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Merit Appeals Board <br />February 23, 2024 <br />Because for us to go any further into it, we said we would not discuss the merits of his appeal <br />today. <br />MS. TAVARES: Chair, if I may just ask for the record and for clarification <br />CHR. CABANAS: Yes. <br />MS. TAVARES: Was the Appellant specifically told not to be present today or was just a <br />summary of what the likely actions of the Board will be today. I just want it for the record, if he <br />was told not to be here or if based on the information, we're just assuming he chose not to be <br />here—two different situations. <br />CHR. CABANAS: Correct. I understand what you're saying. I did not speak to the Appellant <br />at all on this. And any communication that was made was with our secretary -reporter. So, I <br />would have to defer to Ms. Yamada as to what was told to him. So, Glynis, would you be able to <br />just explain for everyone here. <br />MS. YAMADA: Hi. So, I did talk to the Appellant and I did inform him that this meeting <br />today, we'll just be setting the hearing date. We won't discuss the merits and he's not—if he's <br />not available, he doesn't need to come. <br />CHR. CABANAS: I mean, this is not the first time an Appellant is not present for the <br />scheduling of an appeal hearing. There are times when Appellants, for the very reason that <br />Glynis has mentioned they don't appear because they know that the merits aren't going to be <br />discussed. It's just the scheduling of the hearing at a future date. <br />So, in all fairness, he's not the first Appellant not to show up. <br />MR. THOMAS: Sure. And that's fair. And I just— <br />CHR. <br />ust <br />CHR. CABANAS: Okay. Go ahead, Mr. Thomas. <br />MR. THOMAS: —and, Chair, if I may. The County's position is that we believe the timeliness <br />issue does not concern the merits raised in this appeal. But we would, however, ask—if the <br />hearing date is set—if we can have a date to file any motions to dismiss that the Board can <br />consider. <br />CHR. CABANAS: Okay. That sounds reasonable. I mean, we can defer this to our next <br />meeting which is March 12''. And, at that time, we can also let the Appellant know that his <br />presence is required, so that he has the opportunity to hear your motion and he can explain <br />further on his end. <br />I just want to make sure that it's fair for both parties the County side and the Appellant side. <br />MR. THOMAS: Thank you. <br />Page 8 <br />