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Merit Appeals Board July 15, 2024 <br />MS. CABANAS: No, not the specifics, `cause we have to be cognizant of the confidentiality for <br />the employees but just was the matter—what happened in terms of the resolution? Yeah? <br />Okay. Any other comments or questions for Sommer on any of the division—Ms. Mathews. <br />MS. MATHEWS: It's more of a statement/question. You could have somebody that for <br />whatever reason is flat being difficult. How would you be able to report that without saying <br />that? `Cause I've seen this before. <br />MS. TOKIHIRO: So, before the meeting started, J and I were having a discussion and I'll say <br />that I would say you have to trust the process. And so, if we've gone through the process—in <br />not every case, an accommodation or modification is found to be warranted. <br />So, as far as if someone is being difficult, as you mentioned, I would probably report to the <br />Board that we found that no modification was warranted. <br />MS. MATHEWS: Thank you. <br />MS. TOKIHIRO: Yeah. <br />CHR. CABANAS: And I think a general statement, too, could be that reasonable <br />accommodation and/or modifications were considered—yeah—and the situation—although it <br />were considered, the accommodation request and/or modification request was not—you could <br />say it was not—I'm trying to think of the right word—was not— <br />MS. <br />ot <br />MS. TOKIHIRO: Could it be "substantiated?" <br />CHR. CABANAS: Yes. Substantiated and not be a burden to the employer—I would stick to <br />the language of ADA that it's a undue burden for the employer—yeah? So, I would stick to that <br />and that it would not be warranted, yeah? So, at least we know that—okay, but it got resolved <br />that way. <br />MS. MATHEWS: Is there an appeal process by the employee that could make this continue? <br />Or <br />CHR. CABANAS: Sure, they could come before the <br />MS. MATHEWS: They'd actually (inaudible). <br />CHR. CABANAS: Well, it could go to—if the person is a collective bargaining employee, it <br />goes through the internal complaint process. And, if not, then they would—or if they went <br />through that process, then it comes to the Merit Appeals Board. If it's someone from outside of <br />the County, it comes to the Merit Appeals Board. <br />MS. MATHEWS: Okay, thank you. <br />Page 8 <br />