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Merit Appeals Board May 23, 2025 <br />CHR. CABANAS: Mr. Hong, your light is on. <br />MR. HONG: Just briefly. I will submit that based on Ms. Tavares' argument that the Board <br />amend its Rules and prohibit Corporation Counsel and their attorneys from appearing on behalf <br />of the department if the individual employee has to stand up and defend him or herself regarding <br />a department director's decision, then it should be the department director that comes —and the <br />County pays for that department director's time before the Board not pay for County attorneys <br />to represent them. <br />So, I submit that in terms of Ms. Tavares' argument —what's good for the goose is good for the <br />gander. If the County can pay your attorneys to appear and defend their decisions but then, <br />force the employee to pay for their attorneys to defend or actually challenge what happened to <br />themI submit that that's (inaudible) unfair that if you're going to adopt Ms. Tavares' <br />argument, then the Board should amend its Rules prohibit everybody from not having an <br />attorney. <br />CHR. CABANAS: Ms. Tavares, one more time —anything else? <br />MS. TAVARES: I have no comment. <br />CHR. CABANAS: Okay. Thank you very much. I want to thank both Mr. Hong and the <br />County for presenting their oral arguments. <br />The Board will now deliberate in executive session to consider the arguments and the facts that <br />have been presented. So, can I please have a motion and a second for the Board to go into <br />executive session? <br />MS. BOND: So moved. <br />MR. THOMAS: Excuse me —second. <br />CHR. CABANAS: Thank you. Any discussion? <br />MR. THOMAS: Is it customary for the Board to ask questions of the litigants based on their oral <br />argument? A rule one way or the other? <br />CHR. CABANAS: Well, you want to —Jim, Mr. Halvorson —Niel is asking if it's appropriate <br />for the Board to ask further questions of the Appellant and the Appellee at this time. We have a <br />motion and a second on the floor to go into executive session —but he's asking can we ask <br />further questions of the parties at this time. <br />MR. HALVORSON: I think that's up to the Chair, it's within your discretion. I don't think it's <br />appropriate for (inaudible) the litigants themselves questions, but they can ask the attorneys —but <br />that's up to —it rests within your discretion of the Chair. <br />Page 19 <br />