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Merit Appeals Board
<br />January 30, 2025
<br />CHR. CABANAS: Good morning. And seated in the back is Assistant Fire Chief Darwin
<br />OkinawaOkinaka—from the Hawaii Fire Department. Good morning, Darwin.
<br />MR. OKINAKA: Good morning.
<br />9:00 A.M.: HEARING RE COMMUNICATION NO. 24-14 (Continued)
<br />Communication No. 24-14, Received On September 12, 2024, From Ted H. S. Hong,
<br />Esquire, On Behalf Of Appellant, Appealing The Following Action By The County Of
<br />Hawai`i's Fire Department: Recruitment And Examination; And
<br />Communication No. 24-14.01, Received On October 28, 2024, From Appellant, Regarding
<br />Appellant's Supplemental Exhibit "3" In Support Of Appellant's Appeal To The Merit
<br />Appeals Board Submitted On September 12, 2024; Exhibits "3"; And
<br />Communication No. 24-14.02, Received On October 29, 2024, From Appellee, Regarding
<br />Appellee's Statement Of No Opposition To The Jurisdiction Of The Merit Appeals Board
<br />To Hear This Appeal; And
<br />Communication No. 24-14-03, Received On December 12, 2024, From Ted H. S. Hong,
<br />Esquire, On Behalf Of The Appellant, Regarding Appellant's Witness List; And
<br />Communication No. 24-14.04, Received On December 12, 2024, From Ted H. S. Hong,
<br />Esquire, On Behalf Of The Appellant, Regarding Appellant's Exhibit List; And
<br />Communication No. 24-14.05, Received On December 12, 2024, From Appellee, Regarding
<br />Appellee's Witness List; And
<br />Communication No. 24-14.06, Received On December 12, 2024, From Appellee, Regarding
<br />Appellee's Exhibit List; Exhibits "A" — "D"; and
<br />Communication No. 24-14.07, Received On January 23, 2025, From Ted H. S. Hong,
<br />Esquire, On Behalf Of The Appellant, Regarding Appellant's Memorandum Of Law
<br />Concerning Recruitment (Executive Session: The Merit Appeals Board Anticipates
<br />Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To
<br />HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer
<br />Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting
<br />Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And
<br />Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities.
<br />A 2/3 Vote Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold
<br />An Executive Meeting)
<br />CHR. CABANAS: So, this morning, we are continuing our hearing that we started from January
<br />16, 2025. The Deputy Attorney General, Jim Halvorson, will be participating via Zoom. Both
<br />parties are present and introductions were made.
<br />This hearing is on the appeal filed by Mr. Jonah Kaye. The issue in this case has been identified
<br />as: Did the Employer, the Fire Department of the County of Hawaii, violate any statutes,
<br />regulations, rules, or personnel policies regarding the following actions —Recruitment and
<br />Examination. And if the answer to the above is "yes" then what remedy can be awarded by the
<br />Merit Appeals Board.
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