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<br />Merit Appeals Board July 18, 2025
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<br />RECONVENE: The meeting reconvened at 10:26 a.m. in open session.
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<br />9:00 A.M. HEARING: COMMUNICATION NOS. 24-13 And 25-03 (And Related
<br />Communications). Note: The Hearing Concerns The Preliminary Issue Or Any Other
<br />Preliminary Issue Of Whether The Board Has Jurisdiction To Hear The Appeal, Under
<br />Section 76-14, Hawaiʻi Revised Statutes. If It Is Determined That The Board Has
<br />Jurisdiction, An Additional Hearing Will Be Scheduled Concerning The Merits Of The
<br />Appeal.
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<br />Communication No. 24-13, Received On July 25, 2024, From Appellant, Appealing The
<br />Following Action By The County Of Hawaiʻi’s Office Of The Mayor: An Employment
<br />Action Taken Under Chapter 76, Hawaiʻi Revised Statutes; And
<br />Communication No. 24-13.01, Received On August 29, 2024, From Appellant, Transmitting
<br />Documents Entitled “Representation And Correspondence.” The Appellant Requests The
<br />Following: 1) The Hearing Be Delayed Until The Appellant Can Obtain Proper Legal
<br />Counsel; And 2) Merit Appeals Board Chair, Gabriella Cabanas, Be Recused From
<br />Making Any Decisions Involving Appellants Appeal; And
<br />Communication No. 24-13.02, Received On August 29, 2024, From Mark D. Disher, Deputy
<br />Corporation Counsel, On Behalf Of Appellee, Regarding Appellee’s Position Statement;
<br />Exhibits “A” – “H”; And
<br />Communication No. 25-03, Received On March 4, 2025, From Ted H. S. Hong, Esquire, Re
<br />Notice Of Appearance Of Counsel For Appellant; And
<br />Communication No. 25-03.01, Received On June 12, 2025, From Ted H. S. Hong, Esquire,
<br />On Behalf Of Appellant, Regarding Appellant’s Statement On The Merit Appeals Board’s
<br />Jurisdiction; And
<br />Communication No. 25-03.02, Received On June 27, 2025, From Mark D. Disher, Deputy
<br />Corporation Counsel, On Behalf Of Appellee, Regarding Appellees’ Response To
<br />Appellant’s Statement On The Merit Appeals Board’s Jurisdiction; Exhibits “I” – “L”.
<br />(Executive Session: The Merit Appeals Board Anticipates Convening One Or More
<br />Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4,
<br />92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer Or Employee Of The
<br />County Of Hawaiʻi, Where The Consideration Of Matters Affecting Privacy Will Be
<br />Involved And Consulting With The Board’s Attorney On Questions And Issues Pertaining
<br />To The Board’s Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Of The
<br />Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive
<br />Meeting
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<br />CHR. CABANAS: Okay, thank you all for waiting. We are now in open session at 10:26 a.m.
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<br />So, we had a lengthy discussion in executive session. And so, may I have a motion in
<br />accordance with what we discussed in executive session.
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<br />MS. BOND: I move that the discussion was that we—the matter be turned over to the Hawai ʿ i
<br />Labor Relations Board for jurisdictional determination.
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