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<br />Merit Appeals Board July 18, 2025 <br /> <br /> <br /> <br />MR. HONG: As a mis-interpretation of the statute because what does the Labor Board have <br />jurisdiction over? Interpretation of Chapter 89 in the collective bargaining agreements, which <br />this case has nothing to do with. <br /> <br />So, if they want us to waste more time and more money—I get it. I get it. But that’s not a hoop <br />that we need to jump through, and we shouldn’t have to jump through. <br /> <br />MR. DISHER: The words “any controversy” seem to be clear. <br /> <br />MR. HONG: And he’s not reading to you from Chapter 89, which says what the limitations are <br />of the Hawai ʿ i Labor Relations Board. <br /> <br />CHR. CABANAS: Any other comments? <br /> <br />MR. DISHER: May I continue with my statement? <br /> <br />CHR. CABANAS: Yes, you may. Go ahead, Mr. Disher. <br /> <br />MR. DISHER: As I was saying, there’s basically a bait and switch because this appeal is not on <br />whether or not a qualification was done correctly, and that is the one and only reason why he did <br />not pass probation. <br /> <br />His complaint at Step 1 was, “I was discriminated against for age and disability—based on age <br />and disability.” And so, Mr. Waltjen, Prosecuting Attorney, made a decision regarding the <br />discrimination complaint. He did not make a finding, one way or the other, regarding the <br />qualification of the firearm qualification. <br /> <br />Again, when it went to the Mayor’s Office, Managing Director Sako, again—the complaint at <br />Step 2 was on age and disability discrimination. And she made her decision on age and <br />disability discrimination finding that there was none. She did not, again, one way or the other, <br />make a determination whether or not the qualification was done proper. <br /> <br />So, that is what is being appealed to the MAB. It was—if they’re saying now it’s just the <br />qualification, that was not decided at Step 1 and Step 2. So, that means they are now precluded <br />from that issue. They didn’t raise it when they should have at Step 1. <br /> <br />Now, also, he goes on that he’s not a trained lawyer. You don’t have to be a lawyer to appear <br />before the MAB. You don’t have to be a lawyer to advocate for someone before the MAB. And <br />as Mr. Hong well knows, it’s like it’s—he also has to pay for his attorney. It’s not a right to <br />attorney attaches to MAB proceedings. <br /> <br />So, that’s—and as a litigant, even if you’re pro se in the court, you would be expected to follow <br />the rules just as an attorney would. <br /> <br />Page 14 <br /> <br /> <br />