2022-02-11 Merit Appeals Board Minutes

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Merit Appeals Board February 11, 2022 MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. We have four ayes—motion carried for the Board to enter into executive session at 10:38 a.m. Pardon me? MS. MATHEWS: You said "four." CHR. CABANAS: Oh, I'm sorry, five votes—five, yeahI said four. Five votes for the Board to enter into executive session at 10:38 a.m. on February 11, 2022, to discuss Communication number 21-02.06 and all the other communications listed below that on the agenda. RECESS: The Chair called for a recess at 10:38 a.m. to convene executive session. RECONVENE: The meeting reconvened at 10:43 a.m. in open session. 6B) Communication No. 21-02.06, From Amanda Furman, Deputy Attorney General, Office Of The State Attorney General, Transmitting The Findings Of Fact, Conclusions Of Law (FOF COL) And Order Concerning Communication No. 21-02. Based On The Foregoing FOF COL, The Merit Appeals Board Orders That The Instant Appeal, Shall, And Is Hereby Dismissed With Prejudice For Lack Of Subject Matter Jurisdiction Board Action Required: Approval Of FOF COL (And Filing Of All Related Communications); And 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 Communication No. 21-02.05, Received On July 8, 2021, Regarding Appellee's Reply Memorandum Regarding The Merit Appeals Board's Lack Of Jurisdiction; Certificate Of Service; 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 Page 11