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Merit Appeals Board March 13, 2025
<br />B) Communication No. 25-02, Received February 18, 2025, From Deputy Attorney
<br />General James E. Halvorson, Transmitting The "Finding Of Fact And Conclusions Of
<br />Law; Decision And Order," Concerning The Appeal Hearings Held On January 16 And
<br />January 30, 2025, Regarding Communication No. 24-14, Received On September 12, 2024,
<br />From Appellant, Appealing The Following Action By The Fire Department: Recruitment
<br />And Examination (Board Action Required: Approval Of The Finding Of Fact And
<br />Conclusions Of Law; Decision And Order); and
<br />Communication No. 25-02.01, Received On February 20, 2025, From Ted H. S. Hong,
<br />Esquire, On Behalf Of Appellant, Requesting This Matter Be Delayed Until His Arrival At
<br />The Meeting — Exhibit "l" (Due To A Scheduling Conflict) (Note: The Communications
<br />Listed Above Were Postponed To Its Next Meeting Scheduled For March 13, 2025); and
<br />Communication No. 25-02.02, Received On March 5, 2025, From Deputy Attorney General
<br />James E. Halvorson, Transmitting A Revised "Finding Of Fact, Conclusions Of Law, And
<br />Order." The Revisions Were Discussed And Approved At The Merit Appeals Board
<br />Meeting Held On February 25, 2025 (Board Action Required: Approval Of The Revised
<br />Finding Of Fact, Conclusions Of Law, And Order) (Executive Session: The Merit Appeals
<br />Board Anticipates Convening One Or More Executive Meetings Regarding The Above
<br />Matters, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of
<br />Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration
<br />Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney
<br />On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges,
<br />Immunities, And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS
<br />Section 92-4 Is Necessary To Hold An Executive Meeting
<br />CHR. CABANAS: We are now back in open session at 10:41 a.m. The Merit Appeals Board
<br />had a long discussion in our executive session, and so I would like to entertain a motion, as we
<br />discussed, on the actual remedy or Order
<br />MR. THOMAS: Do we first need to move out of executive session?
<br />CHR. CABANAS: We did.
<br />MR. THOMAS: We did that —okay.
<br />CHR. CABANAS: We did. Yeah, we did thank you, though, for checking. So, may I have a
<br />motion to address what we discussed in the executive session and the revised remedy listed
<br />under number —Roman 3, Order —on page 3. Oh, I'm sorry —page 4. Page 4 of the remedy —of
<br />the Order.
<br />MS. BOND: Okay. I move that we accept the Finding of Fact, Conclusion of Law, and Order,
<br />with the change made to page 4-the find the first paragraph that says instead, if they ae the
<br />new selectee, comma, their new probationary period shall be effective the date of their
<br />promotion."
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