2021-08-16 Merit Appeals Board Minutes

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Merit Appeals Board August 16, 2021 So, Mr. Yoshimoto is now back as our attorney. Thank you, Amanda, for your help with the Robert Perreira appeal. Thank you very much. MS. FURMAN: I will stay for—until the (inaudible/Appellant) matter. CHR. CABANAS: Okay. Thank you. Oh, shall we take it out of order. So, if there are no objections, we can do that. MR. KUNZ: No objections. CHR. CABANAS: Okay. Let's do that. Now, where are we. Under "Unfinished Business" so we will go to "Unfinished Business" for discussion and appropriate action. Entering into the record, we have the following communications. Communication No. 21-01, Received On March 8, 2021, Appealing A Recruitment And Examination Action (Discharge As A Police Officer I During The Police Recruit Process) By The Hawaii County Police Department; And Communication No. 21-01.01, Received On April 19, 2021, Regarding County's (Appellee's) Witness And Exhibit List; Certificate Of Service; And Communication No. 21-01.02, Received On May 18, 2021, Regarding County's (Appellee's) Subpoena; Notice To Appear, Was Approved On May 19, 2021, By Merit Appeals Board Chair Gabriella M. Cabanas (Note: At The Merit Appeals Board Hearing Held On May 26, 2021, On The Above Matter, The Appellant Requested A Closed Hearing. Following The Board's Discussion In Executive Session And Upon Exiting Executive Session, The Board Rendered Its Decision And Voted In The Closed Hearing With Both Parties Present. In Accordance With Hawaii Revised Statutes, Chapter 92, The Board Will Recite Its Decision Rendered On May 26, 2021, And Vote In Open Session) Board Action Required: Board To Recite Its Decision Rendered On May 26, 2021, And Vote In Open Session (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: Not listed on the agenda is also Communication number 21-01.03 which is the executed subpoena to Communication No. 21-01.0, which is the executed subpoena to Communication No. 21-01.02. So, at this time, I would just like to note that the minutes of the closed hearing reflected that Mr. Kunz made a motion and it was seconded by Mr. Ventura. Ms.—and then we all voted in the closed hearing. So, I'm going to ask for a motion now that we are in open session, and what we're going to do now is we need a motion made by the same individual by the same Board member, who was Page 9