2025-09-26 Merit Appeal Board Minutes

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Merit Appeals Board September 26, 2025 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: Okay, continuing on—informational briefing update. So let’s take “A” first—that’s a lot of communications. Any comments from our attorneys? (At this time, Mr. Ted H. S. Hong, Esquire, Attorney at Law, Legal Counsel on behalf of Appellant Tony M. Enriquez; and Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel (already seated at the dais), came forward.) CHR. CABANAS: I’ll start with our Deputy Attorney General, Trisha. Do you have any comments? MS. GIBO: Thank you for reading through all of that documentation. It’s a lot of paper. I can just give you folks a brief summary on, basically, where we’re at with all of these things currently and if you guys have specific questions about certain documents, I can answer those. Ultimately, there was a status conference and hearing that was held earlier this week before the Hawaiʻi Labor Relations Board. The petitions for intervention by both the County and Mr. Enriquez were granted, so they are now part of the proceeding that is before the Labor Relations Board. And they have decided to set an Evidentiary Hearing on our petition for th declaratory ruling, which is to be set on Thursday, November 6 of this year, in Hilo. So, once I get more information about the specific, time, location—I will let the Board know. Mr. Hong attended as well as Mr. Disher from the Corporation Counsel’s Office. CHR. CABANAS: Is that something that, as Board members, we can attend? MS. GIBO: Yes, you can. And I believe Mr. Hong may be subpoenaing some of you as part of that process and I will give you, again, more update once I get more information. CHR. CABANAS: Okay. Well, that’s wonderful—but you’re going to subpoena us? But, yes, as the Chair I would appreciate being there. MS. GIBO: Yeah, so it’s relatively—the Order hasn’t been issued yet but that is the date that is currently set, Chair, so you can mark your calendars for that. It will be held in Hilo, so I will come over to you folks. CHR. CABANAS: Okay, wonderful. Okay. SPEAKER: (Inaudible.) Page 26