2025-01-16 Merit Appeals Board Minutes

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Merit Appeals Board January 16, 2025 MR. HONG: I have a lot of concerns. CHR. CABANAS: Okay, well, please proceed. MR. HONG: The first is, this was agendized and the Director and the Department of Corporation Counsel knew this issue was going to come up. If they wanted to amend the Order, they should have filed a motion to amend the Order and then stated its reasons in writing. Because we had aweMr. Turner and I are at a fundamental disadvantage. We don't have access to all these records, payroll, or anything else. All he's got is a paystub, right. So, for them to come today, this morning, and say all of this —how is it that we can actually refute it or challenge it, or question it? We don't have the information. So, I think that with respect to the present motion or their wanting to amend the Board's Order, they should have done that in writing —and they had more than ample time to do it. And they're providing you no reason or excuse why they waited till today to do this. Because these are highly technical issues. If she had concerns, we should have seen that in writing so what we can —Mr. Turner and I can talk and go, "Eh, what about this and what about that" but we're just sitting here and having it wash over us. The other thing, too, is with respect to ERS contributions that's apples and oranges. We have to figure out what's going to —what affects him now. If he wants to beef it with the contributions with ERS because, unfortunately, I practice in front of ERS a lot, too that's another issue entirely. So, that's another venue and forum. So, that shouldn't be holding up what should be happening here. And it seems to me that, again, this is being drawn out intentionally to put or disadvantage my client because my understanding is that my client's supervisor, Randy Riley, is now under some kind of a scrutiny by the present Administration and now to put Mr. Turner back on probation again, on a new probation, I can predict is what we're going to happen — SPEAKER: (Inaudible.) MR. HONG: —let me finish! Can I finish? CHR. CABANAS: Yes, please proceed Mr. Hong. MR. HONG: And so, one of the concerns I have is we put him on another probationary or a new probation, I can predict we'll be back in front of the Board on some kind of disciplinary action regarding my client. So, we submit that should —if the Corporation Counsel and the Director wanted to amend the Order, they should have done it in writing. And in terms of their objections, I think that —or concern, they shouldn't be considered for lack of timeliness and that barring —and they're not even sure that the $1,700.00 is accurate. Page 11