2024-07-15 Merit Appeals Board Minutes

Home

Merit Appeals Board July 15, 2024 my decision or recommendation to whomever I worked with—whether it was the Mayor, department head, deputy, employee, or member of the public. Mr. Wiseman. MR. WISEMAN: Yes. I find it hard to resist putting this on the not putting this on the record but I'd like to commend Chairperson in making this disclosure, which is very common in most litigation venues and hearing venues. Unfortunately, our United States Supreme Court doesn't find that appropriate and never make disclosures. Thank you. CHR. CABANAS: Thank you, Mr. Wiseman. Any comments or concerns? Mr. Hong, your light is on. MR. HONG: On behalf of the Appellant, we have no objection to your continuing to preside over the present proceedings. And I just want to apologize in advance `cause probably with all the training you provided me in the past didn't stick—so. CHR. CABANAS: Oh, there might be some refreshers during the hearing itself. Well, thank you for the vote of confidence. So, we will proceed. The Board is in receipt of communications by the Appellee, which is the County of Hawaii, to discuss the motion for lack of jurisdiction as well as communications from the Appellant in opposition to dismiss for lack of jurisdiction. We will take up this matter first. The Board will hear oral arguments on this motion. But before we do, I would just like to read that we did receive four communications from Mr. Ted Hong, Esquire, regarding the appeal. (Chair Cabanas proceeded to read Communication Nos. 24-03.04 through 24-03.07. These communications were not listed on the July 15 agenda, however, were distributed at the meeting.) 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, received on July 10, 2024, regarding Appellant's Memorandum in Opposition to Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance, Dated June 10, 2024; Exhibits "I"; Declaration of Appellant; Certificate of Service; and Communication No. 24-03.06, received on July 11, 2024, regarding Appellant's First Amended Declaration of Appellant in Support of Appellant's Memorandum in Opposition to Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance Dated June 10, 2024, Dated July 10, 2024; Certificate of Service; and Communication No. 24-03.07, received on July 11, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance; Certificate of Service. Page 18