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Merit Appeals Board <br />September 19, 2024 <br />MS. BOND: On the 26 h? <br />MS. MATHEWS: On the 26 h. <br />MS. TAVARES: While Mr. Hong is thinking about that, I would just note that it's my <br />understanding this appeal is not a full evidentiary hearing because we are just setting it for any <br />kind of motions, so <br />CHR. CABANAS: It's just to determine whether we have jurisdiction, right? <br />MS. TAVARES: I will be available on that day, if he feels that we could do both of them at the <br />same time. <br />MR. HONG: Two pointsI agree with Ms. Tavares, but I would point out that this is similar to <br />Mr. Tur—it's a similar case, in terms of Mr. Turner and the Fire Department. It's, again, the <br />issue of somebody being appointed as the probationary employee, who's now saying they can't <br />have the position because they cancelled the recruitment. <br />So, my concern is whether or not we're going to be subjected to another motion or declaratory <br />ruling to the Hawaii Labor Relations Board and how many times are we going to have to do <br />this. So —'cause it's essentially the same issue. <br />CHR. CABANAS: Ms. Tavares? <br />MS. TAVARES: Well, the County disagrees with the underlying issue, although it does fall <br />under recruitment and examination —is not my intention, at this time, to file directly with HLRB, <br />if the Board so chooses to Sua sponte, make that determination based on our filings. I have no <br />control over that, but that is not the intent of where we will be going with this particular appeal. <br />MR. HONG: That's fine, then, I think we could do —take both on the 26 h, that would be, I <br />think, the most efficient way to do it. <br />CHR. CABANAS: Okay. <br />MR. HALVORSON: Sorry, I cannot hear, Counsel. <br />MR. HONG: Sorry. I said that I don't —sorry, Mr. Halvorson, I just said that I think the 26 h <br />would be the most efficient way to do it. <br />CHR. CABANAS: Okay. Having both Counsels provided their concerns, why don't we just <br />schedule Mr. Kaye's hearing for November 26 h. Mr. Turner's will be first, and then Mr. Kaye's. <br />Okay, go ahead. <br />MS. MATHEWS: I move that we take both Turner and Kaye on November 26 h. <br />Page 12 <br />