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2025-07-18 Merit Appeals Board Minutes
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2025-07-18 Merit Appeals Board Minutes
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<br />Merit Appeals Board July 18, 2025 <br /> <br /> <br /> <br />MR. THOMAS: Oh, okay. <br /> <br />CHR. CABANAS: Do you still want it in a closed session, Mr. Hong and Mr. Enriquez? <br /> <br />(At this time, Mr. Ted H. S. Hong, Esquire, Counsel for the Appellant, and Mr. Tony M. <br />Enriquez, Appellant; and Mr. Mark Disher, Deputy Corporation Counsel, Office of the <br />Corporation Counsel, came forward.) <br /> <br />MR. HONG: Good morning, Madam Chair— <br /> <br />CHR. CABANAS: Good morning. <br /> <br />MR. HONG: — and members of the Board. In speaking to my client during the recess, we’ll <br />waive the closed hearing and request that this be an open hearing. <br /> <br />CHR. CABANAS: Okay. So, for the record, Mr. Hong has indicated that his Appel—that his <br />client, Mr. Tony Enriquez, has chosen an open hearing. <br /> <br />So, at this point, I’d like to again, formally introduce the Board members and our Legal Counsel <br />for the hearing. So, I’m Gabriella M. Cabanas, Chair; to my immediate left is Suzi Bond, <br />Vice-Chair; to my far left, is Mr. Gilbert Aguinaldo; to my far right is Mr. Niel Thomas; and our <br />attorneys for the appeal hearing are appearing via Zoom from O ʿ ahu, and they are Ms. Trisha <br />Gibo and Mr. James Halvorson. Also, representing the County in this matter is Mr. Mark <br />Disher—we have Mr. Ted Hong present—Appellant Mr. Tony Enqriquez. And Sommer <br />Tokihiro seated in the back, because it is an open hearing, and our Deputy Corporation Counsel <br />Ms. Keyra Wong seated in the back; and we have our Secretary-Reporter, Ms. Glynis Yamada. <br /> <br />This hearing is on the appeal filed by Mr. Tony M. Enriquez. The issue in this case has been <br />identified as, did the Employer, the Office of the Mayor of the County of Hawai ʿ i, violate any <br />statutes, regulations, rules, or personnel policies regarding the following action: Employment <br />action taken under Chapter 76, HRS. If the answer to the above is “yes” then what remedy can <br />be awarded by the Merit Appeals Board. <br /> <br />This hearing concerns the preliminary issue of whether the Board has jurisdiction to hear this <br />appeal. If it is determined that the Board has jurisdiction to hear the appeal, a hearing date, time, <br />location, and deadlines for submissions of documents will be scheduled concerning the merits of <br />this appeal. <br /> <br />The Board will now hear oral arguments on this motion. Mr. Hong, you may go first. <br /> <br />MR. HONG: Thank you. Madam Chair and members of the Board, good morning, again. My <br />name is Ted Hong on behalf of Mr. Enriquez, the Appellant. <br /> <br />Seventy six-14 basically says that—actually, explicitly says that the Board must interpret its <br />jurisdiction liberally. What that means in this particular case is you have to go beyond the <br />Page 10 <br /> <br /> <br />
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