2024-09-19 Merit Appeals Board Agenda

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Hawaii County Dept. of Human Resources 09/13/2024 12:27:53 PM Merit Appeals Board September 19, 2024 1) Call to Order 2) Addendum to Agenda (Requires four votes and must comply with Hawaii Revised Statutes § 92-7(d)) 3) Statements from the Public on Agenda Items — Oral testimony may be presented to the Board either at the outset of this meeting or immediately prior to the applicable agenda item. 9:00 A.M.: HEARING RE COMMUNICATION NO. 24-03 Note: At its meeting held on August 28, 2024, the Merit Appeals Board (MAB) voted to hold this matter in abeyance and refer it to the Hawaii Labor Relations Board (HLRB) for their decision concerning whether MAB has jurisdiction to hear this appeal. If HLRB does not render its decision by September 19, 2024, the appeal hearing will be postponed to a future date, pending the receipt of their decision. Should HLRB determine that MAB has jurisdiction, the hearing will proceed concerning the merits of the appeal; however, if MAB does not have jurisdiction, the appeal will be dismissed. Communication No. 24-03, received on May 1, 2024, from Appellant, appealing the following actions by the County of Hawai`i's Department of Human Resources: Recruitment and Examination, and Classification or reclassification of a particular position; and Communication No. 24-03.01, received on June 10, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance; Memorandum in Support of Motion; Declaration of Sommer Tokihiro; Declaration of Justin C. Lee; Exhibits "A" —"V"; Certificate of Service; and Communication No. 24-03.02, received on June 10, 2024, regarding Appellee's Witness List; Certificate of Service; and Communication No. 24-03.03, received on June 10, 2024, regarding Appellee's Exhibit List; Exhibits "A" —"V"; Certificate of Service; and Communication No. 24-03.04, received on July 9, 2024, regarding Appellant's Notice of Appearance of Counsel; Certificate of Service; and (Communication No. 24-03.05 continues on the next page.)