2024-11-26 Merit Appeals Board Minutes

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Merit Appeals Board November 26, 2024 At its meeting held on September 19, 2024, MAB was informed that HLRB determined that the Board has jurisdiction to hear this appeal. However, MAB will await the official written decision from HLRB, which we did receive. And so, a hearing on the merits of the appeal is scheduled for this morning, November 26', 2024, at 9:55 a.m. There are a whole number of Communications that were filed I'm not going to read them in verbatim, but it's Communication number 24-03 all the way through Communication number 24-03.21, as reflected and described in detail on the agenda. 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 two-thirds vote of the members present, pursuant to HRS, Section 92-4 is necessary to hold an executive meeting. I would just like to note that our Legal Counsel for the appeal hearing is Mr. James Halvorson, appearing via Zoom on Oahu, and he is with the Attorney General's Office. Okay. So, at this time, I'd like to, again, formally introduce our Board members. I'm Gabriella Cabanas, the Chair; Gay Mathews, to my left, is the Vice -Chair; Suzi Bond is appearing via Zoom from Puna; Mr. Kunz is here to the left of Ms. Mathews; and appearing via Zoom from Kona is Mr. David Wiseman. So, Mr. Turner, just for the record —and Mr. Hong —does the Appellant want an open or closed hearing your appeal form, Mr. Turner, states "open" and your past hearings were held in an open session, which means that anyone from the public can sit in and hear today's hearing. So, do you still want an open hearing? MR. TURNER: Yes. MR. HONG: We would prefer an open hearing. CHR. CABANAS: Okay. So noted. Thank you. Okay, so he wants an open hearing. This hearing is on the appeal filed by Mr. Lyndon P. K. Turner. The issue in this case has been identified as Number 1did the Employer, the Human Resources Department of the County of Hawaii, violate any statutes, regulations, rules, or personnel policies regarding the following actions: Recruitment and Examination, and Classification or reclassification of a particular position? And if the answer to the above is "yes" then what remedy can be awarded by the Merit Appeals Board. Page 20