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Merit Appeals Board <br />February 23, 2024 <br />CHR. CABANAS: In the past, I believe—if my memory serves me right—that it's at the <br />hearing. It's the timeliness, it's whether MAB has the jurisdiction to hear the appeal. <br />MS. DE SOTO: So, if that's the case, then should we just be proceeding in scheduling the <br />hearing rather than deferring the scheduling of the hearing. <br />CHR. CABANAS: We can, if the Board so chooses. <br />MR. KUNZ: But we wouldn't be hearing the dismissal. I thought that was—we're deferring it <br />to hear the dismissal first? <br />MS. DE SOTO: Yes. So, my question was, does the dismissal happen separate—or the request <br />to dismiss happens separate from the hearing itselfor does that point typically be made at the <br />hearing. 1 -just for consistently sake. <br />MR. KUNZ: Counsel, do you <br />MR. THOMAS: If I may, I would ask that a hearing be set on the County's motion to dismiss <br />and, perhaps, we can set rather than March, in April that way we can submit a written motion <br />to the Board and to the Appellant allowing time to respond. And then, at this next hearing <br />date—say, April then that's when the Board has an opportunity to ask us questions and we can <br />present oral arguments. <br />CHR. CABANAS: Okay because that sounds okay, as long as the Board approves such <br />because our April meeting is April 25h—correct, Glynis? Yeah. April 25h, 10 a.m., here in the <br />Hilo Council Chambers. April 25h. <br />MS. DE SOTO: So, we currently have a motion on the floor that might—may need amendment. <br />CHR. CABANAS: Yes, we may. Now—okay, so let's backtrack just a little bit because today <br />is actually Ms. De Soto's last day. She has served her term. And we have a new person from the <br />community nominated to succeed her. That person will not be present in March but probably <br />will start up in April. So, that would be her first meeting and her first appeal hearing. <br />So, we're still in the discussion phase here of the motion that was made to defer this matter to <br />March 12''. <br />MR. KUNZ: Will Mr. Wiseman be back in April? March—he is not, in March. <br />CHR. CABANAS: He's travelling in March. Mr. Wiseman will be present in AprilI hope <br />so—yeah. <br />MR. KUNZ: Yeah, we could have quorum <br />CHR. CABANAS: We'll have quorum. <br />Page 10 <br />