2021-08-16 Merit Appeals Board Agenda

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Hawaii County Dept. of Human Resources 08/10/2021 02:05:18 PM Merit Appeals Board August 16, 2021 1) Call to Order 2) Addendum to Agenda (requires four votes and must comply with Hawaii Revised Statutes § 92-7(d)) 3) Statements from the Public: Testifiers will be required to wear a protective mask that covers their mouth and nose, physically distance themselves from others, and sanitize their hands prior to entering the meeting site. 10:00 A.M. HEARING RE COMMUNCATION NO. 21-02 (Hearing concerns the preliminary issue of whether the Board has jurisdiction under Section 76-14, Hawaii Revised Statutes, to hear the appeal.) Communication No. 21-02, received on April 30, 2021, appealing a recruitment and examination, and employment action (failure to provide a fair and transparent process for the selection of the fire chief) by the Fire Commission; and Communication No. 21-02.01, received on June 8, 2021, regarding County's (hereinafter referred to as "Appellee") Memorandum Regarding the Merit Appeals Board's Lack of Jurisdiction; Certificate of Service; and Communication No. 21-02.02, received on June 22, 2021, regarding a letter from the Appellee, notifying the Board that the Memorandum filed on June 8, 2021, (reference Comm. No. 21-02.01) was inadvertently not sent to the Appellant); and Communication No. 21-02.03, received on June 23, 2021, regarding a letter from the Appellant, notifying the Board that the Appellant did not receive the memorandum from the Appellee by the June 9, 2021, deadline and requested additional time to submit their responsive brief. (Note: The Board granted the Appellant's request for a continuance via a letter dated July 6, 2021, sent by certified mail to both parties.); and Communication No. 21-02.04, received on July 6, 2021, regarding Appellant's Position Statement on Whether the Merit Appeals Board has Jurisdiction in this Appeal; Exhibits "A" — "B"; Certificate of Service; and (Communication No. 21-02.05 continues on the next page.)