2024-07-15 Merit Appeals Board Minutes

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Merit Appeals Board July 15, 2024 you discover, "Oh, there's an error in the class specification" by looking at the historical information about the class specs. Your job posting was based on that class spec. that existed at the time. He's not at fault. The fault is with HR. Okay. And now, you want to change his examination rating? This is not the legal authority to overturn that. This deals with examination ratings. In the rating or as a result of an Admin. Review—and Admin. Review is—and I'm going to give you an instance, it's like MR. WISEMAN: Excuse me, Madam Chair, I must interrupt. I apologize for the interruption but we're not ready to make a decision, yet? CHR. CABANAS: No, we're not. MR. WISEMAN: I still want to hear the opposition. CHR. CABANAS: Okay. So, we'll stop—I'll stop right now and we'll turn it over to Mr. Ted Hong. MR. WISEMAN: Thank you. CHR. CABANAS: On behalf of Mr. Turner—let me read to you, Mr. Hong, you may make the oral argument on behalf of Mr. Turner. MR. HONG: Good morning, again, Madam Chair, members of the Board. I'd like to make three points in opposition to the motion to dismiss. Given the County's position, it illustrates the shifting sands that we've been having to deal with in trying to figure out what we are actually dealing with in this particular case. And I can only go back—go for reference, the records that were given to my client. So, my first point is that when you look at our "Exhibit 1," on page 6 -that's the May—excuse me—March 20'h email sent to my client. And all that email says is your recruitment is being cancelled. So, we look at, of the departmental rules, 3-10, which says cancellation of a recruitment can be done at any time and all applicants shall be notified. So, given the records and the documents, it appears that this has nothing to do with classification as they're saying today. This is actually having to do with recruitment. So, the County also brings up the point that we failed to file an internal complaint. And I would point out, again, under the Board's Rules-104-2(a)—there are two paths that individual employees can take to get to the Merit Appeals Board. One is through Internal Complaint if it was a departmental action, like, for example, in this case—if the Director had done something, with respect to my client—he would file an internal complaint and then you have the 20 -days. Page 29