2025-01-16 Merit Appeals Board Minutes

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Merit Appeals Board January 16, 2025 C) Communication No. 24-13: Received On July 25, 2024, From Appellant, Appealing The Following Action By The County Of Hawai`i's Office Of The Mayor: An Employment Action Taken Under Chapter 76, Hawai`i Revised Statutes; And Communication No. 24-13.01: Received On August 29, 2024, From Appellant, Transmitting Documents Entitled "Representation And Correspondence." The Appellant Requests The Following: 1) The Hearing Be Delayed Until The Appellant Can Obtain Proper Legal Counsel; And 2) Merit Appeals Board Chair, Gabriella Cabanas, Be Recused From Making Any Decisions Involving Appellants Appeal; And Communication No. 24-13.02: Received On August 29, 2024, From Appellee Regarding Appellee's Position Statement; Exhibits "A" — "H". Note: At The Merit Appeals Board (Board) Hearing Held On October 4, 2024, It Was Established That The Appellant Desired To Obtain Legal Counsel Before Proceeding On The Jurisdictional Issue. The Board Agreed And Requested The Appellant Provide An Update On The Status Of Obtaining Legal Counsel. The Appellant Provided An Update At Its Meeting Held On November 26, 2024, And Will Provide An Update At Its Meeting Scheduled For January 16, 2025 (A Future Hearing Date On The Jurisdictional Issue May Be Scheduled Conditional Upon Whether The Appellant Is Able To Obtain Legal Counsel) (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: Okay. So, the next communication covers —well, it's several communications —and this is actually a closed —continuation of a closed meeting covering Communication number 24-13, Communication number 24-13.01, and Communication number 24-13.02, as stated on the agenda for today. So, because it is a closed meeting, I'm going to kindly ask that individuals exit the Council Chambers and we will call you back into the room when we open our meeting. Thank you so much. (At this time, the individuals seated in the Council Chambers exited the room.) CHR. CABANAS: Mr. Halvorson and Mr. Enriquez, we're having a computer issue that might take ten minutes to resolve, so we are going to take a ten-minute recess and the staff from the Clerk's Office will have to exit you out from Zoom, and when we're ready, we will contact you to get back on Zoom. So, ten minutes. MR. HALVORSON: Understood. Thank you. Page 21