2025-09-26 Merit Appeal Board Minutes

Home

Merit Appeals Board September 26, 2025 So, in addition to this one, ERS Board—every agency appeal—it reaffirms what the standard is. MR. THOMAS: Okay. But no particular impact on the particular group of cases that we’re dealing with right here? MR. HONG: No, it just clarified the bar—the legal standard with respect to reviewing the—an administrative agencies contested case hearing decisions. What lens to put it in. The Supreme Court felt that the Circuit Court and the Intermediate Court, kind of, interposed or used their own judgement and over—decided to override the Merit Appeals Board’s decision based on the facts and the Supreme Court was clear in saying, “Look, that you as—when you’re doing a contested case hearing, you have that discretion to determine what the facts are and base their ruling—base your ruling on what the facts are now.” Obviously, where you’re making a Conclusion of Law— that’s another story—that’s up for appeal. MR. THOMAS: So, it’s a generic administrative agency Finding of Fact case—not necessarily the situation that has to do with Merit Appeals Board, specifically—for that it would be administrative agencies in general? MR. HONG: Yes. That’s my take on it. I mean, Ms. Gibo, Mr. Lee, Ms. Tavares can contribute—and if they see it differently, but that’s what I think the case says. MR. THOMAS: Thank you. CHR. CABANAS: Anything else? Thank you for the update, Trisha. So, we have November th 6 save the date. SPEAKER: (Inaudible.) CHR. CABANAS: Yes. Okay. So, do I have a motion to approve or—let’s see now, what’s the wording here—accept and file the communications that I just read—all of them. MS. BOND: So moved. CHR. CABANAS: And this is under “9A”—all the Communications listed under “9A.” Okay, there’s a motion on the floor. Is there a second? MR. AGUINALDO: I second. CHR. CABANAS: Okay, any discussion? If not, I’ll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Aguinaldo. Page 28