2024-04-25 Merit Appeals Board Minutes

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Merit Appeals Board April 25, 2024 (At this time, Ms. Yamada conferred with the Office of the County Clerk's staff to confirm that only Mr. Thomason is allowed in the meeting room via Zoom.) CONVENE: The closed hearing convened at 10:07 a.m. RECONVENE: At 11:22 a.m. the meeting reconvened in regular session. 10:00 a.m. Hearing Re Communication No. 24-02. Note: The Hearing Concerns The Preliminary Issue Of Whether The Board Has Jurisdiction To Hear The Appeal, Under Section 76-14, Hawaii Revised Statutes. If It Is Determined That The Board Has Jurisdiction, The Hearing Will Continue Concerning The Merits Of The Appeal: 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); And Communication No. 24-02.01, Received On March 20, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Ryan K Thomas; Exhibits "1" - 64 911 ; Certificate Of Service; And Communication No. 24-02.02, Received On March 20, 2024, Regarding Appellee's Witness List; Certificate Of Service; And Communication No. 24- 02.03, Received On March 20, 2024, Regarding Appellee's Exhibit List; Certificate Of Service; And Communication No. 24-02.04, Received On April 8, 2024, Regarding Appellant's Opposition To Motion To Dismiss For Lack Of Jurisdiction (Executive Session The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) ACTING CHR. MATHEWS: Okay. So we are back in session at 11:22-ish. I need a motion to continue. MR. KUNZ: So moved. ACTING CHR. MATHEWS: Oh, I'm sorry—continuing—resuming—no—just straight to this. Okay. So, I need a motion to concur with the recommendations set forth in executive and closed sessions concerning Communication number 24-02 and related communications. MR. KUNZ: So moved. ACTING CHR. MATHEWS: I need a second? MS. BOND: I'll second. Page 5