2015-01-28 Merit Appeals Board Minutes

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Merit Board of Appeals January 28, 2015 The voice vote, was as follows: AYES: Board Members Nahuina, Otake, Rabago, and Chair Kuewa —4. NOES: None. ABSENT: None. EXCUSED: None. STATUS UPDATE: COMMUNICATION NO. 10-02.1 (2010), RECEIVED ON JANUARY 20, 2015, FROM ROBERT CRUDELE, ESQUIRE, CRUDELE & DE LIMA, ON BEHALF OF THEIR CLIENT, INFORMING THE BOARD THAT THEY ARE WITHDRAWING THEIR APPEAL CONCERNING AN EMPLOYMENT ACTION BY THE POLICE DEPARTMENT (REFERENCE: COMM 10-02) Chair Kuewa inquired whether any action is required by the Board. Ms. Noda explained that there was a Merit Appeals Board decision denying the appeal. The decision was appealed to the Circuit Court and they also filed a second lawsuit for wrongful termination. Because of some federal constitutional issues, it was removed to federal court. In the federal court, the appellant lost and appealed to the Ninth Circuit Court of Appeals, but they also ruled in the County's favor. After that decision, an agreement was made that included the withdrawal of their appeal. In the meantime, the Merit Appeals Board decision went up to Circuit Court and Judge Hara remanded it back for further Findings of Fact, Conclusions of Law for more details. She thinks it's still on the back burner because we're waiting to see what happens in the federal court case. This withdrawal then ends whatever is on the back burner. Ms. Noda further added that they left the remand from Circuit Court on the back burner. In case Mr. Crudele or the County wanted to place it on an agenda, then we would, but she prompted them and this is the reason why the withdrawal is finally before the Board. She informed the Board that no action is required by the Board. Chair Kuewa stated that to be clear in regards to Communication 10-02.1, no action is required by the Merit Appeals Board and their appeal is closed. Page 8