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Home My WebLink About2020-12-16 Merit Appeals Board AgendaHawaii County Dept. of Human Resources 12/09/2020 08:26:18 AM Mitchell D. Roth 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 December 16, 2020 (Wednesday) 10:00 a.m. Hilo Council Chambers Hawaiʻi County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, HI 96720 As part of the response to the threat of COVID-19, Governor David Ige issued a Sixteenth Proclamation Related to the COVID-19 Emergency dated November 23, 2020, suspending Hawaiʻi Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location. This meeting will be held through a combination of some board members being physically present at the meeting location and some members participating by interactive video conference through ZOOM. Only persons that are present for the particular item on the agenda will be allowed in the meeting room. Each person will be required to wear a face mask and maintain six feet physical distance from any other person as required by law. The public may view the meeting live via Zoom. To sign up for access to the meeting via Zoom, please contact Glynis Yamada at Glynis.Yamada@hawaiicounty.gov or 808-961-8361 no later than 12 noon, Tuesday, December 15, 2020. Anyone wishing to testify orally via Zoom must sign up by 12 noon, Tuesday, December 15, 2020 by contacting Glynis Yamada. The Board has taken these public health safety precautions in order to minimize physical contact and maximize physical distancing. Submitting Written Testimony: The Board encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Board Members prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to Glynis.Yamada@hawaiicounty.gov, (2) facsimile to (808) 961-8617, or (3) mail to the Merit Appeals Board at 101 Pauahi Street, Suite 2, Hilo, Hawaiʻi 96720-4224. All written testimony, regardless of time of receipt, will be part of the permanent record. Bella Hughes, Mel Ventura, Members Hawai‘i County is an Equal Opportunity Provider and Employer. Merit Appeals Board December 16, 2020 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: Testifiers will be required to wear a protective mask that covers their mouth and nose, physically distance themselves from others, and sanitize their hands prior to entering the meeting site. 4) Approval of Minutes o September 30, 2020 5) Communication(s) Communication No. 20-02, received on October 23, 2020, appealing an employment action (filing a Notice of Disciplinary Action Reprimand for failure to comply with document and information requests based on discrimination, harassment, and retaliation purposes) by the Hawaiʻi County Public Works Department. Board Action Required: Setting a hearing date and deadlines for submittal of documents 10:00 A.M. HEARING RE COMMUNICATION 20-01 Communication No. 20-01, received on July 24, 2020, from Appellant, appealing a recruitment and examination action (non-selection from the police recruit process) by the Hawaiʻi County Police Department; and Communication No. 20-01.01, received on October 28, 2020, from Appellant, regarding a Summary Disposition Order and Expungement Certificate concerning operating vehicle under the influence of an intoxicant; and Communication No. 20-01.02, received on October 28, 2020, from Appellant, regarding a request for information through the County of Hawaiʻi Department of Human Resources concerning the Police Department, Police Commission, and Merit Appeals Board; and (Communication 20-01.03 continues on the next page) 2 Merit Appeals Board December 16, 2020 Communication No. 20-01.03, received on October 30, 2020, regarding County’s (Appellee’s) Witness and Exhibit List; Certificate of Service; and Communication No. 20-01.04, received on November 2, 2020, from Appellant, regarding a request of release of information concerning the Personal History Questionnaire (PHQ) administered by the Hawaiʻi County Police Department; and Communication No. 20-01.05, received on November 16, 2020, regarding Appellant’s Rebuttal/Witness and Explanation with Evidence Provided. Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters, pursuant to HRS Sections 92-4, 92-5(a)(2) and 92-5(a)(4), for the purpose evaluating an officer or employee of the County of Hawai'i, where the consideration of matters affecting privacy will be involved and consulting with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 is necessary to hold an executive meeting. 6) New Business (for discussion and appropriate action) FY 2019-2020 Annual Performance Evaluation of the Director of Human Resources (HR): o Presentation by the Director of HR regarding Department’s goals and objectives for FY 2019-2020 o SurveyMonkey Results for FY 2019-2020; and memorandum from Waylen L. K. Leopoldino, Human Resources Manager, re the 2019-2020 Recruitment System (NeoGov) Survey results o Presentation by the Director of HR regarding Department’s goals and objectives for FY 2020-2021 o Merit Appeals Board’s Evaluation Tool for the Director of HR for FY 2020-2021 o SurveyMonkey questions for FY 2020-2021 Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters, pursuant to HRS Sections 92-4, 92-5(a)(2) and 92-5(a)(4), for the purpose evaluating an officer or employee of the County of Hawai'i, where the consideration of matters affecting privacy will be involved and 3 Merit Appeals Board December 16, 2020 consulting with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 is necessary to hold an executive meeting. 7) Unfinished Business (for discussion and appropriate action) A) Election of Merit Appeals Board Chair and Vice-Chair for Calendar Year 2021. Note: At its meeting held on February 26, 2020, the Board postponed this matter (the election was for the current year 2020). B) Communication No. 18-02.04, from James E. Halvorson, Deputy Attorney General, transmitting the Findings of Fact, Conclusions of Law (FOF COL) and Order concerning Communication No. 18-02, appealing an employment action (discharge during the Fire Recruit process) by the Fire Department. Based on the forgoing Findings of Fact and Conclusions of Law, the Merit Appeals Board orders the appeal to be dismissed. Board action required: Approval of FOF COL C) Communication No. 18-03.06, from James E. Halvorson, Deputy Attorney General, transmitting the Findings of Fact, Conclusions of Law (FOF COL) and Order concerning Communication Nos. 18-03, 19-01, and 19-02, appealing employment actions (transfer to another fire station) by the Fire Department. Based on the forgoing Findings of Fact and Conclusions of Law, the Merit Appeals Board orders the appeals to be dismissed. Board action required: Approval of FOF COL D) Review of Executive Session Minutes o February 26, 2020 Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters, pursuant to HRS Sections 92-4, 92-5(a)(2) and 92-5(a)(4), for the purpose evaluating an officer or employee of the County of Hawai'i, where the consideration of matters affecting privacy will be involved and consulting with the Board’s attorney on questions and issues pertaining to the 4 Merit Appeals Board December 16, 2020 Board’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 is necessary to hold an executive meeting. 8) Director’s Report o MAB Quarterly Reports: July – September 2020 o HR Staffing Update o New Administration Update 9) Schedule Next Meeting Date 10) 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 email at Glynis.Yamada@hawaiicounty.gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Board Packet: Pursuant to Hawaiʻi 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, Hawaiʻi 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