2024-11-26 Merit Appeals Board Minutes

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Merit Appeals Board November 26, 2024 Communication No. 24-03.18, Received On September 20, 2024 Regarding Appellant's Second Application For Issuance Of Subpoenas; Declaration Of Ted H. S. Hong; Exhibits "D" — "E" • And Communication No. 24-03.19, Received On October 28, 2024, Regarding Appellant's Amended Exhibit List; Exhibit "10"; And Communication No. 24-03.20, Received On November 18, 2024, Regarding Appellant's Return Of Service Signed Applications For Issuance Of Subpoena's (Reference Communication No. 24-03.18); And Communication No. 24-03.21, Received On November 19, 2024, Regarding The Hawaii Labor Relations Board Declaratory Ruling And Order (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting CHR. CABANAS: Thank you, everyone for your patience. We now have the appeal hearing for Mr. Turner. (At this time, Mr. Lyndon P. K. Turner, Automotive Storekeeper (TA to Construction Equipment Repair Supervisor II), Public Works Department, and Mr. Ted H. S. Hong, Legal Counsel for Mr. Turner; and Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel, and Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) CHR. CABANAS: Good morning, Mr. Turner. He is present with his attorney, Mr. Ted Hong; and the County's attorney is Mr. Justin Lee, from the Office of the Corporation Counsel, along with the Director of Human Resources, Ms. Sommer Tokihiro. For the record, I'd just like to note that we have other individuals sitting in the gallery. We have Ms. Darlene Akamine and Mr. Steve Pause, who I believe will be witnesses for Mr. Hong. MR. HONG: That's correct. CHR. CABANAS: Okay, thank you. Okay. So this hearing is regarding Communication number 24-03, the appeal filed by Mr. Lyndon P. K. Turner. At its meeting held on August 28, 2024, the Merit Appeals Board voted to hold this matter in abeyance and refer it to the Hawaii Labor Relations Board, known as "HLRB"—for their decision concerning whether MAB has jurisdiction to hear this appeal. Page 19