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2024-09-19 Merit Appeals Board Minutes
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2024-09-19 Merit Appeals Board Minutes
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Merit Appeals Board September 19, 2024 <br />Communication No. 24-03.11, Received On July 30, 2024, Regarding Appellant's <br />Application For Issuance Of Subpoenas; Declaration Of Ted H. S. Hong; Exhibits "A" — <br />"C"; Certificate Of Service; And <br />Communication No. 24-03.12, Received On August 8, 2024, Regarding Appellee's Motion <br />To Continue; Memorandum In Support Of Motion; Declaration Of Justin C. Lee; Exhibits <br />"A" — `B"; Certificate Of Service; And <br />Communication No. 24-03.13, Received On August 14, 2024, Regarding Appellant's <br />Witness List; Certificate Of Service; And <br />Communication No. 24-03.14, Received On August 14, 2024, Regarding Appellant's <br />Exhibit List; Certificate Of Service; And <br />Communication No. 24-03.15, Received On August 15, 2024, Regarding Appellant's Return <br />Of Service Signed Applications For Issuance Of Subpoena's (Reference Communication <br />No. 24-03.11) (Note: The Above Matters Were Listed On The Agenda At The Merit Appeals <br />Board Meeting Held On August 28, 2024). Executive Session: The Merit Appeals Board <br />Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, <br />Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating <br />An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters <br />Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On <br />Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, <br />And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS Section 92-4 Is <br />Necessary To Hold An Executive Meeting <br />CHR. CABANAS: We are now calling our 9:00 hearing regarding Communication number <br />24-03so if you can bear with me, I have quite a bit of communications to read, for the record. <br />At its meeting held on August 28, 2024, the Merit Appeals Board voted to hold this matter in <br />abeyance and refer it to the Hawaii Labor Relations Board, known as H-L-R-B"HLRB"—for <br />their decision concerning whether MAB has jurisdiction to hear this appeal. <br />If HLRB does not render its decision by September 19, 2024—which is today the appeal <br />hearing will be postponed to a future date pending the receipt of their decision. Should HLRB <br />determine that MAB has jurisdiction, the hearing will proceed concerning the merits of the <br />appeal. However, if MAB does not have jurisdiction, the appeal will be dismissed. <br />And as of this date and time, do —did we receive a decision from HLRB? No written decision <br />has been received. <br />MS. BOND: Jim, you're muted. <br />CHR CABANAS: Jim, your mic. is muted. Were you trying to say something? <br />MR. HALVORSON: Yeah, I wanted to say that as the Deputy AG, I want to confirm that we <br />have not received a decision from Hawaii Labor Relations Board. <br />Page 4 <br />
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