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Merit Appeals Board <br />August 12, 2024 <br />Hawaii, to discuss the motion for lack of jurisdiction. We will take up this matter first. The <br />Board will now hear oral arguments on this motion. <br />And also present in the Council Chambers is our Director of Human Resources, Sommer <br />Tokihiro. So pardon meSherilyn Tavares is the attorney for the County, from the Office of <br />the Corporation Counsel—and the Appellant is Ms. Tallett. <br />SPEAKER: (Inaudible.) <br />CHR. CABANAS: No problem, it's always good to ask for clarification when one's not sure. <br />So, we have the motions. Ms. Tavares, would you like to present any information to the Board, <br />at this time? <br />MS. TAVARES: Good morning. <br />CHR. CABANAS: Good morning. <br />MS. TAVARES: I would submit on the motion that the County has filed for dismissal of this <br />matter for lack of jurisdiction. While it is not easy, we are required to follow the law. <br />Sometimes things occur that might not feel right—perhaps, might not be what we want to do <br />but, irrespective of our feelings, we are required to follow what the law says. <br />And as outlined in the County's motion, this Board lacks jurisdiction over this appeal for the <br />matters in which Ms. Tallett is seeking a remedy—and I submit on my written brief. <br />CHR. CABANAS: Okay, but just to highlight for everyoneI know you submitted the brief <br />but—so you're saying that MAB lacks jurisdiction to hear Ms. Tallett's appeal, and Ms. Tallett's <br />appeal talks about retro pay, right, because they have been reclassified <br />MS. TAVARES: Reallocated. <br />CHR. CABANAS: Reallocated to—what was the titleSupervising—let me look at it. <br />MS. TALLETT: Clerical Services Supervisor II to a Police Records Supervisor. <br />CHR. CABANAS: Okay Thank you, Ms. Tallett. So, you're sayingstating, Ms. Tavares, that <br />we don't have jurisdiction to hear her appeal because she is citing as her remedy the retro pay? <br />The retro pay is her remedy? <br />MS. TAVARES: That is correct, but prior that is the remedy that she is seeking but before we <br />reach a remedy, we have to have a determination that this Board has jurisdiction. <br />CHR. CABANAS: Correct. <br />Page 15 <br />