2025-05-23 Merit Appeals Board Minutes

Home

Merit Appeals Board May 23, 2025 You're being asked to superimpose that body of law and rules in the context of these administrative hearings that's what the County's asking you to do. MR. THOMAS: Okay. CHR. CABANAS: Ms. Tavares. MS. TAVARES: Quite frankly, the County's position is that's exactly what Mr. Hong is asking this Board to do and based on the fact that there is no precedent because this Board does not have jurisdiction to order such —should be pretty clear. He's asking this Board to start making a precedent that it has not done in the past —at least all the research that I have done, as well as my colleague has done. The administrative process there is no procedure because it is not specifically set forth in a statute or a rule that provides this Board the jurisdiction to do what he's asking to do. MR. THOMAS: Well, then, while your light is on —or you can put it back on —can you speak to the question of alleged fundamental imbalance of power here where the County gets to hire lawyers and, as this is formulated, not allow the employees to hire counsel without cost to them? MS. TAVARES: Essentially, the County's being sued that's the reality of what it is. And I have not been around long enough when all these rules and statutes were formulated as to the principle as to why it's not specifically permitted. If it was in the Rules, we'd have no opposition and we'd not be here making that argument. But, essentially, as Mr. Hong wants to compare apples and oranges you can't have it both ways. You can't say that an Appellant is permitted attorney's fees and costs, when they win but, if the County is successful"Oh, well, good job" you don't get to recuperate the cost of defending whatever action it is that is being challenged. And that's, essentially, what he's asking this Board to do. Not only create a precedent but, ultimately, do it in such a one-sided fashion that only a prevailing Appellant is going to be able to —should they have elected to hire counsel —would be entitled to that added cost. And, perhaps, that's something that should be discussed with the client at the beginning but, ultimately, there is no basis or precedent for it and that's the only reason for our opposition. MR. THOMAS: I know what you'll say, Mr. Hong, but go ahead. MR. HONG: The County's actually not being sued. We're challenging the department director or the decision of someone within that particular department. What are the remedies that would apply? You can't give general damages, special damages, punitive damages(inaudible) that would be available to us in the circuit court. You're only being asked to give, basically, back wages, "make whole" remedy in terms of putting the employee back in the same position that he or she would have been had this decision Page 21