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Merit Appeals Board
<br />May 23, 2025
<br />CHR. CABANAS: So, let's take the —Mr. Turmer's appeal. Mr. Hong and Mr. Turner —and
<br />for the County, Mr. Justin Lee.
<br />(At this time, Mr. Lyndon P. K. Turner, Construction Equipment Repair Supervisor II,
<br />Public Works Department, and Mr. Ted H. S. Hong, Legal Counsel for Mr. Turner; and
<br />Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel, came
<br />forward.)
<br />CHR. CABANAS: Okay. So, we're back in business —Mr. Hong, and —good to see you,
<br />Mr. Turnersorry, this is kind of taking long to get addressed —and, Mr. Lee, nice to see you
<br />again.
<br />So, I'm going to allow both parties —Mr. Hong and Mr. Lee to make statements at this time.
<br />So, we'll start with Mr. Hong, since your light is on. Okay. So, at this time we are in open
<br />session, okay —and our attorney is Mr. James Halvorson from the Deputy —from the Attorney
<br />General's Office.
<br />There is a motion by the Appellant for the award of attorney's fees and cost, and the Appellee's
<br />memorandum in opposition to Appellant's motion for the award of the attorney's fees and cost.
<br />So, the Board will now hear oral arguments on this motion. You have your light on, Mr. Hong,
<br />but I think I need to procedurally allow the County to make the oral argument first. So, Mr. Lee,
<br />you may proceed.
<br />MR. LEE: Well, I guess, shouldn't —it's Mr. Hong's motion so
<br />CHR. CABANAS: Oh, okay.
<br />MR. LEE: Yeah, I was expecting they go first (inaudible)
<br />CHR. CABANAS: Okay. So, I was right. Okay. Let me just change this that's on the minutes,
<br />okay not minutes but my outline.
<br />Okay, Mr. HongI was correct. Okay, so go ahead, Mr. Hong, and present your oral argument.
<br />MR. HONG: Good morning, Madam Chair, Members of the Merit Appeals Board. My name is
<br />Ted Hong and seated to my left is Mr. Turner.
<br />CHR. CABANAS: Could you speak a little louder and into the mic., for the record, Ted.
<br />MR. HONG: Sure. So, I wanted to make two points this morning. First, in terms of the
<br />American Rule cited by Mr. Lee, doesn't apply to administrative hearings. And he hasn't shown
<br />any authority that would suggest that the American Rule that litigant's pay for their own cost, in
<br />an administrative hearing —applies. So, that's the first point.
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