2024-03-12 Merit Appeals Board Minutes

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Merit Appeals Board MR. KUNZ: Yes. March 12, 2024 CHR. CABANAS: "After you have completed your case presentation, you rest your case"? Or "you may rest your case"? MR. KUNZ: Yeah. MS. MATHEWS: Is it a "may"? MR. YOSHIMOTO: Well MS. MATHEWS: They have to, don't they? CHR. CABANAS: Well, and then there's a little definition here—"NOTE: To rest one's case means..."—and it goes on. MR. KUNZ: Yeah, so "may" is, I think, is correct. CHR. CABANAS: "...you may rest..." take out the "s""you rest your case." "After you have completed your case presentation, you" take out that other "comma"—"you may rest your case." "NOTE: To rest one's case means the party no longer has further witnesses to call or evidence to submit." MS. MATHEWS: I'm confused as to why it's "may"`cause "may" is a little ambiguous about you don't have to MR. YOSHIMOTO: Well, and then that's the gray area whereby as someone's putting on their case, I can see scenarios where they realize, "Wait, I need to call somebody else"—right. And so, even though you have a set schedule of who you want to call for that particular hearing, they may say, "Hey, Board, you know what, I just realized I need `Witness C' and I didn't call that person here. May I have a continuance to blah, blah, blah." You'll hear the arguments, the County will respond—'cause that might be a motion to continue in light of new evidence. Say, "Witness B" says, "blah, blah, blah." And the appellant says, "Wait, I didn't know that"— right—and hat"right and I need another witness, right, rather than hearsay. So, that's where yeah, I think the outline needs to be flexible, right. And so, I think "may" is better. MS. MATHEWS: Okay. MR. YOSHIMOTO: Yeah. MS. MATHEWS: So, then, likewise, on the second bullet we would strike the "Appellant" actually we would be striking "Appellant" any point on this page, after—because we've got it tied up pretty tightly, at the front, right. Page 15