2021-08-16 Merit Appeals Board Minutes

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Merit Appeals Board August 16, 2021 Statements from the Public (Item 3) CHR. CABANAS: No "Statements from the Public." 10:00 a.m. Hearing Re Communication 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) CHR. CABANAS: So, we're going to move on to communications that I need to enter into the record. And so, before I read them, I'm going to ask that Mr. Yoshimoto step out for a few minutes because the—our attorney on this matter is not Mr. J Yoshimoto. Itour attorney on this matter, because it's an appeal before the Merit Appeals Board, is Ms. Amanda Furman who is sitting in via Zoom. She's our Deputy Attorney General. And I'm going to ask Mr. Perreira, if you can approach the dais here as I read the various communications and enter them into the record. So, thank you for doing that. So, there's a number of communications, so if you can bear with me. And the communication really deals with hearing Communication number 21-02. It's the hearing concerning the preliminary issue of whether the Merit Appeals Board has jurisdiction under Section 76-14, of the Hawaii Revised Statutes, for the Board 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 CHR. CABANAS: At this time the Chair would like to acknowledge that Exhibit B was not submitted to the Merit Appeals Board that the Appellant called our Secretary -Reporter last week Page 3