Laserfiche WebLink
Merit Board of Appeals May 22, 2013 <br /> that two former MAB Chairs instructed them to change the Rules to <br /> make it clear whether it was appealable or not. <br /> Ms.Noda informed the Board that during the appeal hearing,the <br /> department would normally file a motion to dismiss for lack of <br /> jurisdiction by this Board, saying that the highest level for a <br /> probationary employee would be the supervisor,the department <br /> head, and the employer, but not MAB. MAB would normally deny <br /> that department's motion. <br /> Mr. Takahashi informed the Board that the State had it in their rules <br /> that it's appealable. He thought that it's the State's rules, and that <br /> there was a distinction with the County, so we adopted the rule <br /> changes to make it clear. <br /> Ms.Noda further clarified that the State MAB hears all State <br /> probationary employee appeals and that they have it in their State <br /> Administrative Rules. <br /> Chapter 6, Internal Complaint Procedures: Complaints relating to <br /> recruitment and examination were expanded to include those actions taken <br /> against an employee who has failed to meet HRS 76-27 (probationary <br /> service and other requirements for membership in the civil service). This <br /> was also expanded to include complaints involving discrimination and <br /> harassment, which violates the County's Anti-Discriminatory/Harassment <br /> Policy. <br /> Chapter 6-4 requires that employees serving an initial probation <br /> demonstrate their fitness and ability for their current positions by meeting <br /> all performance requirements for their positions. This may be problematic <br /> in how we can operationally do this as"fitness" and"ability" sounds broad. <br /> We're looking at this as a continuation of the selection process and it's <br /> covered under"recruitment." <br /> At this time, Ms. Toriano asked if there were any questions, concerns, or <br /> comments. <br /> Ms. Rabago inquired about"Definitions/Transfer" in regards to the salary schedule <br /> located on Pages 1 through 9. She asked if they're trying to implement or <br /> incorporate this language of the 95 percent or the five percent rule to make it <br /> clearer. <br /> Mr. Takahashi replied that the intent was to define "transfer"especially when <br /> changing schedules. He further clarified that it's not a demotion or a promotion, <br /> but a transfer when the compensations are of equal value, and said that the general <br /> Page 5 <br />