2015-03-18 Merit Appeals Board Minutes

Home

Merit Appeals Board March 18, 2015 UNFINISHED The Chair directed the Board to proceed to the next order of business, BUSINESS (Item 7): Unfinished Business. COMMUNICATION NO. 15-01.1: COPY OF LETTER FROM MERIT APPEALS BOARD CHAIR JUBILEE N. KUEWA, DATED FEBRUARY 9, 2015, TO COUNSELS CONCERNING COMMUNICATION NOS. 15-01 THROUGH 15-14, RECEIVED ON DECEMBER 22, 2014, APPEALING AN EMPLOYMENT ACTION (CONCERNING COMPENSATION AND BENEFITS) BY THE FIRE DEPARTMENT. THE LETTER ADDRESSES THE FOLLOWING ISSUES: 1) CONSOLIDATION OF THE CASES; 2) SETTING DEADLINES FOR THE FILING OF PREHEARING MOTIONS, MEMORANDUMS IN OPPOSITION, AND REPLY MEMORANDUMS; AND 3) DEADLINES FOR THE FILING OF PREHEARING STATEMENTS TO INCLUDE ADDRESSING THE STATE LAWS THAT ARE APPLICABLE OR RELEVANT TO THE CASE, WITNESS LISTS, AND EXHIBIT LISTS. (NOTE: THIS MATTER IS ON THE AGENDA TO CONSIDER SCHEDULING A SPECIAL MEETING, IF ANY PRE - HEARING MOTIONS ARE FILED BY MARCH 25,2015.); AND BOARD APPROVAL REQUIRED: COMMUNICATION NO. 15-01.2, RECEIVED ON MARCH 9, 2015, FROM COUNSELS SUBMITTING FOR THE BOARD'S APPROVAL, A SIGNED "STIPULATION AND ORDER TO CONTINUE HEARING" IN THE MATTER OF THE APPEAL CONTAINED IN COMMUNICATION NO. 15-11, CURRENTLY SCHEDULED ON APRIL 15 AND 16, 2015, TO THE BOARD'S NEXT SCHEDULED MEETING OR SUCH LATER DATE AND TIME AS MAY BE DETERMINED BY THE CHAIR Chair Kuewa stated that in discussions with Mr. White, pre -hearing motions are likely to happen. It would be a very tight timeframe prior to the April 15 hearing. The Board may be receiving the counsel's response as late as April 9. The April 15 hearing may be continued to another date in order for the Board to fully consider and rule upon the motions from the counsels on that day. Chair Kuewa stated that Communication No. 15-01.2 concerns a stipulation where the Board needs to make a decision whether to allow it or not. Ms. Rabago commented that these cases were consolidated and it's her understanding that one of the Appellant's, Mr. Paul Paiva, wants to separate himself out from the consolidation. As far as she's concerned, the consolidated cases are going to move forward whether Mr. Paiva is present or not, but she could be wrong. Chair Kuewa stated that both parties are agreeable to the consolidation of the 14 appeals. It is the Employers position that all 14 appellants are required to attend the hearings. However, Mr. Paiva would be absent from the hearings due to a trip, which he must attend. This is the reason why they're asking for the stipulation. Given the recent events whereby the hearing may be continued to a later date, this Page 3