Loading...
HomeMy WebLinkAbout2024-08-12 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii August 12, 2024 (Monday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 9:00 a.m. by Chair Gabriella M. Cabanas, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Monday, August 12, 2024. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair Ms. Suzi Bond, Member Mr. Charles Kunz, Member Mr. David Wiseman, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Sommer J. Tokihiro, Director, Human Resources Department Mr. James E. Halvorson, Deputy Attorney General, State Department of the Attorney General (via Zoom) Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. Mark Disher, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Jo -Ann Tallett, Police Records Section Supervisor, Police Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board Call to Order (Item 1) August 12, 2024 CHR. CABANAS: Okay, good morning, everyone. The Merit Appeals Board meeting is called to order at 9 a.m., today, August 12'', 2024. We are situated in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. We have quorum today with four Board members present. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board. Seated with me to my left is Ms. Gay Mathews, our Vice -Chair. MS. MATHEWS: Good morning. CHR. CABANAS: Good morning. To her left, Mr. Charlie Kunz. MR. KUNZ: Good morning. CHR. CABANAS: To my far right, Ms. Suzi Bond. MS. BOND: Good morning. CHR. CABANAS: And to my immediate right, our Assistant Corporation Counsel, Mr. J Yoshimoto. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: Good morning. And in the back of me, is our Secretary -Reporter, Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Seated in the gallery are our Director of Human Resources, Sommer Tokihiro, and two attorneys from the Office of the Corporation Counsel. Could you identify yourselves, please? (Mr. Mark Disher and Mr. Justin C. Lee, Deputy Corporation Counsels, Office of the Corporation Counsel, introduced themselves from the gallery.) CHR. CABANAS: Hi, Mark. Hi, Justin. And seated way back is Jo -Ann Tallett from the Hawaii Police Department. Good morning to all of you and welcome. Our fifth Board member should be here in about 15 minutes, and that is David Wiseman, he's travelling from Kona but we do have quorum, so we will proceed. Page 2 Merit Appeals Board Addendum to Agenda (Item 2) August 12, 2024 CHR. CABANAS: According to our Secretary, there's no addendum to the agenda. Statements from the Public (Item 3) CHR. CABANAS: And there are no "Statements from the Public" at this time. Approval of Minutes (Item 4) CHR. CABANAS: We don't have any minutes to approve, at this time. Director's Report (Item 5) MAB Monthly Divisional Activity Report: August 2024 (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 92-5(a)(4), For The Purpose Of 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 Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: We are now on the "Director's Report." Sommer, if you'd like to approach the dais. And Sommer will be covering our "Monthly Divisional Activity Report" to MAB for the Month of August 2024. And Sommer—good morning. Do you want— (At ant (At this time, Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) MS. TOKIHIRO: Good morning. CHR. CABANAS: the Board to enter into executive session? MS. TOKIHIRO: Yes. CHR. CABANAS: Yes—okay. So, let me read the standard language. The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters pursuant to HRS, Sections 92-4 and 92-5(a)(4) for the purpose of 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 pursuant to HRS, Section 92-4, is necessary to hold an executive meeting. Before I ask for a motion to go into executive session, I need to also introduce our Deputy Attorney General, Jim Halvorson, who is appearing via Zoom from Oahu. Good morning, Jim. Page 3 Merit Appeals Board August 12, 2024 MR. HALVORSON: Good morning, everybody. CHR. CABANAS: Good morning. So, in order for us to go into executive session, may I have a motion? MR. KUNZ: Yeah, motion to go into executive session. CHR. CABANAS: Thank you. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. RECESS: The Chair called for a recess at 9:04 a.m. CONVENE: The meeting convened at 9:05 a.m. in executive session. RECONVENE: The meeting reconvened at 9:23 a.m. in open session. CHR. CABANAS: Okay. It is 9:23 a.m. and we are now in open session. And all five Board members are present—Ms. Gay Mathews, Mr. Charlie Kunz, Mr. David Wiseman, Ms. Suzi Bond, and myself—Gabriella Cabanas—with our Assistant Corporation Counsel, J Yoshimoto, and our Secretary -Reporter, Glynis Yamada—and our Deputy Attorney General, Jim Halvorson, appearing via Zoom from Oahu. Hi, Jim. MR. HALVORSON: Good morning, again. CHR. CABANAS: Good morning. Page 4 Merit Appeals Board Communications (Item 6) August 12, 2024 Communication No. 24-13: Received On July 25, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Office Of The Mayor: An Employment Action Taken Under Chapter 76, Hawaii Revised Statutes (Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents) CHR. CABANAS: So, we are now on Number 6 of the agenda, "Communications" specifically, Communication number 24-13. The Appellant has requested a closed hearing and Mr. Disheryes MR. WISEMAN: Excuse me, Madam Chair? CHR. CABANAS: Yes? MR. WISEMAN: What's the Appellant's name? CHR. CABANAS: Well, he's requested a closed hearing MR. WISEMAN: But we still have to know his name. CHR. CABANAS: We are in open session, if you can refer to your binder MR. HALVORSON: I can't hear you. CHR. CABANAS: Oh, you can't hear me? MR. HALVORSON: Now I can. CHR. CABANAS: Oh, okay. MR. WISEMAN: If it's a closed session, then— CHR. CABANAS: We are in open session. MR. WISEMAN: Open session now—okay. CHR. CABANAS: So, Jim, if you could provide guidance to the Board, the Appellant requested a closed hearing, so I have not identified who the Appellant is in an open session. Your advice? The Board members have his appeal in front of them, so they can see who it is. MR. WISEMAN: His—Madam Chair, excuse me, but I don't consider his name as secret. It's the session, what goes on in the closed session that's not available to the public. But his name, by all means, it'swe have records of it, there's nothing sealed. This is not a sealed hearing. Page 5 Merit Appeals Board August 12, 2024 CHR. CABANAS: No, it's not a sealed hearing. MR. WISEMAN: So, it's a closed hearing with respect to whatever evidence, or testimony, or statements are made but as far as his name goesI object to it being sealed. CHR. CABANAS: Mr. Halvorson, can you provide guidance to the Board, please? MR. HALVORSON: Yeah, I don't think it really makes much difference. You can go ahead and start your closed meeting right now. It's not the same as going into executive session. It's just closed to the public. So, any members of the public that are in the hearing room, need to be excused and you can go ahead and just do your closed meeting and don't get hung up onI understand what the Board members concern were but I don't think you need to get hung up on it. And I think you just go ahead and start your closed meeting, get the pubic out of the hearing room, and proceed. CHR. CABANAS: Okay. `Cause we are in open session. So, may I have a motion to go into closed session? MS. MATHEWS: So moved. MS. BOND: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. We are now in a closed session at 9:27 a.m. RECESS: The Chair called for a recess at 9:27 a.m. Page 6 Merit Appeals Board August 12, 2024 CONVENE: The meeting convened at 9:27 a.m. in closed session. RECONVENE: The meeting reconvened at 9:47 a.m. in open session. CHR. CABANAS: We are now in an open session. New Business (Item 7) Discussion Concerning Department of Human Resources, Title II – Rules of the Merit Appeals Board, Chapter 104 (Appeals), Section 104-2, Filing Of Appeal (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 92-5(a)(4), For The Purpose Of 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 Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: We are now on "New Business" for discussion and appropriate action. And we are welcoming our Director of Human Resources back into the Hilo Council Chambers. (At this time, Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) CHR. CABANAS: This discussion concerns Department of Human Resources, Title H, Rules of the Merit Appeals Board, Chapter 104, Appeals, Section 104-2, Filing of Appeal. Back in the Council Chambers with us are our Assistant Corporation Counsel, J Yoshimoto; Mr. Justin Lee, from the Office of the Corporation Counsel; and Ms. Jo -Ann Tallett from the Hawaii Police Department. At this point, is there a need for us to go into executive session to discuss the filing of appeal? So, we still have time because the hearing the next hearing starts at 10 a.m., so we have time to discuss the "New Business "filing of appeals. So, my question to everyone is, do we need to go into executive session to discuss the filing of appeal verbiage? Everybody's okay with it? Okay. So, the reason why it's on the agenda is because we do have an existing Rule—and I need to pull that out, so I can read it. Oh, that was way back whenso, Section 104-2, of our Rules—Filing an Appeal—reads as follows, "Appeals shall be filed within 20 calendar days from the action giving rise to the appeal provided if use of an internal complaint procedure pursuant to Hawaii Revised Statues, Section 76-42, is required prior to filing an appeal with the board. The appeal to the board shall be filed within 20 calendar days from a decision"—and I'm emphasizing that—from a decision rendered at that step in the Internal Complaint Procedure immediately preceding the filing of the appeal to the board." Page 7 Merit Appeals Board August 12, 2024 If you look at one of the appeal forms, you'll see it at the bottom. And this—and 104-2 goes on further to read—appeals from an administrative review of the Director under Title I of the Rules of the Department of Human Resources, shall be filed within twenty calendar days from the director's—and I'm going to emphasize that—"decision." So, the emphasis is "decision" whether it's from the Internal Complaint Procedure or an Admin. Review that was done with the Director of Human Resources. It's "decision" that's our existing Rule. Now, as I was preparing for all of this, I came across a number of things that concerned me—and that's why I wanted to discuss it with my fellow Board members—if you look at the Internal Complaint Procedures that our secretary handed out to you this morning, if you look at page 7, Roman numeral "V. Step 3 - Merit Appeals Board"—okay, these are the Internal Complaint Procedures that a civil service employee, in collective bargaining, would follow. They go through the internal complaint process—okay—as outlined in these procedures. And Roman numeral "V. Step 3C." the last paragraph there on page 7, "For the purposes of filing the appeal to the Merit Appeals Board, the date of receipt of either the Mayor's or Council Chair's decision shall be considered the date of receipt of notice of the action." Now, date of the decision is important because when an appellant files their appeal, the Merit Appeals Board is looking at whether their appeal is timely—if it's within the 20 calendar days of the decision. And I've been seeing correspondence from some of the departments where they're notifying the appellant and are we the question is, are we using the decision date or are we using the date of receipt? Because our Rules are very specific -104-2 is decision. Mr. Halvorson, you being our Deputy Attorney General for our appeal hearings, can you provide us some guidance on this because if we need to change something or notify our 23 departments in the County that they should be incorporating the decision in their letters to possible appellants that we need to be very clear on what we are telling everyone. MR. HALVORSON: Well, I agree that you need to be clear, but I think that your Rule's sufficient. We've got a recent Supreme Court decision concerning this issue of receipt of the notice. And the Supreme Court says, just the fact that you think you mailed it, it's not sufficient—you have to have other proof. So, I would just avoid that whole issue of when was the receipt actually received. There are people that have post office boxes that they don't check on. You just end up with a can of worms. So, I would go with something that's pretty clear-cut, like the date of the decision. CHR. CABANAS: The date of the decision? MR. HALVORSON: Yeah. CHR. CABANAS: So, our departments when they send letters—when they send letters to a possible appellant or an individual their letter should be dated the date of the decision—was that what you would recommend? Page 8 Merit Appeals Board August 12, 2024 MR. HALVORSON: Well, not their letter being dated decisionI mean, what are they sending to them? CHR. CABANAS: They're sending—if it's an internal complaint procedure of their right to file an appeal to MAB. MR. HALVORSON: Yeah. Their (inaudible) should be to the date of the decision. CHR. CABANAS: Okay. Because I've seen it where it says, "You have 20 calendar days following the date of receipt"—and that can be, like, another 15 days later that the person received their mail. MR. HALVORSON: Well, as I've mentioned, then you've got proof issues. MR. WISEMAN: Yeah. And CHR. CABANAS: So, it becomes the burden of the Board? Mr. Wiseman, you have a question? MR. WISEMAN: Madam Chair, yes, thank you. I agree with Counsel, it does open a can of worms. There's a lot of people who won't even sign for receipt of mail"I'm not accepting that, I'm not signing." And, if that's the language on the appeal notice, then it should be modified to read, "You have 20 days from the date of this decision" period. CHR. CABANAS: The decision. MR. WISEMAN: In court, in most—some court proceedingsI can't speak for Hawaii, but it's usually the first day starts the day after the date. CHR. CABANAS: Correct. MR. WISEMAN: Yeah, okay. CHR. CABANAS: Yeah, that's what (inaudible). MR. WISEMAN: But, in any event, it should be from the date of decision. And I'm surprised (inaudible) the Supreme Court mentioned because, as you know, (inaudible) the law has usually been general when you put something in the mailbox, it's considered mail that's goes back (inaudible). In any event, that's the date of decision. CHR. CABANAS: Okay. Thank you very much. So, Sommer, as the Director, can you ensure that the 23 departments are notified when they are sending their notices to individuals of their right to appeal to MAB, it's 20 calendar days from the date of the decision—and you can cite Rule 104-2. Page 9 Merit Appeals Board August 12, 2024 MS. TOKIHIRO: Yes, we'll put something out to the departments that gives them the exact language that should appear at the bottom of the letter. We did also notice that the County website incorrectly listed the number of days, in order to file the appeal—and then, one of the notices that was actually being sent out from our Recruitment and Examination Division. So, what we're doing is going through and looking at all that to make sure that the language is consistent with the MAB Rule. CHR. CABANAS: Okay, thank you so much. So, the clarification isdo we need a motion for that? MS. TOKIHIRO: I will just also note that for us internally—like, if I'm providing an Administrative Review we do generate a letter, which is mailed to the individual who requested it, but we also are emailing it on the same day. So, the date of the letter would be the date of my decision and it's being transmitted to the parry on that same day, because I wanted to make sure that there aren't any delays and they're being allowed the full 20 days from the date of the decision. CHR. CABANAS: Okay. MS. TOKIHIRO: So, if something isn't sent out by noon on that day, it's going to wait until the next day, but we date it accordingly to be fair. CHR. CABANAS: Okay. MR. KUNZ: That's announced to the appellant that it will be emailed as well? I mean, is that a process known somewhere? Because I imagine that you can send an email and we can trust that it got there unless it went in Spam or something else that the email is no longer becomes, sort of, null that it never got them—gotten to them. MS. TOKIHIRO: Right. And so, that's why we use email for our current employees where we know that the email is active, although we cannot guarantee that someone is in the office to check it. But we also do hard copy mail as well to make sure that they receive it. CHR. CABANAS: If it's, say, recruitment issue and examination issueNeoGov sends that the staff sends the notice through NeoGov MS. TOKIHIRO: NeoGovcorrect. CHR. CABANAS: And applicants are encouraged to always check their profiles in NeoGov. Would you send a hard copy after that or Page 10 Merit Appeals Board August 12, 2024 MS. TOKIHIRO: No, I apologize—for the ones that go through NeoGov through recruitment admin. review, they would get the notice through NeoGov. CHR. CABANAS: Yeah. So, you encourage all departments date of decision should be the date the letter should have that date—same date? MS. TOKIHIRO: Yes, correct. CHR. CABANAS: Okay. MS. TOKIHIRO: Yeah. CHR. CABANAS: That's good. MS. TOKIHIRO: We'll go ahead and send something out to all the departments, provide them with that language and that guidance. CHR. CABANAS: Okay. Now, NeoGov has several templates with different letters, so if the staff could check each template because it might appear an older template—it might appear the verbiage might appear. Yeah. MS. TOKIHIRO: Correct. Yeah. I will advise the departments to check their templates as well. CHR. CABANAS: Okay. Thank you so much, Sommer. It is 10 a.m. or close to 10 a.m. and we have a hearing scheduled at 10it is 10 a.m. right now. So, I'm going yes, Mr. Wiseman? MR. WISEMAN: Can I request a few minutes break? CHR. CABANAS: Sure. Yeah, sure, okay. So, we will put a, I guess, a pause to our open meeting and we will schedule—and we will have our hearing in about 5 minutes—is that okay with everybody? `Cause our Appellant is here waiting and so are the attorneys. So, we will have a recess for 5 minutes be back at 10:05. Thank you. RECESS: The Chair called for a recess at 10:00 a.m. RECONVENE: The meeting reconvened at 10:06 a.m. in open session. CHR. CABANAS: Okay, we are at 10:06 back in open session. Thank you for the short recess. Our Appellant has kindly informed the Chair that we may proceed with our agenda and then take on her appeal hearing. Page 11 Merit Appeals Board Unfinished Business (Item 8) August 12, 2024 Communication No. 24-06: Received On May 17, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Office Of The Mayor: An Employment Action Taken Under Chapter 76, Hawaii Revised Statutes; And Communication No. 24-06.01, Received On July 18, 2024, From Appellant's Representative Joan Gallagher, Union Agent MCEC, HGEA/AFSCME Local 152, Withdrawing The Appeal (Board Action Required: Receive And Close File) CHR. CABANAS: So, with that, let's go to our agenda, Number 8, "Unfinished Business" for discussion and appropriate action. Mr. Halvorson, can you hear me? Is he backI'm not sure. MR. HALVORSON: Yeah, now I can hear you. CHR. CABANAS: Oh, okay, great. So, we are on Number 8, "Unfinished Business" of the agenda, specifically, Communication No. 24-06, received on May 17, 2024, from Appellant, appealing the following action by the County of Hawai`i's Office of the Mayor—an employment action taken under Chapter 76, Hawaii Revised Statutes. And Communication number 24-06.01—there's a typo. there, it reads ".02"—it should read ".01 "received on July 18, 2024, from Appellant's Representative Joan Gallagher, Union Agent, MCEC, which is the managerial excluded unit HGEA/AFSCME Local 152, withdrawing the appeal. So, for this we need Board action to receive and close this file. Mr. Lee, from the Office of the Corporation Counsel, do you have any comments at this time? MR. LEE: No, I have no comment. I'd just like to thank Ms. Tallett for allowing us to go before her hearing that's all. CHR. CABANAS: Yes. Yes, we appreciate that. Thank you. Okay, thank you, Mr. Lee. MS. BOND: Is this the one that was scheduled for the 22nd CHR. CABANAS: Yes, this is the Appellant that was scheduled for our August 22nd meeting. They have withdrawn the appeal. So, do I have a motion to receive and close the file—the two communications? MS. MATHEWS: So moved. MS. BOND: Second. CHR. CABANAS: Any discussion? Otherwise, I'll start a rollcall vote with Ms. Mathews. Page 12 Merit Appeals Board August 12, 2024 MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. Thank you very much, Mr. Lee, have a great day. 10:00 A.M.: HEARING RE COMMUNICATION NO. 24-04 (Note: The Hearing Concerns The Preliminary Issue Of Whether The Board Has Jurisdiction To Hear The Appeal, Under Section 76-14, Hawaii Revised Statutes. If It Is Determined That The Board Has Jurisdiction, The Hearing Will Proceed Concerning The Merits Of The Appeal.): Communication No. 24-04: Received On May 8, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-04.01, Received On July 3, 2024, Regarding Appellant's Submittal Of Documents Entitled, "Reorganization And Pay," Exhibits "A" – "M" And Witness List And Statements; And Communication No. 24-04.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" – "10"; Certificate Of Service; And Communication No. 24-04.03, Received On July 8, 2024, Regarding Appellee's Witness List; Certificate Of Service; And Communication No. 24-04.04, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service (Executive Session: The Merit Appeals Board Anticipates Convening One Or More 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) Page 13 Merit Appeals Board August 12, 2024 CHR. CABANAS: And so, now we are going to proceed to our hearing, which is Communication number 24-04. Note, the hearing concerns the preliminary issue of whether the board has jurisdiction to hear the appeal, under section 76-14, Hawaii Revised Statutes. If it is determined that the board has jurisdiction, the hearing will proceed concerning the merits of the appeal. Before the Merit Appeal Board, we have our Appellant and our attorney from the Office of the Corporation Counsel. (At this time, Ms. Jo -Ann Tallett, Appellant, Police Department; and Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel, and Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) CHR. CABANAS: Ms. Tallett, do you want an open or a closed hearing? I have to ask you that for the record. It can be open? Okay. Is the light onoh, okay, let me ask you, again. So, Ms. Tallett, do you want the hearing to be an open or closed hearing? MS. TALLETT: It can be open. CHR. CABANAS: Okay, thank you very much. So, appearing before the Merit Appeals Board are Jo -Ann Tallett from the Hawaii Police Department and attorney from the Corporation Counsel, Ms. Sherilyn Tavares. So, there are a number of communications that I'm going to read into the record. (At this time, Chair Cabanas proceeded to read into the record Communication numbers 24-04 through 24-04.04.) CHR. CABANAS: Ms. Tallett, I would like to introduce our fellow Board members. I'm Gabreilla M. Cabanas, the Chair; Gay Mathews, to my left, is our Vice -Chair; Suzi Bond to my right, to my far left is Mr. Charlie Kunz, and to my further left is Mr. David Wiseman. Our attorney for the appeal hearing is from the Attorney General's Office, Mr. Jim—James Halvorson, and he's appearing via Zoom from Oahu. So, thank you very much for coming today before the Board. Okay. So this hearing is on the appeal filed by Ms. Jo -Ann Tallett. The issue in this case has been identified as, Number one—did the Employer, the Human Resources Department of the County of Hawaii, violate any statutes, regulations, rules, or personnel policies, in the Appellant's statement of legal wrong regarding the following action—classification or reclassification of a particular position. And if the answer to the above is "yes" then what remedy can be awarded by the Merit Appeals Board. The Board is now is receipt of communications by the Appellee, the County of Page 14 Merit Appeals Board August 12, 2024 Hawaii, to discuss the motion for lack of jurisdiction. We will take up this matter first. The Board will now hear oral arguments on this motion. And also present in the Council Chambers is our Director of Human Resources, Sommer Tokihiro. So pardon meSherilyn Tavares is the attorney for the County, from the Office of the Corporation Counsel—and the Appellant is Ms. Tallett. SPEAKER: (Inaudible.) CHR. CABANAS: No problem, it's always good to ask for clarification when one's not sure. So, we have the motions. Ms. Tavares, would you like to present any information to the Board, at this time? MS. TAVARES: Good morning. CHR. CABANAS: Good morning. MS. TAVARES: I would submit on the motion that the County has filed for dismissal of this matter for lack of jurisdiction. While it is not easy, we are required to follow the law. Sometimes things occur that might not feel right—perhaps, might not be what we want to do but, irrespective of our feelings, we are required to follow what the law says. And as outlined in the County's motion, this Board lacks jurisdiction over this appeal for the matters in which Ms. Tallett is seeking a remedy—and I submit on my written brief. CHR. CABANAS: Okay, but just to highlight for everyoneI know you submitted the brief but—so you're saying that MAB lacks jurisdiction to hear Ms. Tallett's appeal, and Ms. Tallett's appeal talks about retro pay, right, because they have been reclassified MS. TAVARES: Reallocated. CHR. CABANAS: Reallocated to—what was the titleSupervising—let me look at it. MS. TALLETT: Clerical Services Supervisor II to a Police Records Supervisor. CHR. CABANAS: Okay Thank you, Ms. Tallett. So, you're sayingstating, Ms. Tavares, that we don't have jurisdiction to hear her appeal because she is citing as her remedy the retro pay? The retro pay is her remedy? MS. TAVARES: That is correct, but prior that is the remedy that she is seeking but before we reach a remedy, we have to have a determination that this Board has jurisdiction. CHR. CABANAS: Correct. Page 15 Merit Appeals Board August 12, 2024 MS. TAVARES: And she is not challenging the reallocation of her position, which our argument is that this Board has jurisdiction for issues with reclassification, which I had to learn. It's very different than a reallocation. And, therefore, that is the reason that this—we can't even get to the remedy because this Board does not have jurisdiction to first make a determination on the foundational question that is being presented. CHR. CABANAS: Okay. Ms. Tallett? MS. TALLETT: Doesn't the Merit of Appeals look into what caused this whole request that we made? That's my question. Is anybody—who's in charge of making sure that things get done in a timely manner? I show up for work every day. The first day I get a request, my 10 -day start. l only have 10 days to produce to the Corporation Counsel, public—any request I have. This took a year to change my title and my SR rating. This is the rabbit hole we were sent down. If this is not the rabbit hole, then why did we get sent down this rabbit hole? That's my question. So, who's responsible, if not the director, to make sure that their employees are doing things in a timely manner? There's no law on that is there for DHR or is there? `Cause I couldn't find it. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Yes. Ms. Tallett, thank you for appearing today. Now, I read through your papers and you have been reallocated, which you've accepted. And it seems to me, correct me if I'm wrong, but your main concern is that it took one-year and five -months for that to happen even though you were very timely and very efficient. MS. TALLETT: Correct. And my wages were lost because of that. MR. WISEMAN: And your wages were lost the difference of your new position and the old one, is that right? MS. TALLETT: Exactly. MR. WISEMAN: Yeah, okay, but you were still getting paid the old one? MS. TALLETT: Not until a year and five -months later. Yes. MR. WISEMAN: I see. All right. And, but what you're asking the Board to do is to put some type of measure in the government operations—and there's very few governments that are not (inaudible). In my experience in living in the islands for 55 years has been usually two sleeves sometimes slow and slower—and some islands are slow and stop—at least we don't have that. But, in any event, you have compassion with your situation in having to wait that long. MS. TALLETT: But is it not the Director of County Human Resources to maintain classification and pay for all positions within the County? Is it not? `Cause that's my argument right now. Page 16 Merit Appeals Board August 12, 2024 It's their responsibility to maintain it. And all they did for me—and I'm being honest about this—all they did was change my title and raise my pay. I did all the background. No one ever spoke to me about my position. No one ever asked me anything about how my office should run. My girls have to go through this now. And there's no accountability, whatsoever, from my HR or County HR. Nothing. MR. WISEMAN: It does seem like there's— MS. TALLETT: But there is a law saying that they are in charge of classification and pay. That's the bottom line. MR. WISEMAN: It does seem like there was a shortcoming in your situation, however, that doesn't result in us issuing some type of mandate, other than the Board considering suggestions to the director. Thank you. CHR. CABANAS: Ms. Tavares, do you have any other additional information to provide? MS. TAVARES: No, I don't. CHR. CABANAS: Okay. Ms. Tallett? MS. TALLETT: No, I don't have. CHR. CABANAS: I can sense your frustration and it's more than frustration actually. At this point, we are only deciding whether we have a jurisdictional responsibility to hear her appeal. So, I want to say something, but I can't because I don't want to get into that. So, if not, the Board will deliberate in executive session and you can all, kindly, wait outside of the Hilo Council Chambers. But I'll need a motion for the Board to go into executive session. MR. KUNZ: So moved. MS. BOND: Second. CHR. CABANAS: Second—okay. We have a motion and a second. Any further discussion? Mr. Halvorson, do you have any comments for the Board before we go into executive session? MR. HALVORSON: No. CHR. CABANAS: We have Ms. Tallett here and we have Ms. Tavares here. MR. HALVORSON: No, I have no questions. CHR. CABANAS: Okay, thank you. Okay, so from we'll go into executive session. I'm going to call—start a rollcall vote with Ms. Mathews. Page 17 Merit Appeals Board MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Cabanas—aye. August 12, 2024 Five ayes. Motion carried. We will now enter into executive session at 10:23 a.m. Thank you very much. RECESS: The Chair called for a recess at 10:23 a.m. CONVENE: The meeting convened at 10:23 a.m. in executive session. RECONVENE: The meeting reconvened at 11:00 a.m. in open session. 10:00 A.M.: HEARING RE COMMUNICATION NO. 24-04 (Note: The Hearing Concerns The Preliminary Issue Of Whether The Board Has Jurisdiction To Hear The Appeal, Under Section 76-14, Hawaii Revised Statutes. If It Is Determined That The Board Has Jurisdiction, The Hearing Will Proceed Concerning The Merits Of The Appeal.): Communication No. 24-04: Received On May 8, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-04.01, Received On July 3, 2024, Regarding Appellant's Submittal Of Documents Entitled, "Reorganization And Pay," Exhibits "A" – "M" And Witness List And Statements; And Communication No. 24-04.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" – "10"; Certificate Of Service; And Communication No. 24-04.03, Received On July 8, 2024, Regarding Appellee's Witness List; Certificate Of Service; And Communication No. 24-04.04, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Page 18 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 Merit Appeals Board August 12, 2024 CHR. CABANAS: The Chair can't make a motion? Okay, I'll go back to Mr. Wiseman who made the original motion in our executive session. So, please proceed. MR. WISEMAN: Pursuant to our deliberations in executive session, I move that the Board adopt the motion to refer this to the Hawaii Labor Relations Board and the Deputy—our Counsel will write a written put forth a written decision on that. CHR. CABANAS: And about the issues? MR. WISEMAN: Yeah. And the issues complained of—the untimeliness of decisions that should be made rather quickly, should be looked in to and the Board makes a strong suggestion to yeah, to CHR. CABANAS: Accountability. MR. WISEMAN: accountability—for accountability. MR. KUNZ: Second. CHR. CABANAS: Any further discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. Thank you, everyone, for today. MS. TAVARES: Thank you. MS. TALLETT: Thank you. CHR. CABANAS: Okay, take care. Okay. Thanks, Sherilyn. Page 20 Merit Appeals Board August 12, 2024 So, we are now, I think, on a recess until 2 p.m. Yeah, we are in recess `til 2 p.m. RECESS: The Chair called for a recess at 11:05 a.m. RECONVENE: The meeting reconvened at 2:00 p.m. in open session. Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair (via Zoom) Ms. Suzi Bond, Member Mr. Charles Kunz, Member Mr. David Wiseman, Member (via Zoom) Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Sommer J. Tokihiro, Director, Human Resources Department Mr. James E. Halvorson, Deputy Attorney General, State Department of the Attorney General (via Zoom) Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Appellant 1, Police Reports Reviewer 11, Police Department Ms. Appellant 2, Police Reports Reviewer 11, Police Department Ms. Appellant 4, Police Reports Reviewer 11, Police Department Ms. Appellant 6, Police Reports Reviewer 11, Police Department Ms. Appellant 7, Police Reports Reviewer 11, Police Department Absent Ms. Appellant 3, Police Reports Reviewer 11, Police Department Ms. Appellant 5, Police Reports Reviewer 11, Police Department Page 21 Merit Appeals Board August 12, 2024 2:00 P.M.: HEARING RE COMMUNICATION NUMBERS 24-05,24-07,24-08,24-09, 24-10, 24-11, 24-12 (Note: The Hearing(s) Concerns 1) The Preliminary Issue Of Whether The Merit Appeals Board (Board) Has Jurisdiction To Hear The Appeal(s), And 2) Whether The Appeal(s) Can Be Consolidated With Other Appeals That Raise The Same Classification/Reclassification Issue. If It Is Determined That The Board Has Jurisdiction, An Additional Hearing(s) Will Be Scheduled Concerning The Merits Of The Appeal Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Following Matters Listed Below (Communication Nos. 24-05, 24-07, 24-08, 24-09, 24-10, 24-11, And 24-12), 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.) COMMUNICATION NO. 24-05 (APPELLANT 1) Communication No. 24-05, Received On May 16, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-05.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" — "91)"); And Communication No. 24-05.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" — "2"; Certificate Of Service; And Communication No. 24-05.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-07 (APPELLANT 2) Communication No. 24-07, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-07.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" — "91)"); And Communication No. 24-07.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-07.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. Page 22 Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-08 (APPELLANT 3) Communication No. 24-08, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-08.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-08.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-08.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-09 (APPELLANT 4) Communication No. 24-09, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-09.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-09.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-09.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-10 (APPELLANT 5) Communication No. 24-10, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-10.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-10.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-10.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-11 (APPELLANT 6) Communication No. 24-11, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-11.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-11.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-11.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. Page 23 Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-12 (APPELLANT 7) Communication No. 24-12, Received On May 24, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-12.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" – "91)"); And Communication No. 24-12.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" – "2"; Certificate Of Service; And Communication No. 24-12.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: Okay, good afternoon, everyone. We have quorum today. We have two of our Board member appearing via Zoom—Mr. David Wiseman appearing via Zoom from Kona and Ms. Gay Mathews, our Vice -Chair, appearing from Honokaa. And here in the Hilo Council Chambers with me are Mr. Charlie Kunz, to my left; to my far right, Ms. Suzi BondI'm Gabriella Cabanas, the Chair of the Merit Appeals Board. And with us, our Assistant Corp. Counsel, to my right, J Yoshimoto; in the back of me, our Secretary -Reporter, Glynis Yamada; appearing via Zoom, our attorney for appeal hearings is from the Deputy—is our Deputy Attorney General, James Halvorson. Hi, Jim. And also sitting in the gallery are our Deputy Corp. Counsel, Ms. Sherilyn Tavares; our Director of Human Resources, Sommer Tokihiro; and we have five employees from the Hawaii Police Department. If you could kindly, I guess, yeah, we have a mic. up front, if you could kindly sit up front—yeah, if you could sit in the front row. I mean, we have a mic. there on the tabletop if you could kindly identify yourselves? MS. APPELLANT 4: (Appellant stated her name.) MS. APPELLANT 6: (Appellant stated her name.) MS. APPELLANT 7: (Appellant stated her name.) MS. APPELLANT 2: (Appellant stated her name.) MS. APPELLANT 1: (Appellant stated her name.) CHR. CABANAS: Okay, thank you very much. The hearing today is regarding Communication numbers 24-05, 24-07, 24-08, 24-09, 24-10, 24-11, and 24-12. The hearing concerns Number one the preliminary issue of whether the Merit Appeals Board has jurisdiction to hear the appeals; and two, whether the appeals can be consolidated with other appeals that raise the same classification/reclassification issue. If it is determined that the Board has jurisdiction, an additional hearing will be scheduled concerning the merits of the appeal. Page 24 Merit Appeals Board August 12, 2024 The Merit Appeals Board anticipates convening one or more executive meetings regarding the following matters listed below -and this pertains to Communication numbers 24-05, 24-07, 24-08, 24-09, 24-09, 24-10, 24-11, and 24-12, 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 Boards' 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. COMMUNICATION NO. 24-05 (APPELLANT 1) Communication No. 24-05, Received On May 16, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-05.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-05.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" - "2"; Certificate Of Service; And Communication No. 24-05.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: So, this communication pertains to Appellant 1, correct? And, Appellant 1, you requested that the hearing be closed, is that correct? Do you still want it closed? You do? Okay. And then, moving along -let me just make my little notes here. COMMUNICATION NO. 24-07 (APPELLANT 2) Communication No. 24-07, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-07.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-07.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-07.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: Moving along -Communication number 24-07 pertains to Appellant 2. Yeah? Okay. And, Appellant 2, do you want the hearing to be closed or open? Closed. Okay. MR. WISEMAN: Madam Chair, may I interrupt for a moment? CHR. CABANAS: Yes. Page 25 Merit Appeals Board August 12, 2024 MR. WISEMAN: To make sure that the—all the Appellants who are, I think, are similarly situated, then I realized that a closed hearing means that the rest of them have to go outside and wait. CHR. CABANAS: That's correct. MR. WISEMAN: I'm not sure—in all likelihood they understand that, but I was (inaudible) to them. CHR. CABANAS: Yes, that's a good point. They can think it over and they can—well, let me read through the communications and then I'll ask you, so you can be thinking in the meantime. Is that okay? Okay. Because if it's closed, then only you, as the Appellant, would be in the Council Chambers and the rest wait outside. Whereas, if you decide to be together, then we'll hear your issues together. But it still could be closed or it just has to be open? Our Deputy Attorney General, if they all want to be together, can it still be closed? MR. HALVORSON: Yes. CHR. CABANAS: Okay, thank you very much. Okay. So, ladies, kind of think it over what you'd like to do, okay? COMMUNICATION NO. 24-08 (APPELLANT 3) Communication No. 24-08, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-08.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" – "91)"); And Communication No. 24-08.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-08.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: Next Communication 24-08, pertains to Appellant 3. Is Appellant 3 here? She is not here. Okay, so this is Appellant 3. Page 26 Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-09 (APPELLANT 4) Communication No. 24-09, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-09.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" — "91)"); And Communication No. 24-09.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-09.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: Communication number 24-09 is next, that pertains to Appellant 4. Okay. COMMUNICATION NO. 24-10 (APPELLANT 5) Communication No. 24-10, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-10.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" — "91)"); And Communication No. 24-10.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-10.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: Communication number 24-10, pertains to Appellant 5. She's not here, yeah? COMMUNICATION NO. 24-11 (APPELLANT 6) Communication No. 24-11, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-11.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" — "91)"); And Communication No. 24-11.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-11.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: Next we have Communication number 24-11, and that pertains to Appellant 6. Page 27 Merit Appeals Board August 12, 2024 Whose phone is that? Can you both mute your telephones for those appearing via Zoom? It's picking up some background conversation. MS. MATHEWS: David and I were silenced, I think it is Mr. Halvorson. CHR. CABANAS: Oh, okay, Jim, can you check—we're picking up some conversation in the background. Okay, thank you. COMMUNICATION NO. 24-12 (APPELLANT 7) Communication No. 24-12, Received On May 24, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-12.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" – "91)"); And Communication No. 24-12.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" – "2"; Certificate Of Service; And Communication No. 24-12.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service Okay, so I'm just checking. We have one more Communication 24-12, and that's concerning Appellant 7. Okay. May I have a motion to enter all these communications into our record? MR. KUNZ: So, moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? If not I'll start a rollcall vote with Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. Page 28 Merit Appeals Board CHR. CABANAS: Ms. Cabanas—aye. August 12, 2024 Five ayes. Motion carried to receive and file these communications that I just read24-05, 24-07, 24-08, 24-09, 24-10, 24-11, and 24-12—and all of the accompanying communications that fall within those numbers. So, we have made all of the introductions for those that are present in today's hearing. So, Appellants, do you want an open or closed hearing, and do you want to have your hearing combined? I guess, that's what I should ask first. Or do you want to just do it individually? And if you do want to do it individually, do you want it open or closed? I know, a lot to think about. Yeah. So, in order for us to record your responses, if you could kindly pick up the mic. on the tabletop, and identify yourselves, and indicate if you want to be together or if you want your appeal individually heard, and then whether you want an open or closed hearing. So, Appellant 1, we'll start with you. Pardon? Oh, yes, you can come up to the table, of course, yes. Yes, please come up to the table, Sherilyn. You can sit there, if that's okay for now. Okay. Okay, so—Appellant 1, okay, you're up first. (At this time, Ms. Appellant 1, Police Reports Reviewer, 11, Police Department; and Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel, came forward.) MS. APPELLANT 1: (Appellant stated her name), combined and closed. CHR. CABANAS: Combined and closed. Okay, next. MS. APPELLANT 2: (Appellant stated her name), combined and also closed. CHR. CABANAS: Okay. MS. APPELLANT 7: (Appellant stated her name), combined and closed. MS. APPELLANT 6: (Appellant stated her name), combined and closed. MS. APPELLANT 4: (Appellant stated her name), combined and closed. CHR. CABANAS: Okay, thank you. MS. TAVARES: Am I permitted to make an objection or at least the County has a position on this? Page 29 Merit Appeals Board August 12, 2024 CHR. CABANAS: Okay. Yes, sure. I just wanted to give them that opportunity first. We have two Appellants that are not present—that's Appellants 3 and 5—but we'll move forward for now. Okay, so—did you want to make aso your comments, Ms. Tavares, proceed. MS. TAVARES: So, to address the five individuals who are present, it is the County's position that each of these matters are unique as is evidenced by the County's submissions. No two appeals are identical, while many documents that were filed were repetitive, each of them has their own unique filings as far as dates and whether certain procedures were filed. And the County does not believe that it is appropriate to consolidate this matter, for those reasons, into one combined hearing. Furthermore, I'm not sure that the Rules, if an individual Appellant is requesting a closed hearing, then it is to be closed for that particular persons privacy. I understand that the Chair has individually questioned everybody and they're willing to do it jointly, but the County opposes that, specifically, because there are different issues in each of these appeals. I would also further like to address the two individuals who are not here—when I'm given permission to do so. CHR. CABANAS: Okay, thank you, Ms. Tavares. So, I'm going to ask our Legal Counsel Jim, the County is objecting to a combined hearing. What is your advice to the Board? MR. HALVORSON: I think here, there are two questions. The first one's can there be a combined hearing for the limited purpose of determining jurisdiction. That appears to be a common thread. If there is jurisdiction, you can revisit the issue of whether or not to hear each of the hearings separately, taking up the County's concerns. But I think on the initial subject of jurisdiction, I don't think there's any problem with combining them all. CHR. CABANAS: Okay. Thank you very much. Okay. MS. TAVARES: May I ask a follow-up or make a follow-up statement—and, essentially, just for everyone's awareness. I want to ensure that each Appellant's due process rights are protected and that is the reason I am asking these questions. Should either party, whether it is the Appellant or the County/Appellee, decide at the end of this process that they are not satisfied with the result and this matter, should it be appealed to the Circuit Court I want to ensure that their due process rights are protected and the record is very clear about what happened before this Board, in another court reviewing that process. And that is the only reason for my questioning and my objections. Page 30 Merit Appeals Board August 12, 2024 There are certain individuals, two of whom are not present today, who did not file DHR appeals. And so, that—specifically, that is the reasoning for my concern and my questioning is to ensure that their due process rights are being protected. If it is the Board's decision, based on the advice of your Counsel that we're specifically going to deal with jurisdiction, obviously, the County filed individual motions to dismiss for lack of jurisdiction, with the thread, the common thread being that his Board does not have jurisdiction to consider the merits of their appeal, then I will let the Board make that decision and proceed as the Board wishes to. But I just want to be sure that they're individually protected should there need be a need to continue this process. I don't want it to be another basis for a future appeal that we somehow are not protecting their rights. So, I just wanted to be clear on that. And I still have objections to the two individuals who are not present when the Board is ready to address that issue. CHR. CABANAS: Okay. Well, let me proceed understood. I understand your point very clearly. I mean, we, members of the Board would want the same thing for each and every individual before the Board that they are, in that they have, and that they receive their fair and due process. So, let me state what the issues in this case are. And so, there are two—Number one, did the Employer, the Human Resources Department of the County of Hawaii, violate any statutes, regulations, rules, or personnel policies, in the Glynis is telling me I'm supposed to read this as part of the closed hearing. So, all five want a closed hearing. Do you still want the closed hearing after what you heard about Ms. Tavares' comments? You still want the closed hearing and you all want it combined? Yeah. And then, if you could come up and, again, say your name for the record and then say, "Yes, I want a combined closed hearing" or if you don't want that say, "I want my individual hearing" because she is right. Some of the forms are different, the exhibits are different—and you would have to carry your appeal on your own, individually, if you choose to go individual—whether it's open or closed. So, I'll start with you. MS. APPELLAN 4: (Appellant stated her name), combined/closed. CHR. CABANAS: Okay. MS. APPELLANT 6: (Appellant stated her name), combined and closed. CHR. CABANAS: Okay. MS. APPELLANT 7: (Appellant stated her name), combined and closed. CHR. CABANAS: Okay. Page 31 Merit Appeals Board August 12, 2024 MS. APPELLANT 2: (Appellant stated her name), combined and closed. CHR. CABANAS: Okay MS. APPELLANT 1: (Appellant stated her name), combined and closed. CHR. CABANAS: Okay, thank you, ladies. Okay, so combined and closed. So, may I have a motion for the Board to go into a closed hearing? MS. BOND: So moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. And I've had my hand up for a few minutes (inaudible). CHR. CABANAS: Oh, I'm sorry. Okay, thank you. And Ms. Cabanas—aye. Five ayes. Motion carried for the Board to enter into a closed hearing. So, our secretary will be securing the room and the Zoom capability. So, we'll just pause for a few minutes. RECESS: The Chair called for a recess at 2:28 p.m. CONVENE: The meeting convened at 2:29 p.m. in closed session. RECESS: The Chair called for a recess at 2:56 p.m. CONVENE: The meeting convened at 2:59 p.m. in executive session. RECONVENE: The meeting reconvened at 3:10 p.m. in closed session. Page 32 Merit Appeals Board August 12, 2024 RECONVENE: The meeting reconvened at 3:21 p.m. in open session. 2:00 P.M.: HEARING RE COMMUNICATION NUMBERS 24-05,24-07,24-08,24-09, 24-10, 24-11, 24-12 (Note: The Hearing(S) Concerns 1) The Preliminary Issue Of Whether The Merit Appeals Board (Board) Has Jurisdiction To Hear The Appeal(s), And 2) Whether The Appeal(s) Can Be Consolidated With Other Appeals That Raise The Same Classification/Reclassification Issue. If It Is Determined That The Board Has Jurisdiction, An Additional Hearing(s) Will Be Scheduled Concerning The Merits Of The Appeal Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Following Matters Listed Below (Communication Nos. 24-05, 24-07, 24-08, 24-09, 24-10, 24-11, And 24-12), 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.) COMMUNICATION NO. 24-05 (APPELLANT 1) Communication No. 24-05, Received On May 16, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-05.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" — "91)"); And Communication No. 24-05.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" — "2"; Certificate Of Service; And Communication No. 24-05.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-07 (APPELLANT 2) Communication No. 24-07, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-07.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" — "91)"); And Communication No. 24-07.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-07.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. Page 33 Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-08(APPELLANT 3) Communication No. 24-08, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-08.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-08.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-08.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-09 (APPELLANT 4) Communication No. 24-09, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-09.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-09.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-09.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-10 (APPELLANT 5) Communication No. 24-10, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-10.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-10.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-10.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. COMMUNICATION NO. 24-11 (APPELLANT 6) Communication No. 24-11, Received On May 21, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-11.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" - "91)"); And Communication No. 24-11.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1"; Certificate Of Service; And Communication No. 24-11.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service. Page 34 Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-12 (APPELLANT 7) Communication No. 24-12, Received On May 24, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Department Of Human Resources: Classification Or Reclassification Of A Particular Position; And Communication No. 24-12.01, Received On July 5, 2024, Regarding Appellant(S) Submittal Of Document Entitled, "Reallocation And Retroactive Pay" (Exhibits "1" – "91)"); And Communication No. 24-12.02, Received On July 8, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Sherilyn K Tavares; Exhibits "1" – "2"; Certificate Of Service; And Communication No. 24-12.03, Received On July 23, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction; Certificate Of Service CHR. CABANAS: So, we are now in open session at 3:21 p.m. So, following the closed session hearing, the Board will announce its decision in an open session, which we are in. And so, a motion needs to be made to concur with the Board's recommendation, seconded, and a rollcall vote taken. MS. BOND: So, moved. CHR. CABANAS: Is there a second? MS. MATHEWS: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. Thank you very much, everyone. Page 35 Merit Appeals Board Announcements (Item 9) August 12, 2024 CHR. CABANAS: We are now on Number 9—wait, I'm on the wrong page here. Any yes, thank you very much. MR. KUNZ: Thank you very much. MS. MATHEWS: Thank you. CHR. CABANAS: So, are there thank you—are there any "Announcements?" Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Wednesday, August 28, 2024, At 9:30 a.m., At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 CHR. CABANAS: If not, scheduling the next meeting date. The Merit Appeals Board will convene its next meeting on Wednesday, August 28, 2024, at 9:30 a.m., at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. MR. WISEMAN: Madam Chair, before we entertain adjournment. I'd just like to raise my request at the last meeting, that the Chair send a informal follow-up letter to the attorney general on that case we had a few months ago. CHR. CABANAS: Yes. Thank for bringing it up. Glynis has been in touch with the attorney general's office and they yeah, and they are working on it. MR. WISEMAN: Okay. Thank you. CHR. CABANAS: Yes, you're welcome. Adiournment (Item 11) CHR. CABANAS: So, may I have a motion to adjourn today's meeting? MR. KUNZ: So moved. MS. BOND: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Mr. Kunz. MR. KUNZ: Aye. Page 36 Merit Appeals Board CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. August 12, 2024 Five ayes. Motion carried. Meeting is adjourned at 3:24 p.m. Thank you, everyone. Respectfully submitted, Glynis Yamada, Secretary -Reporter APPROVED: Gabriella M. Cabanas, Chair Merit Appeals Board Page 37