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Merit Appeals Board <br />August 16, 2021 <br />MR. PERREIRA: Chair Cabanas, and Board Members, thank you for your time today. <br />I do have an objection. And my objection is that it's very clear and simple that in 76-14 the <br />Merit Appeals Board duties and jurisdiction, the Merit Appeals Board of each jurisdiction shall <br />decide appeals from any action under this chapter taken by the chief executive officer, the <br />director, and appointed authority which the Fire Commission is an appointing authority—or a <br />designee acting on behalf of one of these individuals relating to: Number 1, Recruitment and <br />Examination. And I'll end there. My objection is that 76-14(a)(1) clearly states that you guys <br />have jurisdiction that the Merit Appeals Board shall have jurisdiction. And that's my <br />objection. <br />If that's the process that I need to go through after this meeting today, then that's the process I <br />will go through because our department—our Fire Department—is suffering under this <br />leadership. Thank you. <br />MS. FURMAN: So, Mr. Per <br />CHR. CABANAS: Mr. <br />MS. FURMAN: Sorry. Mr. Perreira, the Board the Merit Appeals Board will not be deciding <br />the merit of that jurisdictional issue and is going to be submitting it to the Hawaii Labor <br />Relations Board—we'll be submitting your briefs and your appeal form as well. <br />Do you have any objection to your appeal form and the brief that you submitted regarding the <br />jurisdictional issue that has your position on this Board's jurisdiction to hear your appeal, do you <br />have objections to those filings that you submitted to the Merit Appeals Board being submitted <br />to the Hawaii Labor Relations Board? <br />MR. PERREIRA: I do not have any objections to that. <br />MS. FURMAN: Okay. Thank you very much, Mr. Perreira. Thank you. <br />MR. PERREIRA: Thank you. <br />CHR. CABANAS: Thank you, Ms. Furman, and Mr. Perreira. Ms. Heroldt, do you have any <br />objection to the Merit Appeals Board's submitting Mr. Perreira's appeal form and all the briefing <br />material you submitted on the jurisdictional issue to HLRB? <br />MS. HEROLDT: No, Madam Chair, Appellee has no objection. Thank you. <br />CHR. CABANAS: Okay. Thank you, Ms. Heroldt. This Board will be mailing you copies of <br />this Board's petition for declaratory ruling to the Hawaii Labor Relations Board once it is filed. <br />But please be reminded that it will be up to you to become intervenors and represent your <br />interest in those proceedings. <br />Page 7 <br />