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Merit Appeals Board January 16, 2025 <br />CHR. CABANAS: "...will have completed his new probationary period." <br />MS. TOKIHIRO: You actually don't I think it's probably clearer if the Board doesn't address <br />probation because if he's returned to the position as of March 16', he would have passed <br />probation by default within, like, by May or June lst <br />So, if the Board doesn't address it, there's no possibility of an adverse action or him having to <br />serve a new probation. <br />CHR. CABANAS: As long as we're clear with that, because I don't want it to come back and <br />say, "Oh, you know, our motion didn't..." <br />MS. TOKIHIRO: No. <br />CHR. CABANAS: Yeah. <br />MS. TOKIHIRO: No. <br />CHR. CABANAS: Yeah, I want to be really clear about that, `cause we're going back and forth, <br />and Mr. Turner has been waiting here, patiently, and spending a lot of money having an <br />attorney —and I don't like to see that when —at the —for an employee. We need to be <br />prepared —even the dollar amount. Why couldn't you come up with a dollar amount as a <br />possible scenario —if you're thinking you're coming here to the Board saying, "Okay, I'm going <br />to suggest that he be returned to his posi to the position March 16, 2024"couldn't you have <br />some sort of scenario dollar -wise? Couldn't you folks figure it out? Instead of us going back <br />and forth on all of this? <br />MS. TOKIHIRO: So, when the department received the Order and was attempting to do the <br />calculation because of the confusion about how to apply it, they didn't start doing that <br />calculation because the dates made that difficult. So, if he was being returned as of December <br />15, then they would go back to March 16'h and calculate the difference between the TA and the <br />salary, but it's not necessarily a simple calculation and <br />CHR. CABANAS: But, if you're coming here proposing he be returned to the date that he got <br />promoted, which is March 16, 2024, that's one scenario. You could have come up with another <br />scenario using the December date you know what I mean? It's present to the Board and the <br />attorneys several scenarios. I mean, is that, kind of, like you can't do it? <br />MS. LEIALOHA: So, as a general —in regards to compensation, once he is returned or <br />reinstated to the Construction Equipment Repair Supervisor II position <br />CHR. CABANAS: Mm-hmm. <br />MS. LEIALOHA: the pay will be the difference between what he was paid <br />Page 15 <br />