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HomeMy WebLinkAbout2019-02-21 Merit Appeals Board Minutes Merit Appeals Board Department of Human Resources 101 Pauahi Street, Suite 102 Hilo, Hawai`i February 21, 2019 (Thursday) Call to Order(Item 1) The regular meeting of the Merit Appeals Board, County of Hawai`i, was called to order at 9:00 a.m. by Chair David Nahuina, at the Department of Human Resources (HR) Conference Room, 101 Pauahi Street, Suite 2, Hilo, Hawai`i, on Thursday, February 21, 2019. Roll Call—Present Mr. David Nahuina, Chair Mr. William Chillingworth, Vice-Chair Ms. Luahiwa Namahoe, Member Mr. Mitch Tam, Member Also Present Mr. J Yoshimoto, Deputy Corporation Counsel, Ofc. of the Corp. Counsel Mr. William V. Brilhante, Jr., Director, HR Department(came in later) Ms. Glynis Yamada, Secretary-Reporter, HR Department Mr. John Mukai, Deputy Corporation Counsel Mr. Bran (and Mrs. Roxanne) Keopuhiwa, Appellant Merit Appeals Board February 21, 2019 CHR. NAHUINA: Good morning, everybody. It is February 21St, 2019, 9 o'clock—I'd like to call the Merit Appeals Board meeting to order. Addendum to the Agenda (Item 2) CHR. NAHUINA: There are no addendums to the agenda. Statements from the Public (Item 3) CHR. NAHUINA: Are there any statements from the public at this time? Approval of Minutes: None (Item 4) CHR. NAHUINA: Approval of minutes—we have none today. We'll take that matter up at the next meeting. I'd like to ask if we could take up as our first order of business the Justin Walpole matter—since we received that first and we granted a continuance to the County, I thought we should take this matter first and set a date for that. How does the Board feel about that? MS. NAMAHOE: We're talking about Communication 18-02? CHR. NAHUINA: We're talking about—yes-18-02 and 18-01 (sic.). MS. NAMAHOE: Okay. CHR. NAHUINA: Will that be all right? Mr. Chillingworth? MR. CHILLINGWORTH: Yes. CHR. NAHUINA: Mr. Tam? MR. TAM: Yes. Communication No. 18-02, received on October 25,2018, appealing an employment action (concerning discharge from the fire recruit process) by the Hawaii County Fire Department; and Communication No. 18-02.01, received on December 28,2018, from County requesting a continuance of the hearing scheduled on February 21,2019. 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. (Board Action Required: Setting a New Hearing Date.) Page 2 Merit Appeals Board February 21, 2019 CHR. NAHUINA: Thank you. So, looking at the "Unfinished Business" Communication Number 18-02 and Communication 18-02.1, the County did ask for a continuance. It was granted. So, we need just set a new hearing date on that. MR. MUKAI: Mr. Chair and Members of the Board—John Mukai, Deputy Corporation Counsel, on behalf of the Hawai`i Fire Department—Hawai`i County Fire Department. We would ask that we schedule the hearing, based upon my discussions with chief, for May 22 or May 15. I don't know which Wednesday the Board will be meeting. MS. NAMAHOE: May 22"d is fine with me—May 15th—not. MR. MUKAI: He's not available— MS. NAMAHOE: Not available on the 15th, but I am available on the 22"d, the 29th— MR. MUKAI: The chief will not be available on the 29th MS. NAMAHOE: Okay. 22nd is fine with me. MS. YAMADA: I have to check on the meeting location. The Council Room is taken, they have a budget hearing that day. So, I need to secure another location. So, let me see if the ACCR— CHR. NAHUINA: Thank you. Are you available on the 22"d? MR. CHILLINGWORTH: I am. Thank you. MR. TAM: Yes. CHR. NAHUINA: Okay. We'll take a look at that then. Hopefully, the room right next door is available. MS. NAMAHOE: What do we call that room? What's the name of that room? MR. YOSHIMOTO: You usually call it ACCR. MR. MUKAI: ACCR. MS. NAMAHOE: ACCR. CHR. NAHUINA: The room next door. MR. YOSHIMOTO: Aupuni Center Conference Room. Page 3 Merit Appeals Board February 21, 2019 MS. NAMAHOE: Okay, thank you. MR. KEOPUHIWA: The old Firestone. MR. YOSHIMOTO: Oh, Firestone. MS. NAMAHOE: Yeah, mahalo. MR. KEOPUHIWA: That's the easiest— CHR. NAHUINA: Is it really? MR. CHILLINGWORTH: Good morning, Mr. Brilhante. MR. BRILHANTE: Hello, good morning. MR. KEOPUHIWA: Do you guys always try and set dates for Wednesdays—is that why those dates were—today is just an abnormality? MR. TAM: Yes MS. NAMAHOE: Yeah. CHR. NAHUINA: Yes. And I apologize—are you Justin? MR. KEOPUHIWA: I'm Bran Keopuhiwa. CHR. NAHUINA: Oh, okay, Brian—okay, thank you. MR. KEOPUHIWA: Bran—there's no "i." CHR. NAHUINA: Bran, thank you. We try, but we do—we are flexible, if there's a need to have it on another date. So— MS. NAMAHOE: Yeah. CHR. NAHUINA: Thank you, Glynis. MS. YAMADA: It looks like the Puna Conference Room will be available on the 22nd of May. MS. NAMAHOE: Puna Conference Room is— MS. YAMADA: It's at the County Building across of the Council Room, there's a conference room there. Page 4 Merit Appeals Board February 21, 2019 MS. NAMAHOE: Got it. Okay. MR. TAM: That's where we had the interviews? MR. CHILLINGWORTH: Where we had the interviews? MS. YAMADA: Yeah. Correct. MS. NAMAHOE: That works. MR. YOSHIMOTO: What time do we start? CHR. NAHUINA: 9 o'clock. We had originally set this one for 9 o'clock—trying to give adequate time. So, let's do 9 o'clock again. For the record, the case—the appeal, excuse me—regarding Justin Walpole, Communication Number 18-02 and 18-02.01—the meeting will be scheduled in the Puna Conference Room on May 22"d, 2019, at 9 a.m. in the morning. Thank you. Communication(s) (Item 5) 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. (Board Action Required: Setting a Hearing Date and Deadline for Submittal of Documents.) 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. (Board Action Required: Setting a Hearing Date and Deadline for Submittal of Documents.) 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. (Board Action Required: Setting a Hearing Date and Deadline for Submittal of Documents.) CHR. NAHUINA: When we turn to the next agenda item—it's Number 5. So, the matter, Communication 18-03, Communication 18-03.01, 18-03.2 and Communications 19-01, Communication 19-02—the matter of Bran Keopuhiwa. We're looking at setting a hearing date—and John? Page 5 Merit Appeals Board February 21, 2019 MR. MUKAI: Yes. John Mukai, Deputy Corporation Counsel, on behalf of the Hawai`i County Fire Department. Before I say anything, I would note that personnel matters by their very nature are confidential. So, I would—I'm uncomfortable and will not waive that confidentiality to the extent that there are members of the public in this room. And so, I—before I say anything further, I would ask that or consider that request. MS. YAMADA: Just for information, Mr. Bran Keopuhiwa and his wife, Roxanne, are here. CHR. NAHUINA: Okay. And so, the request is that we ask for members of the public to be— MR. MUKAI: To not— CHR. NAHUINA: Not be in the— MR. MUKAI: Yes, based on what I will talk about in Mr. Keopuhiwa's case. CHR. NAHUINA: Okay, I think I'd agree. (Inaudible) motion on that? MR. YOSHIMOTO: You can have a motion and discussion on that request, if you want—if there is a motion. CHR. NAHUINA: Okay. Do I hear a motion to excuse the public from this part of the meeting? MR. YOSHIMOTO: And we should also ask Mr. Keopuhiwa—his position as far as—right, `cause you— MR. KEOPUHIWA: I don't really understand what's going on. MR. YOSHIMOTO: Yeah. MR. KEOPUHIWA: I thought we was just setting a date—now that sounds like we're having discussion about the case. MR. MUKAI: There are things that I will say, I would rather not have the public here. MALE: So, that means we should leave, right? MR. YOSHIMOTO: Hold on one second, yeah. MR. KEOPUHIWA: As a member of the public, are you asking for me to leave as well? MR. MUKAI: Oh, no, no, no, you're all right. CHR. NAHUINA: No, no, no, you're all right. Page 6 Merit Appeals Board February 21, 2019 MR. YOSHIMOTO: So, let's just note for the record, right, that—can I call you"Bran?" MR. KEOPUHIWA: Yes. MR. YOSHIMOTO: Thank you. So, Bran, my understanding is, on your appeal you requested an open hearing— MR. KEOPUHIWA: Yes. MR. YOSHIMOTO: Correct? Okay. So, what the County is stating is that they're requesting that it be held in exec—closed hearing. CHR. NAHUINA: Closed hearing. MR. YOSHIMOTO: Yeah, closed hearing, right. So, I just wanted to make sure you have input as far as what you want—before the Board discusses and decides what to do. MR. KEOPUHIWA: So, why would you want it to be closed? MR. MUKAI: There are personnel matters. MR. KEOPUHIWA: But it concerns my personnel file and I requested an open— MR. MUKAI: Potentially, but it could also include other persons within your department. So, to the extent that happens. MR. KEOPUHIWA: I'd still prefer it to be an open hearing. MR. YOSHIMOTO: Okay, that's great. So, Mr. Chair, what I would recommend is that we go into executive session, we can talk about it further, and then we can call everybody back. CHR. NAHUINA: Okay. MR. TAM: So, I make a motion that we go into executive session. MS. NAMAHOE: Second. CHR. NAHUINA: It has been moved and seconded that we go into executive session. All those in favor say "aye?" All those opposed. AYES: Board Members Chillingworth,Namahoe, Tam, and Chair Nahuina—4. NOES: None. ABSENT: None EXCUSED: None. Page 7 Merit Appeals Board April 21, 2019 CHR. NAHUINA: Same sign. MR. KEOPUHIWA: So, I'll just wait outside? MALE: Yeah. MR. TAM: Thank you. CHR. NAHUINA: We'll go into executive session. RECESS: The Chair called for a recess at 9:17 a.m. to convene executive session. RECONVENE: The open session reconvened at 9:54 a.m. CHR. NAHUINA: Thank you, everybody, for giving us that brief time. In discussion, taking into account Mr. Mukai's request for a closed hearing and Bran's request for an open hearing— we're going to look at the Sunshine law here and feel that that prevails. So, we're going to have an open meeting, at this time, and decided to go to our agenda—the agenda here is it set a hearing date. So, if we could set a hearing date for this—and let's do it after John's Walpole's—so after the May 22nd time. I know that's far off in the future. Is there any discussion on that because it is a time far off. MR. MUKAI: Mr. Chair? CHR. NAHUINA: Yes, John. MR. MUKAI: John Mukai, on behalf of the Hawai`i County Fire Department. Chief Rosario will be out completely during the month of June and is available July 17, 24, 31 for hearing. CHR. NAHUINA: Okay. MR. MUKAI: And then, I will be filing a motion to dismiss the claims in their entirety. So, I don't know what the Board's—whatever the Board's feeling is—whether you want to entertain a motion on the day of the hearing or(inaudible)that's fine. MR. KEOPUHIWA: My feeling is, the sooner the better. I mean, I've been dealing with this since 2015, so, like, you're telling me June or July—that seems like a long way away when, you know—it's still February. So, I mean, I'll take whatever you guys give me but— MR. MUKAI: My motion is based on the fact that this matter is being pursued currently under the collective bargaining agreement. Page 8 Merit Appeals Board February 21, 2019 CHR. NAHUINA: Can we set it—to date, one—to entertain his motion and then if that is denied, then we have a court—I mean, a hearing date already set? MR. YOSHIMOTO: Yeah, you can do both. CHR. NAHUINA: Okay. MR. YOSHIMOTO: Okay? CHR. NAHUINA: So— MR. MUKAI: I can be available in June— CHR. NAHUINA: In June. MR. MUKAI: It's just the chief was—would not have been available. CHR. NAHUINA: Okay. MR. YOSHIMOTO: So, Glynis went to go check for July dates for the hearing room. CHR. NAHUINA: Okay. MR. YOSHIMOTO: But the June date is a— MR. MUKAI: Is okay. Yes. MR. YOSHIMOTO: (Inaudible.) CHR. NAHUINA: Is there a reason why we would want to set that after the May date? I mean, we could do it— MR. TAM: It's just a motion, right? CHR. NAHUINA: Right. MR. TAM: It's going to be a motion to dismiss, so— MR. MUKAI: I can file it—we file it (inaudible). MR. TAM: We could possibly do it in April—March/April. MR. MUKAI: I have a problem with March and April. MR. TAM: Okay. Page 9 Merit Appeals Board February 21, 2019 MR. MUKAI: So, I apologize. MR. TAM: No worries. MR. MUKAI: But May 29 is fine. Oh, I'm sorry, May 22"d is fine. CHR. NAHUINA: We agendize that— MS. NAMAHOE: At the May 22"d— CHR. NAHUINA: At the May 22"d— MR. YOSHIMOTO: Oh, I see. CHR. NAHUINA: —at the May 22"d meeting—that would be good. MALE: For the motion? CHR. NAHUINA: For the motion. MR. KEOPUHIWA: Okay. CHR. NAHUINA: All right. And can we ask you to submit a brief on that or any written— MR. MUKAI: Yes. CHR. NAHUINA: —say, maybe, 30 days from now? MR. YOSHIMOTO: The issue was to the open or closed— MR. MUKAI: No, no, no. Just my motion to dismiss. MR. YOSHIMOTO: Oh, okay. CHR. NAHUINA: Oh, motion to dismiss. MR. MUKAI: Three weeks before then? CHR. NAHUINA: Three weeks prior to—that's enough time to— MR. YOSHIMOTO: So, Bran can see it, and then respond to it. MR. KEOPUHIWA: I'll get a copy of that? Page 10 Merit Appeals Board February 21, 2019 MR. YOSHIMOTO: Yes. CHR. NAHUINA: Yes. MR. KEOPUHIWA: And so, that same day, I can argue against it? CHR. NAHUINA: Yes, you can. So, three weeks prior to the May 22nd date, he will provide his written documents—and then, you'll get a copy of it. MR. KEOPUHIWA: Okay. CHR. NAHUINA: And that way, when we meet on May 22nd to address that motion, you'll be prepared to respond. MR. KEOPUHIWA: Yeah, I guess so. MR. YOSHIMOTO: That's May 1st yeah? MR. KEOPUHIWA: That's fine. CHR. NAHUINA: May 1st will be the deadline. MS. NAMAHOE: Again,just to bring Glynis into this—go ahead, on the 22nd if you could just— CHR. NAHUINA: On the 22nd we're going to address Mr. Mukai's motion to dismiss; and on May 1St is the deadline for submittal of documents; and then, we are also going to set a hearing date for July and then that will be determined if we need it or not. MS. YAMADA: Okay. I reserved the Council Room on July 17th—it was available on that day. CHR. NAHUINA: Okay. MR. YOSHIMOTO: July 17th MR. MUKAI: Where—which—Puna Conference Room— MS. YAMADA: At the Council Chambers. MR. MUKAI: Okay. MR. KEOPUHIWA: That's the tentative date, if the motion gets dismissed? MS. NAMAHOE: If the motion is— Page 11 Merit Appeals Board February 21, 2019 CHR. NAHUINA: Yes— MR. TAM: Denied. CHR. NAHUINA: —is denied. MR. BRILHANTE: Maybe you could add a date where Bran's response to the motion to be due by just so that, for Glynis—we don't get it, like, the day before and have to scramble and do— CHR. NAHUINA: Yes. MR. BRILHANTE: —make all the copies and everything. If we can—if we made it, maybe, the 22nd—the 15th, that would give us a week to get— MS. YAMADA: Two weeks would be more ideal. MALE: Two weeks. MS. NAMAHOE: So, July 1st MR. BRILHANTE: A reply to the County's motion to dismiss. MR. TAM: So, I'm wondering if we should move the County's— CHR. NAHUINA: April. Yes, we could—would John— MR. MUKAI: Yeah. CHR. NAHUINA: Mr. Mukai—I apologize—would it be possible for you to submit documents, say, in April? MR. MUKAI: Sure. CHR. NAHUINA: The later part of April? MR. MUKAI: Sure. CHR. NAHUINA: Okay. MR. MUKAI: One month out, Mr. Chair? CHR. NAHUINA: Yeah. MR. MUKAI: It's fine. Page 12 Merit Appeals Board February 21, 2019 CHR. NAHUINA: That is fine? MR. MUKAI: Yeah. And then, I would also like a chance to file a reply and I—I'll do it—I will file it a week prior to May 22nd CHR. NAHUINA: Is that enough time for you, though, if his reply is within a week? MS. YAMADA: Yeah, it should be sufficient. CHR. NAHUINA: Okay. MS. NAMAHOE: Okay. So, this is what I'm hearing— CHR. NAHUINA: That's why I want to make sure we understand. MS. NAMAHOE: Is April 1St, if you could provide us the brief. MALE: April 24th— MS. NAMAHOE: April 24. And then, Mr. Keopuhiwa would provide us a reply no later than May— MALE: 8. MS. NAMAHOE: -8th to which Mr. Mukai would provide a response/rebuttal no later than May— MALE: 15. MS. NAMAHOE: —15tH MR. MUKAI: Yeah, that's fine. MS. NAMAHOE: All right. MS. YAMADA: Can you repeat it one more time, please? MS. NAMAHOE: May 24th—April 24th— MS. YAMADA: The brief. MS. NAMAHOE: By Mr. Mukai. And then, reply by Mr. Keopuhiwa by May 8th, and then rebuttal/response by Mr. Mukai, May 15. CHR. NAHUINA: 15. Page 13 Merit Appeals Board February 21, 2019 MS. YAMADA: Okay, thank you. MS. NAMAHOE: For the hearing on the 22nd MALE: Perfect. MS. NAMAHOE: And then, also, secure the date of July 17— CHR. NAHUINA: 17tH MS. NAMAHOE: At the County Council Chambers— MR. TAM: For a tentative hearing. CHR. NAHUINA: For a tentative hearing. MS. NAMAHOE: —for a tentative hearing, should—okay. CHR. NAHUINA: And we'll start—let's start that at 9 o'clock. MR. MUKAI: Okay. MS. YAMADA: So, we're doing Mr. Walpole's at 9 as well? CHR. NAHUINA: Yes, I think so—both of them at 9 o'clock. MR. MUKAI: Okay, thank you. MR. TAM: Thank you. MS. NAMAHOE: Thank you. CHR. NAHUINA: Thank you. Bran— MR. KEOPUHIWA: Yes. CHR. NAHUINA: Do you understand everything? MR. KEOPUHIWA: Yeah, yeah, I think so. CHR. NAHUINA: It's a lot being thrown at you. So— MR. KEOPUHIWA: No, no, it's a pretty safe (inaudible). He wants to throw it out, so he's going to try that on the twenty—of April. Page 14 Merit Appeals Board February 21, 2019 CHR. NAHUINA: 22"d MR. KEOPUHIWA: He'll submit one to me in April—right—yeah, for the hearing on the 22"d CHR. NAHUINA: Yes. MR. KEOPUHIWA: So then, I have, basically, two weeks to reply to you guys or to him—I'm not sure about that. CHR. NAHUINA: Both. MR. KEOPUHIWA: Okay. And then, he's going reply to my reply. MR. BRILHANTE: Yours is called a"response." MR. KEOPUHIWA: Okay. MR. BRILHANTE: So, it's going to be a response to his motion to dismiss. And then he'll file a reply— MR. KEOPUHIWA: Okay. MR. BRILHANTE: —to your response. MR. KEOPUHIWA: And then, we meet here? MR. BRILHANTE: I'll turn to the judge for further guidance. MR. KEOPUHIWA: Puna Conference Room. MS. YAMADA: And all this will be summarized in a letter to (inaudible). MR. KEOPUHIWA: All right, I appreciate your help, Glynis. CHR. NAHUINA: Yes, she is awesome. MR. KEOPUHIWA: Yes. CHR. NAHUINA: And so, we did not set a deadline for submittal of documents for July 17th hearing also. MR. TAM: We can do that at the— MR. CHILLINGWORTH: On the 22"d. Page 15 Merit Appeals Board February 21, 2019 CHR. NAHUINA: On the 22nd. Okay, can you make sure that that's in the agenda? MS. YAMADA: Sure. CHR. NAHUINA: Thank you. MR. KEOPUHIWA: That's it? Anything else? MR. CHILLINGWORTH: Thank you. MR. KEOPUHIWA: Thank you. I appreciate you guys help. CHR. NAHUINA: Thank you very much. MR. KEOPUHIWA: Thank you, Glynis. MS. YAMADA: Thank you. MS. KEOPUHIWA: Thank you very much. CHR. NAHUINA: Thank you. MR. TAM: So, we got to do Walpole? Communication No. 18-02, received on October 25,2018, appealing an employment action (concerning discharge from the fire recruit process) by the Hawaii County Fire Department; and Communication No. 18-02.01, received on December 28,2018, from County requesting a continuance of the hearing scheduled on February 21,2019. (Board Action Required: Setting a New Hearing Date.) 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 CHR. NAHUINA: I'm going to ask that we, again, take our agenda out of order and return back to the Justin Walpole issue, and set a deadline for submittal of documents for that. Since we did move it back all the way to May 22nd, we can give both parties additional time if they want to submit anything. MR. YOSHIMOTO: Three weeks CHR. NAHUINA: Three weeks. Page 16 Merit Appeals Board February 21, 2019 MR. YOSHIMOTO: Yeah, `cause Glynis needs time. CHR. NAHUINA: Yeah, prior to the 22nd. So— MS. YAMADA: Thank you. CHR. NAHUINA: Absolutely. So, April 24th we'll set as the deadline for submittal of documents for the Walpole appeal. Okay. And, we get to go on to a—New Business. New Business (for discussion and appropriate action) (Item 6) Election of Merit Appeals Board Chair and Vice-Chair for Calendar Year 2019. CHR. NAHUINA: Say it with a smile, this time. We got a election of the Merit Appeals Board Chair and the Vice-Chair for calendar Year 2019. MR. TAM: I nominate David. CHR. NAHUINA: Well, thank you, I appreciate that. Unfortunately— MALE: No second? CHR. NAHUINA: —my term is expiring here and the holdover for three months. I think—I want to thank everybody. I've enjoyed this very much. It's been very humbling—very eye- opening. And, Glynis, you're amazing. But-- MR. CHILLINGWORTH: Well, before we get off the subject—David, you've done an excellent job. So— CHR. NAHUINA: Thank you. MR. CHILLINGWORTH: —we want to thank you for the services you have provided. CHR. NAHUINA: Thank you. I appreciate that. And, you know, Mr. Chillingworth, it was—I was so humbled by your presence. And so, when you asked me—or you suggested that I take the Chair—thank you. I really appreciate that. MR. CHILLINGWORTH: Thank you. CHR. NAHUINA: And I think we have such amazing members here. I think we really have an opportunity here to tap into multiple talents and multiple perspectives and to embrace that. And so, I look at some of our members here that have been here longer, I'd like to ask for discussion. Page 17 Merit Appeals Board February 21, 2019 MR. TAM: Well, seeing that Mr. Chillingworth is already Vice. MR. CHILLINGWORTH: Vice-Chair— MR. TAM: Usually, when you're Vice-Chair, the next step is Chair—ordinarily. MS. NAMAHOE: Not noun—adjective. MR. TAM: So, I would love to follow Mr. Chillingworth's leadership and guidance and experience into the next fiscal year—followed by Ms.—because I'll be gone before you will. So— CHR. NAHUINA: And I agree. I had a thought as I was going home that very—that day that you elected me as the Chair. And I thought—Mr. Chillingworth has occupied this chair for so long and you're good at that—very comfortable with it. But you made a life that was what you did for so long. Maybe it was time for—to be the vice-chairperson—to give advice, to be able— and you know what? And I looked (inaudible)—you're an amazing woman. You're, I think, you would have the assistance of Mr. Chillingworth and— MS. NAMAHOE: I have—I appreciate the discussion and we are very small pool. There's only three of us left after you leave. CHR. NAHUINA: Yes. MS. NAMAHOE: "Us" honorable chairperson. I am happy to support the Merit Appeals Board in any capacity. I admit that that gavel looks intimidating. And then, but the idea of the capacity of Vice serving next to Judge Chillingworth would make me more comfortable—and you're glaring at me, so— MR. TAM: What a great acceptance speech, by the way. MS. NAMAHOE: Stop, very lightly. There's much to learn. There's much to learn and—but I also understand we started at the same time—we started the Fall of 2016—and wound up in the newspaper, in fact. Mahalo to our—at the time—the mayoral-elect. MR. TAM: It was transition. MS. NAMAHOE: The mayoral-elect and his lovely letter to the editor. And I was like—it's either you or me he's writing about. MR. TAM: It wasn't me. No one knows me. MS. NAMAHOE: Nobody knows me either. Okay, so anyway—however we make this seamless, I'm always happy to support that effort. Page 18 Merit Appeals Board February 21, 2019 MR. TAM: Thank you. So, I think we have our say, I make a motion that— CHR. NAHUINA: Mr. Chillingworth, do you have some input? His eyebrows are beginning to (inaudible). MR. CHILLINGWORTH: The only comments that I would make is that I'm a junior member here, so I'm happy to be vice-chair if— MR. TAM: And he can still guide you and-- MS. NAMAHOE: I'd be happy to be chair. MR. CHILLINGWORTH: Perfect. CHR. NAHUINA: Amazing. MS. NAMAHOE: Excuse me. MR. TAM: So, I make a motion that Luahiwa Namahoe be our chairperson; and we'll have Chillingworth be our vice-chair for the next fiscal—or next year. MR. CHILLINGWORTH: Second. CHR. NAHUINA: It has been moved and seconded Ms.Namahoe will be our Chair and Mr. Chillingworth our Vice-Chair. All those in favor say, "aye." All those opposed. AYES: Board Members Chillingworth,Namahoe, Tam, and Chair Nahuina–4. NOES: None. ABSENT: None EXCUSED: None. MS. NAMAHOE: Mahalo nui. CHR. NAHUINA: The motion passes unanimously. Thank you. MS. NAMAHOE: Whether she likes it or not. Mahalo nui. CHR. NAHUINA: You will be amazing. MS. NAMAHOE: Just under—I mean, the comment about the intimidation of it is—Mitch, have you ever worked for the government? Have you ever been a EUTF, ERS employee? MR. TAM: No. Page 19 Merit Appeals Board February 21, 2019 MS. NAMAHOE: You never worked for the County nor the State? MR. TAM: Well, yeah, I did for the State. It was more of a temporary, but I was—yeah. MS. NAMAHOE: So, I never have. And that under pins my nervousness because the government is a six-legged giraffe with wings. It operates—it doesn't necessarily oblige to the laws that I am most familiar with in the private sector. CHR. NAHUINA: (Inaudible) resources, he is amazing. MR. TAM: We have great resources. MS. NAMAHOE: We have two attorneys. CHR. NAHUINA: That's right. Yes. MR. TAM: We'll be fine. CHR. NAHUINA: Thank you. Unfinished Business (for discussion and appropriate action): None (Item 7) Communication No. 18-02, received on October 25,2018, appealing an employment action (concerning discharge from the fire recruit process) by the Hawaii County Fire Department; and Communication No. 18-02.01, received on December 28, 2018, from County requesting a continuance of the hearing scheduled on February 21,2019. . (Board Action Required: Setting a New Hearing Date.) 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 (Previously taken out of order.) Schedule Next Meeting Date (Item 8) CHR. NAHUINA: We do have our next meeting to set. I know we have the one in May set; however, do we have probably other business that we need to address? MS. NAMAHOE: Internal HR business? CHR. NAHUINA: Probably HR business would be my guess. Page 20 Merit Appeals Board February 21,2019 MR. TAM: Okay. We have HR business—set a meeting in March? MS. YAMADA: Usually, we have the evaluation coming up and we meet in April. It could be March since we have the hearing in April. It's up to you folks. CHR. NAHUINA: No, well, actually, the hearing is in May. So, we could do it in April. Give you more time to prepare and get ready for us. MR. BRILHANTE: Yeah, I think that's more than doable. MS. NAMAHOE: March 20th is best for me to come. MALE: We're (inaudible) April. MS. NAMAHOE: That's what I said. CHR. NAHUINA: We're saying we're going to skip March to April. MS. NAMAHOE: April 17th works great. What about you, Sir? CHR. NAHUINA: There's a Finance Committee meeting that day. MR. TAM: I'm good on the 17tH MR. BRILHANTE: My only concern is we have budget—we're scheduled for budget meetings—hearings at the county council that day. The budget hearings are on the 16th, 17th, and 18th—I believe our department is scheduled for the 17th, right after lunch. MS. NAMAHOE: How about April 24th then—let you get that out of the way and then you can add more to the report? MR. CHILLINGWORTH: Yeah, you can. MR. BRILHANTE: That works well for me. MR. NAHUINA: Already making great, great insight. So, April 24th, we can—and I was going to start by apologizing `cause we did have this meeting set for 9 o'clock because we thought we'd have a hearing, so that's why it was earlier in the morning. I know you have to (inaudible), get up, and get out of there by seven. So—what works best for you since we don't have a hearing that date? What kind of time— MS. NAMAHOE: 10 o'clock. MR. CHILLINGWORTH: 9 o'clock is good because what I found this morning was that all of the 8 o'clock traffic one-way operations that were going to start—it started at 8 o'clock—and I Page 21 Merit Appeals Board February 21, 2019 was past them by the time they were starting in. So, I only had one problem area on the way in. So, let's do it at nine—that way I'll avoid the— MS. YAMADA: Mitch comes in from Kona, too. MR. TAM: I'm fine with that. I'm fine. I do run appointments in Kea'au sometimes at 7 a.m. so—yeah, it's not a problem. CHR. NAHUINA: All right, Mitch. MR. TAM: I'm very flexible. CHR. NAHUINA: Okay. MS. YAMADA: Over here? CHR. NAHUINA: Yeah, over here at 9 o'clock on April 24th. Thank you very much, everybody. MR. CHILLINGWORTH: Thank you, David. Adjournment(Item 9) CHR. NAHUINA: Thank you. Is there anything else. It is 10:10 and the Merit Appeals Board on February 21st, 2019 is adjourned. Respectfully submitted, 1140,6i:4004) Glynis Yamada, Secretary-Reporter APPROVED: David K. S. Nahuina, Chair Merit Appeals Board Page 22