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Merit Appeals Board July 15, 2024 <br />CHR. CABANAS: Ms. Cabanas—aye. <br />Five ayes. Motion carried. Thank you, everyone. Thank you, Sommer. <br />MS. TOKIHIRO: Thank you. <br />CHR. CABANAS: Good morning, everyone. Good morning. So, the Merit Appeals Board is <br />still in open session at 9:59 a.m. <br />So, Board members, Mr. Thomason is our legal counsel for the appeal hearing, that's why <br />exited. Mr. Thomason, can you hear me? <br />MR. THOMASON: Hi, I can hear you. <br />CHR. CABANAS: Oh, okay, great. Hi, Mr. Thomason. <br />MR. THOMASON: (Inaudible.) <br />10:00 A.M.: HEARING RE COMMUNICATION NO. 24-03 (Note: The Hearing <br />Concerns The Preliminary Issue Of Whether The Board Has Jurisdiction To Hear The <br />Appeal, Under Section 76-14, Hawaii Revised Statutes. If It Is Determined That The <br />Board Has Jurisdiction, The Hearing Will Continue Concerning The Merits Of The <br />Appeal.): <br />Communication No. 24-03, Received On May 1, 2024, From Appellant, Appealing The <br />Following Actions By The County Of Hawai`i's Department Of Human Resources: <br />Recruitment And Examination, And Classification Or Reclassification Of A Particular <br />Position; And <br />Communication No. 24-03.01, Received On June 10, 2024, Regarding Appellee's Motion To <br />Dismiss For Lack Of Jurisdiction, Or In The Alternative, Hold Proceedings In Abeyance; <br />Memorandum In Support Of Motion; Declaration Of Sommer Tokihiro; Declaration Of <br />Justin C. Lee; Exhibits "A" – "V"; Certificate Of Service; And <br />Communication No. 24-03.02, Received On June 10, 2024, Regarding Appellee's Witness <br />List; Certificate Of Service; And <br />Communication No. 24-03.03, Received On June 10, 2024, Regarding Appellee's Exhibit <br />List; Exhibits "A" – "V"; Certificate Of Service (Executive Session: The Merit Appeals <br />Board Anticipates Convening One Or More Executive Meetings Regarding The Above <br />Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of <br />Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration <br />Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney <br />On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, <br />Immunities, And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS <br />Section 92-4 Is Necessary To Hold An Executive Meeting) <br />CHR. CABANAS: The hearing for Lyndon P. K. Turner is now starting at 10:02 a.m. on this <br />day, July 15'', 2024. The Merit Appeals Board is seated in the Hilo Council Chambers of the <br />Page 15 <br />