2024-07-15 Merit Appeals Board Minutes

Home

Merit Appeals Board MR. LEE: Okay. July 15, 2024 CHR. CABANAS: And I'm sure our Board members would as well—and a copy for Mr. Hong and Mr. Turner. MR. LEE: No, this is the Rules of the Human Resources Department. CHR. CABANAS: It's a department MR. LEE: Yes. If the Board would like me to wait till everyone has a copy (inaudible). CHR. CABANAS: Yes, that would be helpful. Why don't we take a little pause for a few minutes at 10:37 a.m. we'll pause. (At this time, Ms. Yamada received the document and exited the meeting room to make copies.) RECESS: The Chair called for a recess at 10:37 a.m. RECONVENE: The meeting reconvened at 10:48 a.m. in open session. CHR. CABANAS: Okay, everyone, is—okay, we are ready to resume our open hearing at 10:48 a.m. So, before us is a page from the Department of Human Resources Administrative Rules. So, I'm going to turn it over to Mr. Lee again. What—and my question was, what is the legal authority for the Director of HR to overturn a hire, as in this case, for Mr. Turner. What is the legal authorization that you are using? MR. LEE: Thank you. So, with the caveat, this is for Mr. Turner's case specificallyI will refer to the Board, the HR Rules 3-19. This is under the subchapter entitled, "Examinations." So I'll refer first so subsection "(a) Changes in an examination rating may be made as a result of the discovery of errors in the rating or as a result of an administrative review." As previously refer to the filing of an internal complaint—whether merited or not—triggers an administrative review by the Director. That's when, as of now, willing to accept the word "error" the error with regards to the minimum qualifications and class specification for the CERSII position was discovered. And then, I'll refer the Board to subsection "(d)"well, before I move to subsection (d), to give the Board a practical affect—the minimum qualification we're talking about is the repair experience for the CERSII position. Page 27