2024-11-26 Merit Appeals Board Minutes

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Merit Appeals Board November 26, 2024 If witnesses are used —and they will be the opposite parties will be allowed to cross-examine the witness. Members of the Board may also question the witness after the witnesses testimony. Are there any questions? MR. HONG: No. Thank you. MR. LEE: No, thank you. CHR. CABANAS: Thank you. Are there —okay, so if no questions, we will begin. So, at this time, we're going to allow the Appellant, Mr. Hong and Mr. Turner, to make an opening statement, if you wish to do so; and then followed by the County, if you wish to make an opening statement. An opening statement is used to present a broad overview of the case to be presented before the Board. It is somewhat of a summary of the case to be presented. It's main purpose is to chart for the Board the presentations, facts, and arguments to be presented. And, normally, an opening statement is about 3-minutesnormally, for the Merit Appeals Board. And our Secretary will time your 3-minute opening statement. Remember, it's a broad overview of the case. So, we'll start with Mr. Hong, representing Mr. Turner. MR. HONG: Madam Chair, Members of the Board, good morning. My name is Ted Hong with me is Mr. Lyndon Turner, the Appellant. Brief overview or opening statement in this case is this has always been about a probationary appointment. And it was clear that it was a probationary appointment to the position of Construction Equipment Repair Supervisor II, to not only my client, Lyndon Turner —but also to the department director and also to other official —County officials. It wasn't until six or se —actually seven months into his service as a probationary appointment that now the only person that —in this room that believes that this was —we're still a recruitment, is the civil the Human Resources Director —and this was never a recruitment. By the time he was appointed, the evidence will show —he was a probationary employee. Recruitment ended once his —once he was appointed to the position. Thank you. CHR. CABANAS: Thank you, Mr. Hong. Mr. Lee. MR. LEE: In substance, the County will submit on its pre -hearing brief, which I think was Communication number 24-03.09 but, in summary, will submit that the Human Resources Director, upon Administrative Review after an Internal Complaint was filed —discovered a discrepancy in the class specifications of the position. Because of that discrepancy, corrective action was taken. So, the probationary appointment was voided and the recruitment was Page 22