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Merit Appeals Board <br />January 16, 2025 <br />return to the former position —we don't have them serve the remainder of the probation period, <br />they would have to serve a new probation. So, we don't have a way to credit the time for <br />probation served in —previously. <br />So, it's like if you're completing a new probationary period and for whatever reason you don't <br />complete it, if you later return to that position, you serve a new probationary period again. In <br />this instance <br />CHR. CABANAS: Ms. Tokihiro, what date —what dateI don't have it right in front of me but <br />what date are we looking at as a return date? Was it a November date? <br />MS. TOKIHIRO: So, the Order says that he was to be returned <br />CHR. CABANAS: No. In your proposal now? <br />MS. TOKIHIRO: My proposal would be that my action would be overturned as if it had never <br />occurred— <br />CHR. CABANAS: Right. <br />MS. TOKIHIRO: —and so, as of March 16'h he would be returned to the Construction <br />Equipment Repair Supervisor II position. <br />CHR. CABANAS: March 16, 2024? <br />MS. TOKIHIRO: Correct. So, for our employees that are in a position, unless they're notified <br />in writing before the end of the probationary period, that the probation is going to be extended <br />for some reason, they pass probation by default, after six months. <br />So, if the Board's intent —well, I'm just saying that the language regarding completion of the <br />probation period is also problematic and we don't have an authority to apply that and have him <br />serve just the remaining two months of the probationary period but, again, with the proposed <br />action, if we're returning him to the position as of March 16'h that probation would have been <br />completed by default at the end of the probation period. <br />In Mr. Turner's case, he has been performing in that position on TA for the entire duration, so I <br />don't know if the Board may be comfortable with stepping away from the language regarding <br />probation as part of the Order. <br />CHR. CABANAS: Yeah. If I recall, we don't have the meeting minutes finalized yet —but if I <br />recallI think it was just a question in our mind as to whether he would serve a difference to <br />make up the six months. That was just a question. It was not a decision by the Board. <br />MS. TOKIHIRO: Okay. So, I just wanted to <br />Page 9 <br />