would only make sense if the ratings are known to the members who has rated the director what and there's an opportunity to discuss those before you sum them up. I think it should be an open process, at least within the board, as to what the best numerical ratings would be. Otherwise, it's sort of subject to manipulation. That's all I wanted to say. CHAIRMAN STARR: Thank you. Anyone else who would like -- any questions? Anyone else that would like to give testimony? Seeing none, we will continue. I heard a desire to work to kind of reorganize and reformulate some of these, and I have no problem about that. I would like to wrap this up. I know we have been spending a lot of meeting time, expensive meeting time on it. MR. RICE: I'll be happy to draft something and send it to you and everybody else, if you want. Just not changing what you've done, but adding some suggestions. CHAIRMAN STARR: I would be happy with that. Will we need to come back to another committee meeting or -- I would be happy to look at it and take it straight to a board meeting if the other committee members will. MR. HIRANAGA: Question, Mr. Chair. I guess again being new, maybe you could just give a brief history or synopsis of how we got to this point. CHAIRMAN STARR: The review of the director is something that has been done sort of sporadically, and tracing back the history of how it was done, it was kind of done somewhat differently in each year or two years or three years, whenever it was done. Generally, looking back, and mostly before I was on the board, it was kind of an -- each board member would really write -- kind of write almost like an essay in their comments, and those would get read at the meeting. Orlando, you went through that? MR. TAGORDA: Actually, what we do in the past, which was only '98 when we evaluated the director, is you go around each board member and say what he's done for the department. That's all it is. Now you are coming up with a very good format, wherein board members who doesn't want to speak or comment on his perception about the director, he can just write it down here and it's really up to the chairman to tabulate those numbers, whether the director is good for a job or not. Which I believe is a good, acceptable way of evaluating the director; instead of going out in the open, since the director doesn't want to go into executive session when you evaluate him. CHAIRMAN STARR: That was a definite desire to try to make it a quantitative thing. Also to do it in such a way that there wasn't the pressure on the board members to have difficulty in whether they felt praise or whether they felt admonishment was necessary. I didn't want to make that an emotional issue when it was happening, which is to be able to give a real subjective evaluation. There was an in between step which was two years ago, Bob Takitani who -- it started, I think, before he was chairman. When he was chair they spent meeting after meeting going over this letter about the director and about what they wanted to see him accomplish and change and so on. So it's just a lot of board time spent on that. And there was ultimately a letter sent and a lot of that was implemented in these questions. Perhaps there are some other aspects of it that could be additionally implemented to make it a better selection of questions. There was also other things brought into this that were things discussed at board meetings, some comments from the last evaluation that some of the members had felt were things that needed to be changed or worked on. So this is really a compilation of a lot of different things. Mike? MR. NOBRIGA: I would like to refer to Ellen Kraftsow. CHAIRMAN STARR: Come forward, Ellen. MS. KRAFTSOW: I guess one thing I would say is whatever criteria the board wants to evaluate staff and our director on, obviously, that's the board's privilege; but it would be nice if you set the criteria clearly up-front and then gave them some time to operate against those criteria, instead of back casting about -- you know what I mean? Another thing is that it would be nice if funding and resources were consistent with those criteria and how heavily they are weighted. That's all. MR. CRADDICK: May I say something? CHAIRMAN STARR: Do you have comments, David? MR. CRADDICK: Yes. I hesitate in making them because Peter's going to reword them. But you were all sent a letter from QualServ group saying it's not proper to be even using that QualServ in this content, because that's not the intent of it, so I would object strenuously to any reference to QualServ. And that's something for self-assessments, self-improvement. And to focus only on the weaknesses of that, when there are lots of other parts to that report, is not proper. The other thing is, you know, having a nebulous question in there, you know, is the council happy with you. I haven't passed them out, but I got letters from all the councilmen or most of them, more than five, let's put it that way, happy with the work we're doing. So in this criteria question, is it a yes, the council is happy with you and you get a ten, if five or more of the council members or if one council member says, I'm not happy, then it's a zero. I think it goes back to what Sally was talking about that there's -- the short story is that it's really rigged to fail and I don't particularly like it because of that aspect to it. Anybody can put anything they want. If they hear one customer out in the system that doesn't like what's going on, then that's a zero, potentially. It has that potential. I'm not saying everybody would do that. But that's just my comments on it, generally. CHAIRMAN STARR: Good comments, and I'm sure some of that will be taken into account. MR. RICE: I would ask the board members, as it relates to the performance evaluation, to keep in mind that you should, and to the extent you feel strongly about something, it should be included in here; but you need to communicate your level of expectation to the director. I'm a firm believer in that. And once that is done, whether he likes it or not, he will know whether he is able to perform acceptably or not. If we don't communicate what our level of expectation is, then we have a hard time evaluating anybody. So in your own cases, you have -- and it gets to the issue of writing things or not wanting to say things; but you, in your own mind, have an idea of what you expect from the director, so let's say it. If the board as a whole disagrees with you, that's fine. Then that won't be a criteria and it won't be fair for you to judge him on that. But if the board as a whole agrees, and that's why I asked the question about job description, because you generally tell somebody what their job is when you hire them. You don't say here's the charter and your job is to -- certainly that's one of the items on the list, but it's not the -- list of duties. So you need to communicate your level of expectation. Whatever it is, or however many items it is. CHAIRMAN STARR: Kent had his hand up first. MR. HIRANAGA: Thank you. I guess my perspective of this is, since typically the evaluee (sic) versus the evaluator, I think what Peter says is that you need to have a job description with certain tasks and also milestones that you feel he needs to accomplish within the fiscal year. Then one year from that point is when you conduct the evaluation. And I don't know what the history is, but if you are creating a criteria for him to be evaluated with and you are going to evaluate him now based on that criteria which he didn't know he was being evaluated on, I don't see that being a fair thing. I know for whatever reason you want to evaluate him now, but I think you need to do the job description and have milestones and then wait a year to see if he has accomplished those things. One suggestion, maybe, is to query other counties if they have job descriptions of directors of their Board of Water Supply, so you don't have to reinvent the wheel. And then there's, I guess, corporations have standard evaluation forms that you could glean. A lot of these are -- some of these questions are good. And it's upon the board members to go talk to the mayor or go talk to the council, are they happy with the director. But he needs to know these criteria first so he has a year to work on them. CHAIRMAN STARR: Clark? MR. HASHIMOTO: At the college, we have job descriptions and we do a self-evaluation every year and maybe some of these questions can be included in the self-evaluation. It's not a Board of Water Supply report. It's something he had accomplished -- whatever the department accomplishes is part of his. But it's hard for me to answer some of these questions without really a report on what he did. I don't know everything he did or accomplished. Like Kent said, if we have a job description and a criteria on what we expect him to accomplish during the year, his future implications or what he sees in the future, etc. It might be difficult to evaluate. I would go along with what Kent said. MR. NOBRIGA: I would like to request that your committee report include former Chairman Takitani's report, our current strategic plan, a copy of the charter that goes over the powers, duties, and functions of the director, in addition to the current community development plans. This should all be part of the committee report. These are basis of -- that's the basis of what we're supposed to be doing. And because of the volume of paper and they just don't all fit in my briefcase, I can never find these things ever again. It vanished. CHAIRMAN STARR: Do you have the list? MS. FALCON: I think I do. MR. CRADDICK: The list you asked for? MR. HASHIMOTO: Not that list. MS. FALCON: Bob Takitani's, I guess. MR. NOBRIGA: The 1997 or 1998 evaluation criteria. Fran knows about it; she gave it to me about three times already. Damned if I can find it. Howard Nakamura's 2000 strategic plan. So I don't know if we still use -- if we're using that plan in CIP and stuff or we're still using the original Bob's bullets. But Bob's bullets is pau. We stay on the strategic plan now, which is about 80 pages too. Chairman did include in his previous report the charters, specifications of the job description; but we have never received on the board, and what we are charged to do is to keep up with the community development plans, and we have never reviewed formerly the community development plan. MR. CRADDICK: We have a workshop next week. MR. NOBRIGA: Ellen probably knows all of this information. MS. KRAFTSOW: I would not say all. MR. NOBRIGA: Just a summary, I don't want to actually read the whole -- I try to. Every time I get my agenda I go to my porcelain library and I can never read it all. MS. KRAFTSOW: That's actually one of our questions. In developing the water use and development plan, we have to comply with the community plans; but there's several areas of the community plans, sometimes they will say something very important in their goals and objectives but it won't be in the implementing actions in the back. Other times, one community plan says we want to develop this much, and it's like three times what we would normally build, and another community plan says you can't take water out of here. So there are conflicts between and among the community plans and even within them, and so one of the questions for the water use and development plan is what constitutes complying with these community plans. Even when you have them it's not always clear. CHAIRMAN STARR: Anyway, I want to try to wrap this up and get to our direction. Orlando, you have a question? MR. TAGORDA: Like I said, I have been here almost five years; I only had a chance to evaluate the director one time. He knows his job, he knows his job description mandated by the county charter. Whatever criteria we have in mind and communicate with the director, we can see how -- each one of us has criteria in mind, which is a good question or not. I think the committee on operation had done a lot of research on strategic planning. Bob Takitani's criteria was originally one of the board members who created that format. If you read all of these tough questions, I take this encompasses a lot of the director's job. You can see whether he's going to have a blindfold on or not, and by answering the questions honestly now. Honestly. If you want, we can do like survivor, you put the answer yes or no in the hat and see what happens. Don't you want to do that too? Let's be fair. MR. NOBRIGA: Tribal council? MR. TAGORDA: Instead of a lot of criteria, nonsense questioning and all that, let's do it that way. Make it fair for the director -- to retain his job, that's it. Simple. What I need to evaluate the director -- I'm almost going out, give the chance. MR. RICE: I think evaluating is not necessarily stay or go. Evaluating someone's performance over a course of a period, there's a lot of input. They may need a lot of direction in one area. That doesn't mean they get fired or they don't get fired. So that's what -- the performance review is not simply about stay or go; it's about giving him input as to what -- CHAIRMAN STARR: But there has to be the stay or go part. MR. RICE: The stay or go decision, sure. CHAIRMAN STARR: By charter we're mandated to hire or fire the director, so we have to have a stay or go component. And that was my problem with the previous process because it didn't have that. All it was, was just comments on the director and there was no actual teeth to it. So I think that there has to be a stay or go component, and then there has to be in the shade of gray the correction or the ability to improve performance if it's in the stay category. MR. RICE: I agree with that. CHAIRMAN STARR: Let's try to reach a consensus here, because I do feel we should proceed with the evaluation. I know I'm happy with the basic framework, but -- and Peter has offered to spend some time trying to go through the questions and work them out. MR. TAGORDA: I would be willing to wait for Peter or Kent's suggestions and let's work it out to wrap it up. CHAIRMAN STARR: Do we need to come back to another committee meeting, or if you send something out -- MR. RICE: I'll send something out. CHAIRMAN STARR: I would like to work with you on that. And then if we send something out and if the committee members -- basically, the committee is becoming -- if most of the board feel that that's good, we can go -- if it's all right, we'll go straight to a board meeting with it. MR. HIRANAGA: May I make a comment? CHAIRMAN STARR: Sure. MR. HIRANAGA: Upon review of these ten questions, I think eight of them are good questions. I perceive question No. 8 would be like the milestones. You say you have quantitative criteria, then you have milestones to be accomplished next year. It appears like No. 8 would be the milestones. To me, you could have a chairman at the beginning of his term establish the milestones, and then you have an annual review. So prior to the chairman's term or you do the review, annual review, versus a random decision to have an evaluation. That way it gives the chairman some direction as to where he wants the board to go, but he creates the milestones, he has this set criteria so that there is some stability in the evaluation. CHAIRMAN STARR: My own feeling of moving forward, that's a good idea. I also feel beyond that, though, there are certain subjective things that a director or any employee has to follow. I know I have had troubles with this in the past and commented vocally for a while at board meetings and I kind of gave up with that. It was related to credibility and whether, you know, the presentation of information and so on. I know that there has been a lot of that at board meetings over the years, and kind of -- people who were doing it kind of gave up on doing it, because you can't -- how many times can you say the same thing. But I feel that's sort of there; that's sort of important. I do feel we have a process and if anyone wants to make a motion -- MR. FUKUSHIMA: If I may, Mr. Chairman. I have a small problem with what you are proposing, that there would be discussions among board members outside of the official setting. MR. RICE: We would never do that. MR. FUKUSHIMA: There's the potential for violations to Chapter 92 if it's done that way. My recommendation is that you do have one more meeting, at least, to decide and take action on a recommendation to the full board. Again, from what I was hearing and your proposal -- CHAIRMAN STARR: No, no, we were not -- MR. FUKUSHIMA: -- that if most of the board members feel it's appropriate, then in my mind, that means that a decision has been made already among the board members outside the -- CHAIRMAN STARR: No, we were not going to -- I think you were misunderstanding. MR. FUKUSHIMA: That's what I heard from you, that if there was in essence an agreement, then we take it to the full board. And if that agreement is being made outside an official board meeting or a committee meeting, I have some problems with that. CHAIRMAN STARR: The agreement was not about -- the subject was to take it to the full board, not to decide on it. But if you are happier to have another committee meeting, it will be my pleasure to schedule another committee meeting before we send it to the board. MR. HIRANAGA: Mr. Chair, couple more comments. I feel that there's some merit to this numerical grading system; but I feel the final decision whether to terminate or retain the director should be done by the vote of the board, be it silent or open, five votes to take action. Because then the numerical rating will give him an indication how good a job the board feels, you know, if it's an A, B, C, or D rating. But it still leaves the ultimate decision that five board members have to determine his status versus just relying on a numerical rating. CHAIRMAN STARR: It was my belief that ultimately that would have to happen anyway. There would have to be a motion to act in that. MR. HIRANAGA: Thank you. MR. CRADDICK: Jonathan, this is more in response to Orlando's things about this nebulous credibility and informational meeting, and I know people keep bringing that up and I keep asking the question: Do you have a specific example? And I have yet to hear specific examples of what it is. Now, information at the meeting, I've asked on many occasions what is it that you want. We never get any calls, rarely. I never get any calls from anybody saying, Hey, I read over this stuff, I don't have this information, I want this information in the meeting. Because, I mean, we'll do everything we possibly can to get the stuff to the meeting if you need it; but when nobody calls, nobody asks for anything, we assume you have the information you need. So to then come up and say we want information, and nobody is asking for it, I don't know what I can do. We used to have agenda packages that were inches thick, that provided everything you possibly could, and then board members said, We can't read all of this crap, cut it down. So okay, it gets cut down. And then you got one saying, Oh, we don't have enough. But again, all I ask and that's all I can ask, is if you see something in the minutes that you need to make a decision and you don't have, I mean, we'll bend over backwards to try to get it to you. And I think you all know that we do if -- even if it's not specific, if it's other things in general we try to get them to you one way or the other. CHAIRMAN STARR: I believe we have someone who wants to give testimony. MS. AMARAL: My name is Zandra Souza Amaral, for the record, and I'm for the citizens of the Kihei community. I'm here on behalf of Mr. David Craddick, for members of the Kihei community as well as myself. Not very many, but enough that can be vocal so that people, our directors of our departments of our county are not put forth in a kangaroo court, which is what was terminated to me. My request to all of you is quite simple, Chair and members, is number one, do not evaluate an employee of the public or of the administration on principals and rules that you suggest to put forward as criteria that he should have followed. In front of me I have the charter; we reviewed this last night, his duties. Mr. Craddick has not only shown us in board water meetings within the board, but also within the community. We recall that man has spent numerous hours with myself in his office, other members of my community, explaining to us the rational about the water shortage, the wells, the aquifers and the like, educated an otherwise ignorant, ignorant community. Ignorant individuals such as myself. This is more than any director has done since I had been born into the territory of Hawaii, has ever done for us. Many have not found the time. Mr. Craddick has found the time to service not only the board, and I might say very patiently, with much diligence, having to put up with the rhetoric that he has had to put up with. I'm sorry if that's out of order, but that's how we feel. You change. There are many of you; there is one of him. There is many of us. He tries very hard to service all of you with all of your various and devout ideas, wishes, wants, often neglected needs; but he does an absolutely superb job, in my view, in addressing the needs and the concerns of the community. There may be few in the community or many, I don't know, I can only -- that may not agree with me, but I can only speak for myself and those that I work with. So I ask all of you if you are going to evaluate Mr. Craddick, do it on the principals that he took and accepted the position with, and that is by the code of charters that is established right here in this book, as well as anything else that he may have reviewed with you or previous boards when he accepted the position as director of our water department. Use those criteria. And if he has not by any way followed through in his obligations to yourselves, the mayor, or the citizens of Maui County, then and only then do you have the power or the authority to dismiss him. Whether that's your intent or not, that is the intent that we feel some of you on this board have. And we ask you to do it fairly, squarely, we know that you can, but get your egos out of the way and put yourselves on the side and put the people first. And that is my testimony. Thank you gentlemen. I'm sorry there's just no lady here that I can address, because you need one. And that is on the record. CHAIRMAN STARR: Any questions? Okay. Anyway, do we have a consensus that we'll come back again with a refined set of questions to examine them? Anyone have a problem with that? That will be our recommended action to the board, that we come back. Also, we have two sets of minutes in the package. If we can get a motion, I believe it's February 21st and March 6th. MR. TAGORDA: I move that the minutes on February 21, 2001 and March 6, 2001, given 30 days' review, to be approved and filed. MR. NOBRIGA: Second. CHAIRMAN STARR: All in favor say "aye." (A chorus of ayes.) Thank you. The minutes are approved and the meeting is adjourned. Thank you all. (The deposition concluded at 11:45 a.m.)

"By Water All Things Find Life"

Department of Water Supply
County of Maui
P.O. Box 1109
Wailuku, HI 96793-6109
Telephone (808) 270-7816
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