2014-05-21 Merit Appeals Board Minutes

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Merit Board of Appeals May 21, 2014 APPROVAL OF The Chair directed the Board to proceed to the next order of business, MINUTES (Item 4): Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Board to proceed to the next order of business, CATIONS Communications. Item 5): COMMUNICATION NO. 14-01, RECEIVED ON MAY 9, 2014, APPEALING A NON -SELECTION TO A POSITION WITHIN THE OFFICE OF THE COUNTY CLERK Chair Kuewa stated that the purpose today would be to schedule a hearing date concerning the appeal submitted by the Appellant, Ms. Torres. The Board has received another communication from Ms. Torres who is requesting that the Board delay or postpone scheduling her hearing, and asked Mr. Maeda for his thoughts on the request. (At this time, Mr. Stewart Maeda (or "Employer"), County Clerk, Office of the County Clerk, came forward.) Mr. Maeda replied that they're not opposed to delaying the hearing, but they would like to schedule it as soon as possible—hopefully, in August. Ms. Rabago asked for clarification as to whether the letter dated May 16, 2014 is the document numbered 14-01.1 (SEE ATT. A), which he's referring to or whether it's the e-mail from Ms. Torres because it does ask for a postponement (SEE ATT. B). Chair Kuewa replied that an e-mail was received this morning from Ms. Torres concerning the scheduling of the hearing (SEE PREY. ATT. B), and asked if the Members had an opportunity to review it. Ms. Noda stated that she believes that the Department's position is it's an open recruitment—open to anyone, anywhere, and any potential applicant in the nation. The proper avenue to appeal a non -selection for this position is through the Department's Internal Complaint Procedure, then to the Merit Appeals Board versus filing a HGEA bargaining unit grievance. If the Department's position was different, then its attorney, on behalf of the Department would file a motion to dismiss for lack of Merit Appeals Board jurisdiction. Page 2