2024-08-12 Merit Appeals Board Minutes

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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