2024-07-15 Merit Appeals Board Minutes

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Merit Appeals Board July 15, 2024 So, taking that into effect—that with as a minimum requirement for the CERSII, that would necessarily change the examination rating of both candidates. So, then I'll refer down to subsection "(d)" and it says, the "Changes in an examination rating shall not affect a certificate of eligibles already issued or invalidate an appointment"—"except that the appointment shall be voided when a person is found within the probation period to have failed the examination." So, it's the County's position that based on the changes to the examination rating, as a result to the Administrative Review in subsection (a)Mr. Turner no longer qualified and it was found to have failed the examination. MR. WISEMAN: Was he given an examination? MR. LEE: The examination is, basically, when somebody applies, they have a number of questions for the application form about the minimum qualifications. And I'll defer to Director—if there's any other, like, (inaudible). MS. TOKIHIRO: So, the examination is the review of the application to determine whether or not the applicant meets the minimum qualifications for the position. MR. WISEMAN: Which was approved? MS. TOKIHIRO: It was initially approved based on the incorrect or the minimum qualifications where the 2 -years of experience had been omitted. MR. WISEMAN: Okay, thanks. CHR. CABANAS: Okay. I'm very familiar with this section. This section 3-19 deals with changes in examination ratings. Okay. They're talking about—we're talking about either a rating from a written exam or—when I was working back then—it was called T&E. You might be calling it E&E now—Training and Experience or Education and Experience. It's a rating where it's a paper audit and you assign a score to each of the qualified applicants who meet the minimum qualification requirements. That's what this section means. You did a recruitment, you posted it, following the existing class specifications. There were applicants that appliedI'm assuming Mr. Turner was one and the other person who filed the complaint, was the other person. I don't know if there were others you folks can let us know if there were others. Public you established a list. Mr. Turner was on the list—maybe with others that qualified you'll need to let us know. The names were referred to Public Works, they did an interview, went through a selection process, and they selected Mr. Turner for a new probationary appointment, which is six -months. That's the flow. He had a scoreI don't know what the score was—you haven't told us, yet. He was hired. There was a Form 13 done, shows his promotion. He was hired. He was working. And then, Page 28