2014-10-15 Merit Appeals Board Minutes

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Merit Board of Appeals October 15, 2014 Ms. Noda replied that it would be the date of when the written decision was issued. If someone came in and said, "Well, I, didn't file within 20 calendar days because I was actually in the hospital for 60 days and nobody checked my mail"—there may be provisions by mutual agreement for the Board to allow continuances or extensions of time for extenuating circumstances, but she would need to review the Rules if it would apply to the filing of an appeal. Ms. Toriano commented that the departments are delegated the authority to write their own internal complaint procedure, so it makes sense that this language is used. When our Department's Rules gets updated and adopted, our intent is to take that authority away from all of the departments and come out with a single County -wide internal complaint procedure. This would probably be the same time that we're going to revisit this appeal form by changing the words "Department of Civil Service" to "Department of Human Resources." Chair Kuewa inquired whether decisions made at levels below this Board are oral or written decisions. Ms. Toriano replied that every department would need to render a written decision, but isn't sure whether it's mailed or hand -delivered personally. Normally, it's 20 days from the date of the decision from the Mayor's office. Ms. Noda wanted to clarify her answer concerning if there were extenuating circumstances that an appellant would have an extension of the 20 calendar day filing deadline. The language "shall be filed within twenty calendar days"—the word "shall" makes it mandatory. She doesn't know whether the Board actually has the authority to do that and will need to look into it further. Chair Kuewa asked if the Board has the authority to change the wording from "twenty days from a decision rendered" to "twenty days from the date the appellant received the decision." Ms. Rabago stated that she's in favor of leaving the language the way it is because there are people who will avoid service of receipt. Mr. Hermes confirmed Ms. Rabago's statement that we can't control when someone receives something, but we can control when we render a decision. It could almost be an indefinite process. Mr. Nahuina inquired whether the appeal's form is available on the internet or strictly from the department only. Mr. Toriano replied that the form is available on the internet Page 3