2023-07-28 Merit Appeals Board Minutes

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Merit Appeals Board July 28, 2023 The Chair would also like to state that in my prior work experience with the County of Hawaii, I know all of these fire battalion chiefs in the course of their work with the Hawaii Fire Department and my work as a HR Manager in the Department of Human Resources. But I feel very strongly that I can be objective and that my working relationship with these fire battalion chiefs will not sway me in any way, as the Chair, and as a member of the Merit Appeals Board. If there are any concerns or questions, please raise it at this time. Mr. Wiseman, you have a question? MR. WISEMAN: Not a question, just a statement. I would compliment the Chair on her disclosure—public disclosure of those facts. Something the U.S. Supreme Court doesn't seem inclined to do. Thank you. CHR. CABANAS: Thank you, Mr. Wiseman. I just want to state that in the course of my work for the County over thirty -seven-and-a-half years, even when I knew individuals personally or through work—it didn't sway me in my work for the Department of Human Resources. And my position remains the same as the Chair. It's not going to sway me in any way. Anyway, at this time, so after this was—after Communication number 23-03 was agendized, we received from the attorneysBronster Fujichaku Robbins, a Law Corporationa Communication number 15-01 through 15-14 a stipulation—one, for mediation; and Number two, to withdraw the appellant's motion for mediation, dated June 20'', 2023. And it's listed on the form that this is Communication number 23-03.01. So, I'm going to read the stipulation, if you can follow along with me. (At this time, Chair Cabanas proceeded to read Communication No. 23-03.01.) CHR. CABANAS: On the form you will notice that they typed in "Approved and so ordered" and has my name, "Gabriella M. Cabanas, Merit Appeals Board Chair, County of Hawai`i." But this, to me, requires Board action in order for my signature—my electronic signature, to be noted on the stipulation. Now, before we go any further, this appeal goes back to 2015 with another Merit I mean, it was with the Merit Appeals Board for the County but with five different members. It has gone eight years and we now have new members on the Merit Appeals Board. A lot of history has gone in the eight-year period. The appellants filed an appeal to the Circuit Court and then they filed an appeal to the Intermediate Court of Appeals. And the Intermediate Court of Appeals then ruled in the battalion chiefs favor, which led to this request for mediation, but in the meantime they—two parties agreed to go through the mediation. So, we don't really need a hearing today because they have decided on the mediation. Page 4