2021-08-16 Merit Appeals Board Minutes

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Merit Appeals Board August 16, 2021 Additionally, the County has argued that the position of fire chief is exempt from civil service law, that the Fire Commission has the exclusive authority and discretion to hire the fire chief and that the Board cannot grant the remedy sought by Mr. Perreira. Mr. Perreira, on the other hand, takes that position that his Board does have jurisdiction over the issues raised in his appeal. He refutes that his appeal should be addressed under Hawaii Revised Statutes, section 92F, and argues that pursuant to the Hawaii Labor Relations Board's decision, Number 445 in the "Amador" case, as long as Hawaii Revised Statutes, section 378-2 does not apply to any of the issues raised on appeal, then the Merit Appeals Board retains jurisdiction over this matter. This Board notes that Hawaii Revised Statutes, section 76-14, subsection (c)(2), and section 104-3(b) of this Board's Rules both require that the Merit Appeals Board shall not proceed on an appeal or shall hold proceedings in abeyance if there's any controversy regarding its authority to hear the appeal until the controversy is resolved by the Hawaii Labor Relations Board. We read these provisions as requiring that any controversy regarding this Board's authority to hear an appeal, to be resolved by the Hawaii Labor Relations Board. Because there is a controversy over this Board's authority to hear this appeal, the Board will be holding these proceedings in abeyance, and submitting the controversy regarding its authority to hear this appeal to the Hawaii Labor Relations Board. The Board will not hear arguments on the jurisdictional issue today. Instead, the Board will be submitting Mr. Perreira's appeal, appeal form, and both parties briefs on the jurisdictional issue to the Hawaii Labor Relations Board with a petition for declaratory ruling on the issue of whether the Board has authority to hear this appeal. The Merit Appeals Board will not take a position on the jurisdictional issue in the proceedings before the Hawaii Labor Relations Board and will not represent either of your interests. Thus, you are both strongly urged to file a petition for intervention with the Hawaii Labor Relations Board, so you can represent your own interests before the HLRB. If the Hawaii Labor Relations Board determines that the Merit Appeals Board has the authority to hear this appeal, then we will lift the abeyance on these proceedings and go forward with this appeal. However, if the Hawaii Labor Relations Board determines that the Merit Appeals Board does not have the authority to hear this appeal, then we will dismiss this appeal. Does either parry have an objection to the Merit Appeals Board submitting Mr. Perreira's appeal form and all of the briefing material you submitted on the jurisdictional issue to the Hawaii Labor Relations Board? Mr. Perreira, I'm going to ask you first if you have any objection at this time. Page 6