2024-07-15 Merit Appeals Board Minutes

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Merit Appeals Board July 15, 2024 If the Board decides it's a classification issue, then that's another avenue which requires dismissal because Mr. Turner didn't file an internal complaint. So, there's two hurdles that Mr. Turner has to jump through. The 20 -day action requirement to file an appeal—not notice. And then, that this is actually a recruitment issue and not a classification issue. And I would also point out to the Board that there being, I guess, a question of jurisdiction, it's the County's position that this should be referred to the Hawaii Labor Relation Board for a determination of jurisdiction. MS. BOND: Can I ask a question? CHR. CABANAS: Go ahead. MS. BOND: What's the drop dead date on this—on his that you say he's supposed to file the appeal from? MR. LEE: Twenty days from the action. MS. BOND: And 20 -days from the action then so, we're going back and forth about what the date of action is, correct? MR. LEE: No, I would say the issue is—we're talking about notice because the Appellant isn't necessarily contesting the date of the action. They're contesting the date of notice, which is the County's position that is not the rule. CHR. CABANAS: So, you're saying date of action, is date of decision? MR. LEE: Correct. CHR. CABANAS: But he wasn't given a notice. MR. LEE: That's correct. And look, I guess I should address the moral issue here. Mr. Turner did get short -end of the stick here and I think the 20 -days from action rule is stringent—perhaps, too strict. But it's not—the rule is not notice—it's action. And the County takes the position that there was enough going on where Mr. Turner knew that something was happening. In his declaration, I'll refer to when he states that he was informed that his department director was attempting to intercede on his behalf. Presumably, there's no date attached to that statement. Presumably, that was before April 15'h before he got his paycheck. Page 33