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Merit Appeals Board <br />December 16, 2020 <br />MR. MUKAL I don't think this is the proper arena for anything other than whether or not the <br />Hawaii Police Department did anything improper when it deemed Mr. Shook, Appellant Shook, <br />not be suitable to be a Police Officer Recruit I—and that's the only issue before this Board. <br />REP. SHOOK: Madam Chair, in the process of showing that he was wrongly removed, wrongly <br />treated by their own statements, we're going to show wrongdoing. <br />MR. HALVORSON: Madam Chair, this is Deputy Attorney General Jim Halvorsona wide <br />open inquiry into whether or not there's been some kind of violation of law is inappropriate and <br />asked to be focused on whether or not it relates to the issue before the Board—and that is, <br />whether or not the County Police Department wrongfully violated civil service laws when they <br />disqualified the appli the Appellant from further proceeding in the recruit process. <br />CHR. NAMAHOE: Looking at the Rules of the Merit Appeals Board right now, Chapter 104, <br />section on the appeals to the Board—and within it, section 104-3, jurisdiction <br />Section "(a) The Board shall not act on an appeal but shall defer to other authority if the <br />action complained of constitutes a prohibited act that is subject to the jurisdiction of <br />another appellate body or administrative agency or the grievance procedure under a <br />collective bargaining agreement"; Section "(b) The Board shall not proceed on an appeal <br />or shall hold proceedings in abeyance if there is any controversy regarding its authority to <br />hear the appeal until the controversy is resolved by the Hawaii Labor Relations Board"; <br />"(c) The Board shall not hear any appeal for which the requirements of Section 76-42, <br />when applicable, have not been met." <br />I'm going to ask that we go into executive session with our attorney general so that we can <br />discuss this. May I take a motion for that? <br />MR. CHILLINGWORTH: So, moved, Madam Chair, Chillingworth here. <br />CHR. NAMAHOE: Thank you, and second? <br />MR. VENTURA: Second. <br />CHR. NAMAHOE: Thank you, Mr. Ventura. Ladies and gentlemen, if you'll please exit the <br />room so that we can have that discussion. Oh, may I have a vote on that, please? I'm going to <br />need a vote, ladies and gentlemen? All in favor that we're in executive session? <br />AYES: Board Members Chillingworth, Hughes, Ventura, and Chair Namahoe – 4 <br />NOES: None. <br />ABSENT: None. <br />EXCUSED: None. <br />CHR. NAMAHOE: Thank you. We're in a short recess until we have a short privacy. <br />Page 9 <br />