2024-02-23 Merit Appeals Board Minutes

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Merit Appeals Board February 23, 2024 Four ayes. Motion carried to accept Communication number—let me look at it -24-01, as amended. Thank you, everyone. Communication No. 24-02: Received On February 12, 2024, From Appellant, Appealing The Following Actions By The County Of Hawai`i's Department Of Public Works: Recruitment And Examination, Classification Or Reclassification Of A Particular Position, And Initial Pricing Of Class (Of Work) (Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents) CHR. CABANAS: Next on the agenda is Communication 24-02. Let the record reflect Mr. Ryan Thomas and Ms. Sherry Tavares are seated at the dais. (At this time, Mr. Ryan Thomas, Deputy Corporation Counsel and Ms. Sherry Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel, came forward.) CHR. CABANAS: And, Counsel, do you have any comments or concerns regarding Communication number 24-02? Good morning, Ryan. MR. THOMAS: So, first, I know that the Appellant is unavailable not here today. And so, I would ask to have this matter be dismissed and his appeal be denied due to his non-appearance. In addition, if the record can reflect that the appeal itself is untimely pursuant to MAB Rules 104-2—Appellant had 20 days to file an appeal from the date of the decision. And the decision in question here was dated January I Ph, 2024. And because this appeal has been filed beyond 20 days of that January I Ph date—we'd ask that this case be dismissed because it is untimely and, therefore, the Merit Appeals Board lacks jurisdiction. CHR. CABANAS: Okay. So, Glynis has informed me that she did inform the Appellant that we were just going to, as the Board, schedule the appeal hearing date and time and location today and not enter into any merits of his appeal today, probably explaining why he is not present at today's meeting. We cannot discuss the merits of the appeal. I understand you want to dismiss the appeal. There was some question about the timeliness—even when I looked at it. And our Deputy Attorney General is not present today to guide me and the Board about dismissing his appeal. Is it okay for me to express my concern about the timeliness or wait or defer this matter? Okay. So let's go ahead and schedule the appeal because that's what we that was our intent for today. And I understand, Mr. Thomas, your concern because I did look at it myself. But let's go ahead and schedule the appeal date, time, and location—and whenever that date is, then you may raise your concern about the timeliness at the next meeting and hearing. And that way, it gives the Appellant courtesy, also, so he will hear your concern about the timeliness and we'll have our Deputy Attorney General present to guide the Board as well, and we'll have a meaningful discussion about it. Page 7