2024-08-12 Merit Appeals Board Minutes

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Merit Appeals Board August 12, 2024 Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: Okay, it is I I a.m. and the Merit Appeals Board is back in open session. And so, Ms. Tallett and Ms. Tavares, the Board really had a very lengthy discussion about the appeal, and it is a very complicated case. So, our decision is refer this appeal to Hawaii Labor Relations Board. A number of issues were raised that the Board really feels needs to be looked at. The accountability, the timeliness, and while we haven't rendered an immediate decision yay or nay in your favor, Ms. Tallett, the Board members all have compassion for your position. There are a number of issues which just makes it very complicated. And so, we feel that it's best that we make the referral to the Hawaii Labor Relations Board. And so, we will do that. Our Deputy Attorney General was in on our executive session. He knows the Board concerns and he will write up a decision referring the matter to the Hawaii Labor Relations Board and you will both receive copies of that. And so, then we'll see what the Hawaii Labor Relation Board decides and then they will inform us in writing. And so, this is really not the end. I know it may not be the immediate resolution to your concerns but we are going to follow-up. And so, we just thank both of you for coming today before the Board. I know you put in a lot of work. The Board recognizes that and we'll see what happens with HLRB. So, thank you for coming today. You have any questions for us? Ms. Tallett, you have any questions? MS. TALLETT: No. If we can get that resolved also, `cause it's too long drawn out. Just too long. Thank you, though, I appreciate it. CHR. CABANAS: Thank you. And thank you for coming today. Ms. Tavares, you have any comments to make? MS. TAVARES: No, I don't. Thank you. CHR. CABANAS: Okay, yes. So at this point we do have a motion and the motion was to refer this appeal to the Hawaii Labor Relations Board. And also to look at the issues that were raised in terms of the accountability, the timeliness of this whole matter, which led to the appeal being filed. And so, with that I'm going to ask for our vote. I made the motion for Mr. Wiseman. SPEAKER: (Inaudible.) Page 19