2010-06-15 Merit Appeals Board Minutes

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S. Ignacio, appealing Mr. Ignacio's termination as a probationary Police Officer from the Hawaii County Police Department. The Board scheduled Mr. Ignacio's appeal hearing for July 20, 2010, at 10:00 a.m. Mr. De Lima noted for the record that he will recuse himself from the appeal hearing. His participation at today's meeting was to ensure that the hearing be scheduled, as there would not be a quorum without him. There were no objections to Mr. De Lima participating in the scheduling of the date for the appeal hearing. Chair Robinson noted that Mr. Silva is also recusing himself from the hearing, as he is related to the appellant. Therefore, only Chair Robinson, Vice Chair Yoshiyama, and Mr. Rowe remain to hear the appeal. It was noted that Ms. Menezes received the email from Mr. Silva notifying parties of his recusal. B) Motion to Dismiss the appeal filed on behalf of Terence S. Ignacio due to a jurisdictional issue, filed by Brandon Gonzalez, Deputy Corporation Counsel, County of Hawaii. Chair Robinson stated that at the appeal hearing (scheduled for July 20, 2010 at 10:00 a.m.), the Board will hear the motion to dismiss. The Board will go ahead and hear the merits of the appeal depending on the action it takes on the motion. Mr. Gonzalez stated that his preference would be to have an evidentiary hearing scheduled later; however, he's flexible to having it all in one day. Ms. Noda informed Mr. De Lima that the Kona jury trial in August, that he is involved in, will be with Deputy Prosecuting Attorney Joyce Seelen, one of the witnesses in the Botelho appeal. Mr. De Lima responded that it does not bother him; he has no personal stake in the matter. C) Stipulation to Advance Hearing Date in the Matter of the Appeal of Teri Botelho, Appellant. Ms. Menezes noted that the Chair had signed the stipulation to advance the hearing date of the Botelho appeal to August 2, 2010, with a continuation date of August 16, 2010 for the remaining witnesses to testify. oil