2015-05-20 Merit Appeals Board Minutes

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Merit Board of Appeals May 20, 2015 (At this time, Mr. Christopher Schlueter, Deputy Corporation Counsel, representing the Employer, addressed the Board Members.) Mr. Schlueter informed the Board that he is covering the meeting today for Mr. Steven Strauss. Their office was informed by the Hawai'i Fire Department that they would require additional time to re-open the investigation to interview additional witnesses. Basically, his attendance today was to request that no hearing date be set today, and to have the hearing date set at their next Board meeting. He will inform Mr. Strauss that October is the inclination of the Board on setting the hearing date. The investigation is not complete and they're not prepared, necessarily, to set a hearing date today. (At this time, Mr. Ted H. S. Hong, Esquire, representative of the Appellants, addressed the Board Members.) Mr. Hong stated that since the Board is inclined to setting the hearing in October, it would give the Fire Department sufficient time to conclude their investigation and to provide them with the investigative reports or discovery, and suggested that the Board set the date and time now. He commented that they don't want this to keep dragging out. Mr. Schlueter objected to Mr. Hong's statement. Given the Board's inclination, he thinks there would be enough time to complete the investigation and provide the documents to Mr. Hong and his clients, and be prepared for the October meeting. The Board can schedule a date in October. Chair Rabago asked the Board for any comments. After some discussion,the hearing was set for October 21, 2015 at 10:00 a.m. with a meeting location to be determined in the future. (The Department of Human Resources Conference Room was not large enough to accommodate a larger crowd.) Mr. White informed the Board that he spoke with Mr. Strauss earlier in the week. Mr. Strauss was interested in deferring the setting of a hearing date; however, the Board has already set a hearing date. Mr. Strauss also wanted the matter of deadlines on pre-hearing motions established. Mr. White inquired with the Counsels whether they're okay with setting the deadline for the submittal of pre-hearing motions by September 30, 2015, close of business; and the submittal of responsive pleadings by October 14, 2015, close of business. The Counsels were in agreement. Chair Rabago stated that the Board will need to have a motion to set the hearing date for October 21, 2015, at 10:00 a.m. (location to be determined), with pre- Page 4