2025-07-18 Merit Appeals Board Agenda

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Hawaii County Dept. of Human Resources 07/11/2025 12:39:33 PM Merit Appeals Board July 18, 2025 1) Call to Order 2) Addendum to Agenda (Requires four votes and must comply with Hawaii Revised Statutes § 92-7(d)) 3) Statements from the Public on Agenda Items — Oral testimony may be presented to the Board either at the outset of this meeting or immediately prior to the applicable agenda item. 9:00 A.M. HEARING RE: COMMUNICATION NOS. 24-13 and 25-03 (and Related Communications) Note: The hearing concerns the preliminary issue or any other preliminary issue of whether the Board has jurisdiction to hear the appeal, under Section 76-14, Hawaii Revised Statutes. If it is determined that the Board has jurisdiction, an additional hearing will be scheduled concerning the merits of the appeal. 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 Mark D. Disher, Deputy Corporation Counsel, on behalf of Appellee, regarding Appellee's Position Statement; Exhibits "A" — "H"; and Communication No. 25-03, received on March 4, 2025, from Ted H. S. Hong, Esquire, re Notice of Appearance of Counsel for Appellant; and Communication No. 25-03.01, received on June 12, 2025, from Ted H. S. Hong, Esquire, on behalf of Appellant, regarding Appellant's Statement on the Merit Appeals Board's Jurisdiction; and Communication No. 25-03.02, received on June 27, 2025, from Mark D. Disher, Deputy Corporation Counsel, on behalf of Appellee, regarding Appellees' Response to Appellant's Statement on the Merit Appeals Board's Jurisdiction; Exhibits "I" — "L". 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