2024-08-28 Merit Appeals Board Minutes

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Merit Appeals Board August 28, 2024 CHR. CABANAS: Okay. `Cause I can't see it from the angle. Okay. Oh, hello, hi, good morning—could you disclose yourself, please, `cause we see your number appearing via Zoom. MR. ROQUE: Yeah. Good morning, my name is Rocky Roque. CHR. CABANAS: Oh, hi, Mr. Roque. Okay. Thank you for identifying yourself. So, at this point, let me continue. Strict rules of evidence will not apply in this hearing, however, the Board requests that all parties confine themselves to the matters connected with today's hearing and the issue before the Board. If witnesses are used, the opposite parties will be allowed to cross-examine the witness. Members of the Board may also question the witness after the witness testimony. Are there any questions? If not, we shall begin. The Board may go into executive session to discuss the motions before the counsels make their arguments. Unless the parties have agreed otherwise, the Board will entertain the Appellee's motion to continue until such time as the Hawaii Labor Relations Board renders a decision as to whether this Board has the authority to proceed—reference Communication number 24-03.12, received on August 8, 2024. For the record, the Board is in receipt of the Appellants memorandum in opposition to Appellee's motion to continue, dated August 8, 2024—reference Communication number 24-03.16. Okay. So, at this time, we're going to allow the County the opportunity to make argument in support of its motion. Mr. Lee? MR. LEE: Thank you. Deputy Corporation Counsel, Justin Lee, present on behalf of the County of Hawaii. The motion to continue is premised on the argument that the Merit Appeals Board does not have the authority to decide if it has jurisdiction—only the Hawaii Labor Relations Board may do so that's the plain meaning of the statute, HRS 76-14(c)(2)—and I'll quote it, "The Merit Appeals Board shall not proceed on an appeal or shall hold proceedings in abeyance if there's any controversy regarding its authority to hear the appeal, until the controversy is resolved by the Hawaii Labor Relations Board." That rule is also echoed in the Merit Appeals Board Rule 1044(b). In this case, it's relatively simple. The County has asserted that the Board does not have jurisdiction. The Appellant has asserted that it does. The plain meaning of the word "controversy" exists—and the analysis stops. Page 10