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<br /> <br />Page 8 <br />1 <br />oral arguments on this motion. <br />2 <br />Does either party have any additional <br />3 <br />evidence? <br /> <br />4 <br />So, County, if you would like to make your <br />5 <br />oral argument. <br />6 <br />MR. MUKAI: Thank you. <br />7 <br />With respect to the appeal of Kelly Mayne, we <br />8 <br />filed a motion to dismiss based on the Board's lack of <br />9 <br />jurisdiction in this case. I'm anticipating the <br />10 <br />argument that what the prosecuting attorney's office <br />11 <br />did was a recruitment. And so, under 76-14, I would <br />12 <br />agree that any person can seek remedy under 76-14.1 <br />13 <br />through the Merit Appeals Board, but we need to be <br />14 <br />careful with making bright-line rules, because in <br />15 <br />Mr. Mayne's case -- and I will segue into all appellants <br />16 <br />as a whole -- in Mr. Mayne's case, he did, in fact, seek <br />17 <br />remedy through the collective bargaining unit; and I've <br />18 <br />attached as Exhibit F to my motion, and it's a letter <br />19 <br />dated July 26, 2017, from Ms. Hokoana, union business <br />20 <br />agent of the HGEA. <br />21 <br />Now, what's interesting in this submission is <br />22 <br />if the Board were to turn to the third page where <br />23 <br />Ms. Hokoana states Article 13. And under Article 13 of <br />24 <br />the HGEA Unit 13 collective bargaining agreement, there <br />25 <br />is a remedy to be pursued in the collective bargaining <br /> <br />ISLAND COURT REPORTING & TRANSCRIPTION SERVICES <br />(808) 933-9800 <br /> <br />