2025-06-24 Merit Appeals Board Minutes

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Merit Appeals Board June 24, 2025 9:00 A.M.: HEARING RE COMMUNICATION NO. 25-04 (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, Hawaiʻi 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. 25-04, Received On March 13, 2025, From Appellant, Appealing The Following Action By The County Of Hawaiʻi’s Environmental Management Department And Office Of The Mayor: Employment Action Taken Under Chapter 76, Hawaiʻi Revised Statutes; And Communication No. 25-04.01, Received On May 19, 2025, From Appellant, Regarding Appellant’s Position Statement (Exhibits “1” – “6”; And Communication No. 25-04.02, Received On May 20, 2025, From Appellee, Regarding Appellees’ Position Statement; Declaration Of Counsel Demetri G. Lametti; Exhibits “A” – “K”; And Communication No. 25-04.03, Received On June 3, 2025, From Appellee, Regarding Appellees’ Memorandum In Response To Appellant’s Position Statement Dated May 16, 2025. (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 Hawaiʻi, 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 Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting.) CHR. CABANAS: If not, our 9 a.m. hearing regarding Communication number 25-04— actually, was scheduled for this morning, but the Board recognizes and accepted Mr. Kailiawa-Smith’s withdrawal of his appeal. I do want to note that the hearing concerned the preliminary issue—or any other preliminary issue of whether the Board has jurisdiction to hear the appeal under section 76-14 of the Hawaiʻi Revised Statutes. And if it was determined that the Board had jurisdiction, an additional hearing would have been scheduled concerning the merits of the appeal. For the record, I just want to note what the Communication numbers were that we received— Communication number 25-04, Communication number 25-04.01, Communication number 25-04.02, Communication number 25-04.03. Do I—and also, as I had mentioned that we had added to the agenda, Communication number 25-04.04. So, at this time, may I have a motion to accept and file all these communications that I just read? MS. BOND: So moved. MR. THOMAS: Second. Page 5