2014-05-21 Merit Appeals Board Minutes

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Merit Board of Appeals May 21, 2014 Ms. Noda further stated that one of the options for the Board to consider would be for the Department, prior to the actual hearing date, file a motion to dismiss the appeal because the Merit Appeals Board lacks jurisdiction. If that is the only motion considered and the Merit Appeals Board dismisses the appeal, the Appellant or the Department wouldn't need to prepare for the hearing. Mr. Nahuina stated that the fact that HGEA has decided to go forward with the grievance that the Merit Appeals Board wouldn't have jurisdiction. Ms. Rabago agreed and stated that's what she's hearing Ms. Noda say that the Board would need to formally ask for an opinion before the Board could discuss it further. Ms. Noda wondered whether Mr. Maeda's response to the Appellant on the Step 1 Grievance was included in the exhibit. Ms. Rabago replied that nothing was provided concerning the grievance, only the response to the internal complaint procedure from Mr. Maeda and another party. Ms. Noda believes that Mr. Maeda's response concerning the grievance was that the proper avenue was their internal complaint procedure, but didn't believe it was made part of the submissions. Ms. Rabago replied that she received the April 1, 2014 letter, and it outlined the procedures of the internal complaint process, but she doesn't see a specific statement saying that it's the correct process (SEE ATT. C, which is a part of the Appellant's submittal in Communication No. 14-01). Ms. Rabago suggested that in spite of Council Chair J Yoshimoto's Step 2 internal complaint decision (SEE ATT. D, which is a part of the Appellant's submittal in Communication No. 14-01), that the Board inquire with the Attorney General's Office for an opinion. Chair Kuewa asked Ms. Toriano and Mr. Hermes their opinion of what process Ms. Torres is in now, and what normally would be the next step. Ms. Toriano replied that she, too, questioned the jurisdiction for the Merit Appeals Board hearing this appeal. In an open recruitment, our past practice has been that an employee may file an appeal with the Merit Appeals Board, which has been entertained by the Board. There is a dual tract of addressing the same complaint and so it raises the serious question of the jurisdiction. Ms. Toriano informed the Board that they would be revisiting the internal complaint procedure. All of the County department's internal complaint Page 3