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Home My WebLink About2019-05-22 Merit Appeals Board Agenda Harry Kim Luahiwa Namahoe Mayor Chair William Chillingworth Vice-Chair County of Hawai‘i Merit Appeals Board Aupuni Center  101 Pauahi Street, Suite 2  Hilo, Hawai‘i 96720 (808) 961-8361  Fax (808) 961-8617 Agenda May 22, 2019 (Wednesday) 9:00 a.m. Puna Conference Room Hawai ʻ i County Building 25 Aupuni Street, First Floor, Room 1501 Hilo, HI 96720 1) Call to Order 2) Addendum to Agenda (requires four votes and must comply with Hawai‘i Revised Statutes § 92-7(d)) 3) Statements from the Public 4) Approval of Minutes None. 5) Communication(s) None. 6) New Business (for discussion and appropriate action) None. Mitch Tam, Member Hawai‘i County is an Equal Opportunity Provider and Employer. Merit Appeals Board May 22, 2019 7) Unfinished Business (for discussion and appropriate action) Hearings A) Communication No. 18-02, received on October 25, 2018, appealing an employment action (concerning discharge from the fire recruit process) by the Hawai ʻ i County Fire Department; and (The aforementioned Communication was listed on the Merit Appeals Board agenda dated December 19, 2018.) Communication No. 18-02.01, received on December 28, 2018, from County requesting a continuance of the hearing scheduled on February 21, 2019; and (Note: At its meeting held on December 19, 2018, the Board scheduled the hearing date re the above appeal for February 21, 2019. A request by the County for a continuance was granted, with no objection from the Appellant, and certified letters were mailed to the parties, dated January 23, 2019, informing them of this.) (The aforementioned Communication was listed on the Merit Appeals Board agenda dated February 21, 2019.) Communication No. 18-02.02, received on April 5, 2019, regarding County’s (Appellee) witness List; Certificate of Service; and Communication No. 18-02.03, received on April 23, 2019, regarding County’s (Appellee) Exhibit List; Exhibits “A” – “L”; Certificate of Service. ************ (New hearing, Communication No. 18-03, begins on the next page.) 2 Merit Appeals Board May 22, 2019 B) Communication No. 18-03, received on December 31, 2018, appealing an employment action (decision to not investigate an internal complaint filed with the Fire Department concerning the transfer to another fire station) by the Office of the Mayor; and Communication No. 18-03.01, received on January 2, 2019, from Appellant transmitting additional information concerning the internal complaint process; and Communication No. 18-03.02, received on January 2, 2019, from Appellant transmitting additional information concerning the internal complaint process. (The aforementioned Communications was listed on the Merit Appeals Board agenda dated February 21, 2019.) Communication No. 18-03.03, received on April 23, 2019, regarding County’s (Respondent) Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Darren J. Rosario; Exhibits “A” – “G”; Certificate of Service; and Communication No. 18-03.04, received on May 8, 2019, regarding Appellants Memorandum in Opposition of County’s (Respondent) Motion to Dismiss; and Communication No. 18-03.05, received on May 9, 2019, regarding County’s (Respondent) Reply in Support of its Motion to Dismiss for lack of Jurisdiction; Declaration of John S. Mukai; Exhibit “H”; Certificate of Service. ************ C) Communication No. 19-01, received on January 15, 2019, appealing an employment action (return of an internal complaint filed with the Fire Department concerning retaliation) by the Fire Department; and (The aforementioned Communication was listed on the Merit Appeals Board agenda dated February 21, 2019.) Communication No. 19-01.01, received on April 23, 2019, regarding County’s (Respondent) Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Darren J. Rosario; Exhibits “A” – “G”; Certificate of Service; and (Communication No. 19-01.02 continues on the next page.) 3 Merit Appeals Board May 22, 2019 Communication No. 19-01.02, received on May 8, 2019, regarding Appellants Memorandum in Opposition of County’s (Respondent) Motion to Dismiss; and Communication No. 19-01.03, received on May 9, 2019, regarding County’s (Respondent) Reply in Support of its Motion to Dismiss for Lack of Jurisdiction; Declaration of John S. Mukai; Exhibit “H”; Certificate of Service. ************ D) Communication No. 19-02, received on February 8, 2019, appealing an employment action (return of an internal complaint filed with the Fire Department concerning retaliation) by the Fire Department (The aforementioned Communication was listed on the Merit Appeals Board agenda dated February 21, 2019.) Communication No. 19-02.01, received on April 23, 2019, regarding County’s (Respondent) Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Darren J. Rosario; Exhibits “A” – “H”; Certificate of Service; and Communication No. 19-02.02, received on May 8, 2019, regarding Appellants Memorandum in Opposition of County’s (Respondent) Motion to Dismiss; and Communication No. 19-02.03, received in May 9, 2019, regarding County’s (Respondent) Reply in Support of its Motion to Dismiss for Lack of Jurisdiction; Declaration of John S. Mukai; Exhibit “I”; Certificate of Service. 8) Schedule Next Meeting Date 9) Adjournment If you need an auxiliary aid/service or other accommodation due to a disability, please contact Glynis Yamada at 808-961-8361 or by e-mail at Glynis.Yamada@hawaiicounty.gov as soon as possible, preferably by May 20, 2019. If a response is received after May 20, 2019, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. 4 Merit Appeals Board May 22, 2019 Board Packet. Pursuant to Hawai ʻ i Revised Statutes Section 92-7.5, the board packet provided to members of this board for this meeting is available for public inspection during regular business hours at 101 Pauahi Street, Suite 2, Hilo, Hawai ʻ i 96720. If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist \[Article 15, Section 2-91.3(b), Hawai‘i County Code\]. A lobbyist means “any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials.” \[Article 15, Section 2-91.3 (a)(6), Hawai‘i County Code\] Registration forms and expenditure report documents are available at the Office of the County Clerk- Council, 25 Aupuni Street, Hilo, Hawai‘i 96720. 5