2025-04-22 Merit Appeals Board Minutes

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Merit Appeals Board April 22, 2025 Communication No. 25-04: Received On March 13, 2025, From Appellant, Appealing The Following Action By The County Of Hawai`i's Environmental Management Department And Office Of The Mayor: Employment Action Taken Under Chapter 76, Hawai`i Revised Statutes. Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents (At this time, Mr. Demetri Lametti, Deputy Corporation Counsel, Office of the Corporation Counsel; and Mr. Ikaika Kailiawa-Smith, Appellant, came forward.) CHR. CABANAS: Thank you for coming forward, Mr. Demetri Lametti, and Appellant, Mr. Ikaika Kailiawa-Smith. Do you have any comments to provide to the Merit Appeals Board? Mr. Lametti. MR. LAMETTL Thank you, Board and Chair —and good morning. We have an opportunity to —we've received the Appellant's appeal. We've had an opportunity to evaluate it. From my view, it does present some issues as to whether this Board has jurisdiction and, potentially, some other issues related to whether or not the Board should consider dismissing the appeal. So, my request to the Board would be that it set either a hearing or some sort of process to determine whether or not the Board does have jurisdiction or should otherwise dismiss the case or narrow the issues —whether that's a motion hearing or just another hearing. And my request would be, if possible, to do that before we hear the case on the merits because there will be significant amount of time and effort to put in a presentation of witnesses, preparing them, preparing the evidence —which may not be necessary, if the Board doesn't have jurisdiction or finds another reason to dismiss the case. So, that'll be my request for the Board. CHR. CABANAS: Okay, thank you, Mr. Lametti. Mr. Kailiawa-Smith, do you have any —and just talk into the mic. MR. KAILIAWA-SMITH: Yes, ma'am. My question would be, if they had no —if I had no merit in this case, then why did the County tell me to submit this information to you folks, if you guys have no jurisdiction in the case? This is the last step, that's why it went to you guys —so you guys should have jurisdiction. And I would also like to be able to present evidence before you guys go to that meeting, so that way, you guys can review all of the evidence because, in the past, the County has set meetings, not reviewed any of the evidence I've given them, and then made decisions without my evidence —and consistently blocked hearing the issues that I've had at hand. I wouldn't be bringing this case if I didn't think that I couldn't win. I wouldn't be wasting the taxpayers time bringing up all of these evidence. I would just I lost my job. It is what it is. Page 7