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Merit Appeals Board <br />September 19, 2024 <br />(At this time, Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation <br />Counsel and Ms. Sommer J. Tokihiro, Director, Human Resources Department; and <br />Mr. Lyndon P. K. Turner, Automotive Storekeeper, Public Works Department <br />(Appellant) and Mr. Ted H. S. Hong, Legal Counsel for Mr. Turner, came forward.) <br />CHR. CABANAS: So, at this time I'm going to have —Mr. Lee, I'll have you go first. Do you <br />have any comments to make at this time to the Board? <br />MR. LEE: No, no comments. I do have certain dates, I'm not available but —no. Thank you. <br />CHR. CABANAS: Okay. Mr. Hong? <br />MR. HONG: Thank you, Madam Chair, members of the Board. The County actually —let me <br />rephrase that. The Hawaii Labor Relations Board actually dismissed the County's petition for <br />declaratory ruling. So, essentially, the not essentially but the Merit Appeals Board does have <br />jurisdiction. And, I guess, it's just a matter of scheduling and waiting for the written order, <br />but —so, we were —we're prepared to proceed, and we do have some dates where I'm not <br />available also. Thank you. <br />CHR. CABANAS: Okay. Thank you, Mr. Hong. Mr. Halvorson <br />MR. HALVORSON: Well, my understanding is Mr. Hong is going to be out of town for the <br />next, I believe —month? <br />CHR. CABANAS: Correct. <br />MR. HALVORSON: So, hopefully, we'll get some decision by Hawaii Labor Relations Board. <br />I'm not aware of an HLRB dismissal of anything. I haven't received it. So, we'll look into that. <br />Once we get a decision from Hawaii Labor Relations Board, we can set another hearing but it <br />needs to be done after Mr. Hong is back in town. <br />CHR. CABANAS: Okay. Mr. Wiseman, did you have any comments? <br />MR. WISEMAN: No, I think we need the written decision so we can see what it's about, and - <br />but in view of the potential dismissal that Mr. Hong stated —we should, perhaps, prepare some <br />schedule in the future for the hearing. <br />CHR. CABANAS: Yes, I agree as the Chair, because we have other appeals that are being <br />scheduled and I'm sorry that it's taking this long, Mr. Turner and Mr. Hong, and Mr. Lee <br />because you're just waiting —we're all waiting for the decision and order, which is the right <br />thing to do. We need it for it to be formal for the Board. <br />So, at this time, we can try to schedule Mr. Turner's appeal and if you can all look at your <br />dates —and I know Mr. Hong will be away —and then Mr. Lee, now, has some dates of <br />Page 6 <br />