2022-07-18 Merit Appeals Board Minutes

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Merit Appeals Board July 18, 2022 CHR. CABANAS: Thank you, Gay. Any discussion? No discussion. We'll start with a roll call vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. There are three ayes. Motion carried for the Board to go back into executive session. CONVENE: The meeting convened at 10:26 a.m. in executive session. RECONVENE: The meeting reconvened at 11:50 a.m. in open session. 10:00 A.M. OPENING STATEMENTS ON THE ISSUE OF WHETHER THIS BOARD HAS JURISDICTION TO HEAR THIS APPEAL RE COMMUNICATION NO. 22-04: Communication No. 22-04, Received On April 5, 2022, Appealing A Recruitment And Examination Action By The Hawaii County Department Of Human Resources (DHR) And Hawaii County Department Of Environmental Management (DEM) (Alleging That DHR Submitted An Incomplete List Of Candidates To DEM; And DEM's Non - Consideration Of The Appellant's Application); And Communication No. 22-04.01, Received On June 8, 2022, Regarding A Letter From The Appellee, Requesting A Two -Week Extension To File Their Position Statement; And Communication No. 22-04.02, Dated June 9, 2022, From The Merit Appeals Board Denying Appellee's Request For An Extension; And Communication No. 22-04.03, Received On June 9, 2022, Regarding Appellees' Position Statement; Exhibits "1" – "3"; 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 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: Okay. It is now 11:50 a.m. and this is Chair Cabanas. I would like to call the meeting back to order in open session. The question to our legal counsel, J Yoshimoto, is the Board has certain concerns and would like to discuss certain areas that have arisen as a result of discussions made earlier in a closed Page 5