2024-11-26 Merit Appeals Board Minutes

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Merit Appeals Board November 26, 2024 MR. ENRIQUEZ: Okay, that's what I didn't understand what you were saying you were talking in acronyms so CHR. CABANAS: Yes, normally, Mr. Enriquez, if —this has happened in the past. If someone files an appeal to the Merit Appeals Board and they simultaneously files an appeal to EEOC EEOC is the higher power to address a discrimination complaint. So, they would take on the case. Same thing if you filed a two -prong complaint. Let's say you filed a complaint to Hawaii Civil Rights Commission and EEOC—simultaneously—one will take the discrimination complaint. In other words, one agency will defer to the other. So, it's same thing —well, not quite the same as Merit Appeals Board and EEOC, `cause EEOC is the higher level agency for discrimination complaints. MR. ENRIQUEZ: Yeah, `cause actually I filed the appeal with you folks first because the deadline was so narrow, right? So, I had, like, 7-days7-days, and then with you guys was, like, 20-days. I didn't file the EEOC until after the last hearing because, I guess, the person from the Attorney General's Office said not to wait because it would expire already. `Cause I think the expiration date was at the ending of October. And we wasn't going to see each other again until today. So, if I didn't file it, then it would be too late —so that's why the gentleman on the right screen, said to file it and not wait until it expired. So, that's why I filed it. So, I didn't do it simultaneously. I did you guys one first. So CHR. CABANAS: Yeah, and it doesn't really have to be simultaneously either. So, if you did —as you said —later filed to EEOC, again, they are still the higher level agency for discrimination complaints, rather than the Merit Appeals Board. So, having had this discussion with you thanks for explaining to us —is there a motion from the Board to allow Mr. Enriquez more time to secure his attorney and also see what happens with his file being given to the attorney from EEOC. MR. KUNZ: So moved. CHR. CABANAS: Is there a second? MR. WISEMAN: Second. MS. MATHEWS: Second. CHR. CABANAS: Any discussion? MS. MATHEWS: I do have a quick question. How would we —what obligation does Mr. Enriquez have to let us know that this needs to be back on the agenda. So, are we doing this indefinitely until he responds or how are we working that timeframe? Page 12