2025-01-30 Merit Appeals Board Minutes

Home

Merit Appeals Board January 30, 2025 CHR. CABANAS: Yes, okay, thanks. Okay, please proceed, Darwin. MR. OKINAKA: Okay. So, going back to that —once the communication going back and forth relating to that "relatively equal" the information came back to our office that "relatively equal" should be considered to 5% of a score —within 5%. And that's where we should attribute that percentage. And if someone is more senior, that 5% will bring them up in ranking, then they would get —they should have preference, I guess, over —on ranking. MR. HONG: Did you recalculate the ranking based on that 5%? MR. OKINAKA: We did it, just to test it —but didn't complete it or utilize that for the final ranking, `cause this all happened after the promotions were done, right. We completed our recruitment assessment, got the scores, did the promotions, and upon the grievant coming in the grievance coming in, that's when we went back and looked at all of this, and we provided that information, at that point. So, it was already completed and the 5%—it was —we didn't have that information in our hands, at the moment when I completed the ranking. MR. HONG: Would it be fair to say that even with the 5%, the grievant didn't outrank Jonah? MS. TAVARES: Objection. Same objection as before. This is going into the merits of the grievance and it is not appropriate for this hearing. MR. HONG: The merits of the grievance no, he's talking about doing the ranking that he redid the ranking based on what HR told him to do or adjust —so, my point being, is that even after they did the rank the recalculation —Jonah was still Number one on the list or, if not, Number one —certainly ahead of the grievant. So, that's it. That's my question. MS. TAVARES: Again, this is going into the substance of the grievance. That's what he's asking for. That's the bottom line. The remedy was reached and how that remedy was reached and the details of the grievance, are not appropriate before this Board. CHR. CABANAS: Well, I think when you submitted the "Exhibit B" it raised —it's like you're putting information out there that leads to other questions. And then, the next thing should have been, "Well, where is the final ranking sheet with all of the applicants and their scores and redact the names" because this is, kind of, mis-leading. You're including their interview questions. What's the purpose of it? And the scoring for each question. You see, this is your exhibit, right? MS. TAVARES: Yes. CHR. CABANAS: Okay. So, what was the purpose of this exhibit? Page 15