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Merit Appeals Board <br />MR. HALVORSON: Yes? <br />December 16, 2020 <br />CHR. NAMAHOE: So, as we are looking to determine our jurisdiction over this issue. Right <br />now a dispute—is one of these pieces—one of these communications, which is the witness list <br />that have been read into record. Again, what is being disputed is section—Communication <br />Number 20-1.05. <br />MR. HALVORSON: That's the Appellant's list? <br />CHR. NAMAHOE: The rebuttal witness list, which according to the County, was a rebuttal <br />witness list without the initial witness list. Did I say that correctly, Mr. Mukai? <br />MR. MUKAL Correct and was never provided to our office. <br />MR. HALVORSON: Mr. Mukai, are you claiming that you were prejudiced by that? <br />MR. MUKAL A trial by ambush—we never had the initial witness and exhibit list, so we would <br />object on that basis. <br />MR. CHILLINGWORTH: Madam Chair, this is Chillingworth here. May I suggest that we <br />include the documents in the record in order to make it a record of the morning's proceedings <br />and move on? <br />CHR. NAMAHOE: Thank you. So, I'll take that as a motion right now and a second, please? <br />MS. HUGHES: Second. <br />CHR. NAMAHOE: Thank you, Ms. Hughes. All in favor to enter this into the record? <br />AYES: Board Members Chillingworth, Hughes, Ventura, and Chair Namahoe – 4. <br />NOES: None. <br />ABSENT: None. <br />EXCUSED: None. <br />CHR. NAMAHOE: All right. I appreciate that. Good housekeeping. Thank you, <br />Mr. Chillingworth. <br />Right now, just the issue on the table is one of these communications—although we just read it <br />all into the record. Did the parties have any statements or comments in regards to the issue of the <br />case? <br />REP. SHOOK: Yes. Yes, we do. In the process of this case, we might show that some laws <br />have been violated and we need to know if this hearing has the authority to see if any violations <br />of HRS's have been done—and civil rights and constitutional rights. <br />Page 8 <br />