2024-12-16 Merit Appeals Board Minutes

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Merit Appeals Board December 16, 2024 MR. HONG: Yes. MR. WISEMAN: Yeah, they need the written order, right? MR. HONG: That's what they're telling him. MR. WISEMAN: Yeah, of course. MR. LEE: I might be able to provide some clarification. CHR. CABANAS: Okay. MR. LEE: I wasn't 100% looped in but it was mentioned to me with my conversation with director. I think the department is —was unclear as to what to do with the intervening time between Marchand December I" if it was to appear that Mr. Turner was at the CERSII position as if the TA'ing and this appeal had never happened. Or whether to pick up, in effect, where he left off, as the Chair meant, as far as (inaudible) or not. And I think the director wanted the written order because it would provide some clarity as far as how to treat Mr. Turner —in effect, I guess, (inaudible) to pretend as if this —nothing happened and he would —always had the CERSII position, or if he had to finish off the remainder of his probation or not. So, I think the department wasn't clear as far as how to treat that. CHR. CABANAS: Okay. `Cause normally TA time is not included in a new probationary period. It's the status is different. And to do so, wouldI believe set a precedence. We did not address that in our decision, as a Board, when we met last month that's a question —Ms. Mathews is asking, can we correct that now. So, that's a question for Mr. Halvorson. How would we deal with that, if we should at all? SPEAKER: And "TA" means what? CHR. CABANAS: "Temporary Assignment" —see, a temporary assignment —one does not have to meet the minimum qualifications. The person, the employee, would need to be able to do the significant part of the job duties. Okay. And, in this case, Mr. Turner met the requirements but because of the complaint that was filed, the department put him on TA. MS. MATHEWS: How does that affect his pay, seniority, and all of those pieces? CHR. CABANAS: Well, at the top of my head Page 8