2024-02-23 Merit Appeals Board Minutes

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Merit Appeals Board Communications (Item 5) February 23, 2024 Communication No. 24-01, From Brouster Fujichaku Robbins (A Law Corporation), Received On February 5, 2024, Regarding The (Proposed) Stipulation For Dismissal With Prejudice Of All Claims And Parties; And Stipulation For Dismissal With Prejudice Of All Claims And Parties, In The Matter Of The Appeal(S) Filed By Aaron Arbles; Robert Bailey; Reuben Chun; Michael Gahan; Michael Hayashida; Garret Komatsu; Gerald Kosaki; Steve Loyola; Jerry Lum; Ty Medeiros; Paul Paiva; Raymond Rowe, Jr.; Warren Sumida; And Alvin Tobosa, Appellants (Board Action Required: Approval Of The Above Stipulation) CHR. CABANAS: So, we are now on Number 5 on the agenda—Communication number 24-01. Board members, have you had the opportunity to review the stipulation? And l need to look at it I the Chair discussed the stipulation that was emailed to me directly from the Bronster Law Firm. And I had to discuss it with our Deputy Attorney General, who's not here at our meeting today, but she did provide some guidance to me, as the Chair, and I need to look at the stipulation. So, basically, the parties entered into a settlement on this matter. And we really do not have anything more to do with this stipulation other than the Board authorizing me, as the Chair, to sign it. However, there are certain there's a certain section in the first paragraph of the stipulation that really does not pertain to us as a Board. And was recommended by the Deputy Attorney General that I line it out, initial it, and with the Board's approval, then sign it. So, basically, if you look at the first paragraph of the stipulation—and I'll read it—"It is hereby stipulated, by and between all remaining parties, by and through their respective counsel, and"– this next section I would line out—"pursuant to the fully executed Release and Indemnification Agreement at Paragraph 7 and HAR Section 14-25.1-4(a)"—that part would be lined out, followingI mean, starting with the word "pursuant" all the way to "4(a)"I would line out. The rest remains in its entirety. The reason being that it doesn't really pertain to the County and to the Board. And the section HAR that section there, 14-25—that's in reference to state's administrative rules and not the County's rules. So, it doesn't really—it shouldn't be there. So, may I have a motion to have the stipulation amended, as I read, and allowing me to sign as the Chair. MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MR. KUNZ: Second. Page 5