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Hilo, Hawaii <br />Tuesday, September 21, 2010 <br />HEARING — 10:30 A.M. — TODD ZEILLER — WERE ANY CIVIL SERVICE <br />LAWS, RULES, OR REGULATIONS VIOLATED IN THE APPELLANT'S <br />NONSELECTION TO A POSITION WITH THE PLANNING <br />DEPARTMENT? <br />Present: <br />Mr. G. Rick Robinson, Chair <br />Mr. Gary Yoshiyama, Member <br />Mr. Brian De Lima, Member <br />Mr. Kenneth M. Rowe, Member <br />Mr. Julian White, Deputy Attorney General <br />Ms. Yumi Nakamura, Clerk III <br />Ms. Velma Y. Menezes, Secretary- Reporter <br />Others Present: <br />Ms. Diane Noda, Deputy Corporation Counsel <br />Ms. Margaret Masunaga, Deputy Planning Director <br />Chair Robinson called the hearing to order at 10:45 a.m. and noted the <br />absence of the Appellant, who resides in Florida. <br />Ms. Noda orally moved to dismiss Mr. Todd Zeiller's appeal pursuant to <br />state law, HRS, Section 91- 10(5). The party initiating the proceeding, <br />Mr. Zeiller, has the burden of proof, including the burden of producing evidence <br />and the burden of persuasion, and the degree or quantum of proof. The burden <br />on Mr. Zeiller is that the proof shall be a preponderance of the evidence that the <br />Planning Department violated any civil service rule, law, or procedure. Since <br />Mr. Zeiller is not present and is not appearing to testify, nor has he produced <br />any documentation or evidence in support of his appeal, he has not met his <br />burden of proof or persuasion, or burden of evidence, and therefore the County <br />requests this appeal be dismissed. <br />7 <br />