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Merit Appeals Board <br />July 15, 2024 <br />leave it to Mr. Turner as far as when Director Pause—or we'll leave it to Director Pause as far as <br />when they informed him of the action. <br />But the County would put forth that there's sufficient circumstantial evidence with the other <br />exhibits to note that Mr. Turner was aware that he was being removed from his CERSII position <br />from his paystubs—from his temporary appointment as well as his own admissions in his <br />declaration. <br />CHR. CABANAS: But we're talking about "official notice" not awareness. "Official notice" <br />to the Appellant. <br />MR. LEE: I guess we return to the rule is pretty clear. It's date of action. We're referring to the <br />Personnel Action Form of "Exhibit D." Mr. Turner indicates that he didn't have notice till he, I <br />guess—we won't even go that far—but he didn't realize it was final until he received his paystub <br />covering the section but I guess the County doesn't find that argument compelling because he <br />was already placed in temporary appointment. <br />So, if the Board is seeking something official notice, we would refer to "Exhibit U," which is the <br />indication of—that Mr. Turner was placed on temporary appointment and the effective date for <br />that was March 18''. <br />CHR. CABANAS: March 18'h was the date of what? <br />MR. LEE: When he began his temporary appointment to the CERSII position. For clarity, <br />"Exhibit U" encompasses multiple pages. It would be the second page, it's a pink form. And in <br />the there's a spreadsheet -looking area in the middle of the sheet and it says, "DATE(S)" and it <br />begins March 18''. <br />MR. WISEMAN: Mr. Lee, I haven't reviewed the exhibit in full but does it have—does it <br />include any notice to the Appellant a time limit to appeal the decision? In other words, you <br />have—"if you disagree with this decision you have 20 days" or something like that to appeal? <br />MR. LEE: I'm sorry, I don't know off the top of my head. <br />MR. WISEMAN: I see. Thank you. <br />MR. LEE: I'd have to review it a little further. And I do apologize, it wasI just saw it right <br />here, the memo I referred to was included as part of our exhibits—it's "Exhibit S"—but as I <br />indicated, that's a communication between Director Tokihiro and Director Pause. It's not a <br />communication to the Appellant, Mr. Turner. <br />MR. WISEMAN: And you agree, it had no relevancy to us making a decision here? <br />MR. LEE: No. I would disagree. First, because the rule requires the date of action. And two, it <br />would be circumstantial as far as Mr. Turner receiving notice because the Director of Human <br />Page 24 <br />