2018-05-09 Merit Appeals Board Minutes

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Merit Appeals Board May 9, 2018 MR.MAKAIO: It's fine with me for them to be here because it's really not about the job that I'm here for. I'll explain as soon as you let me get up to the mic. CHR. NAHUINA: Thank you. MR. MAKAIO: Okay. CHR. NAHUINA: Are we okay with that? Fine—thank you—so that will be fine. Thank you. If the answer to the above is "yes" then what remedy can be awarded by the Merit Appeals Board. Are there any questions or disputes concerning the Board's jurisdiction over this matter? MR. MUKAL Not at this time, but based on Mr. Makaio's recent statement—possibly. CHR. NAHUINA: Do the parties have any statements or concerns with regard to the issue in this case? No? Well, we'll continue then. The strict rules of evidence will not apply in this hearing, however, the Board requests that all parties confine themselves to the matters connected with today's hearing that the issue before the Board—if witnesses are used, the opposite parties will be allowed to cross-examine the witness. Members of the Board may also question the witness after the witness's testimony. Are there any questions? If not, we're going to proceed. All right. I'd like to allow the Appellant to make an opening statement. MS. YAMADA: Mr. Makaio you come forward, please? MR. MAKAIO: Okay. CHR. NAHUINA: This will be an opening statement. MR. MAKAIO: So, you want an opening statement from me? CHR. NAHUINA: Yes, please. And we would swear him in after the opening statement or now? MR. THOMASON: After. CHR. NAHUINA: Okay. I'm sorry. MR. MAKAIO: Again, my name is James Levi Makaio—and I'd like to thank the Board for hearing and allowing me to appear before you to explain my situation. Now, I did not understand fully the process of going through the process of getting the job. My main concern was that there was no one for the job that was stepping up. And that's the reason Page 4