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Merit Appeals Board May 23, 2025 <br />not occurred. And that money doesn't come from the litigation account for Corporation Counsel <br />because I actually used to be there at the Corporation Counsel's Office. It comes from that <br />department —that department's salary and wages account. <br />So, the suggestion that we're suing the County and that's why they're showing up, that's <br />erroneous. We're challenging the department director's decision. And, also, in terms of <br />precedent, again, if this is a "make whole" remedy, if that's the whole purpose of doing this in <br />terms of any employee coming to you, up to challenge these decisions then why should he be <br />put —or she be put into a negative position, basically negative (inaudible) or something like <br />that —where they're actually put into a worse position. <br />And then, finally, in terms of hiring counselI understand that this is a double-edged sword, but <br />that's part of why you guys get the big money, right, in terms of being on the Board is —sure, if <br />we're going to come in —we're going to make a motion to —for fees and costs, you can make a <br />decision because it's within your discretion. And if the County wanted to come in and make a <br />motion for fees and costs, there's nothing to prohibit that. I understand that. And I understand <br />that that's one of the consequences of you guys ruling today. But we're still asking for that to <br />for my clients to be made whole. <br />MR. THOMAS: Thank you. I appreciate both of you speaking to this issue. It's not an easy one <br />I can tell. <br />MR. LEE: Sorry, Madam Chair, I <br />CHR. CABANAS: Mr. Lee, you wanted but before you do, I just want to make one statement <br />to clarify what you said. We are not paid. We are volunteers. <br />MR. HONG: That wasn't my attempt to (inaudible). <br />CHR. CABANAS: We are civic -minded individuals. <br />MR. HONG: I understand that and I appreciate that. <br />CHR. CABANAS: Okay. So, okay —Mr. Lee, please present your concerns. <br />MR. LEE: I thought that this be applied equally to the Turner appeal. So, I just wanted to <br />address Member Thomas' question also. I mean, as far as <br />CHR. CABANAS: Can you speak into the mic.? <br />MR. LEE: Thank you. <br />CHR. CABANAS: Thank you. <br />MR. LEE: (Inaudible.) <br />Page 22 <br />