Loading...
HomeMy WebLinkAbout2021-02-10 Merit Appeals Board MinutesMerit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii February 10, 2021 (Wednesday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:00 a.m. by Chair Luahiwa Namahoe, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Wednesday, February 10, 2021. Roll Call — Present Ms. Luahiwa Namahoe, Chair Ms. Gabriella M. Cabanas, Member Ms. Bella Hughes, Member (via Zoom) Ms. Gay Mathews, Member Mr. Mel Ventura, Member (via Zoom) Also Present Mr. J Yoshimoto, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. William V. Brilhante, Jr., Director, Human Resources (HR) Department Ms. Glynis Yamada, Secretary -Reporter, HR Department Ms. Jeanette Aiello, Council Administrative Services Supervisor, Office of the County Clerk Note: As part of the response to the threat of COVID-19, Governor David Ige issued a Seventeenth Proclamation Related to the COVID-19 Emergency dated December 16, 2020, suspending Hawaii 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. Merit Appeals Board February 10, 2021 CHR. NAMAHOE: All right. Good morning. It is 10 a.m. and we are convening today's Merit Appeals Board on Septemon February—September—excuse me. Excuse me. Yeah, good morning, February 10'', 2021. Thank you. Okay. I'd like to introduce our new Merit Appeals Board members, J—yeah, okay, excuse me. Good morning, I'd like to introduce—if you would please introduce yourselves? MS. MATHEWS: (Inaudible.) CHR. NAMAHOE: Oh, please speak into the mic. and turn it on. MS. MATHEWS: Gay Mathews, Honoka`a. MS. CABANAS: Good morning, Gabriella Cabanas, Hilo. CHR. NAMAHOE: Thank you very much, Ms. Mathews and Ms. Cabanas. Mr. Ventura and Ms. Hughes? MS. HUGHES: Good morning. CHR. NAMAHOE: Hi, good morning. MS. HUGHES: Nice to meet the newest members. MR. VENTURA: Aloha. Nice to meet you as well. CHR. NAMAHOE: Thank you very much. So, we have quorum this morning, all five members are on—in the meeting today. We are going to take somea little bit of—we're going to move out of order. We're going to bring the "Director's Report" up. But before we do that, we do need to do some of the approvals. Addendum to the Agenda (Item 2) (Requires four votes and must comply with Hawaii Revised Statutes § 92-7(d).) CHR. NAMAHOE: And addendum to the agenda requires four votes and must comply with Hawaii Revised Statutes. There's a need to make mention of that, but we have no addendums today. Statements from the Public (Item 3) (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.) Page 2 Merit Appeals Board February 10, 2021 CHR. NAMAHOE: First and foremost, do we have any statements from the public? There's no public here. Anybody signed up? No? Okay. Approval of Minutes (Item 4) Approval Of Minutes: December 16, 2020 CHR. NAMAHOE: I'd also like to entertain an approval of our minutes from December 16, 2020. You have your minutes from that session. MS. HUGHES: Yes. CHR. NAMAHOE: If you'll take a moment to look at it, then I'll entertain a motion to approve it. If there—without any comment or unless you have comment. MR. VENTURA: I move that the minutes be approved. CHR. NAMAHOE: Thank you, Mr. Ventura, moving to accept the minutes. MS. HUGHES: I second that. CHR. NAMAHOE: Thank you, Ms. Hughesa second. All in favor? AYES: Board Members Hughes, Ventura, and Chair Namahoe — 3. NOES: None. ABSENT: None. EXCUSED: None. ABSTAINED: Board Members Cabanas and Mathews — 2. MR. YOSHIMOTO: So, Madan Chair, for the record, Ms. Cabanas and Ms. Mathews, my understanding, was not at those meetings and has basically abstained from voting. CHR. NAMAHOE: Thank you very much. Thank you, Mr. Ventura and Ms. Hughes. Director's Report (Item 8) CHR. NAMAHOE: Next we're going to now take this out of order, which is the Director's Report. MR. BRILHANTE: Are we good? CHR. NAMAHOE: We're good. Page 3 Merit Appeals Board February 10, 2021 MAB Quarterly Reports: October -December 2020; and General Departmental Updates MR. BRILHANTE: Good afternoon, Chair, and Merit Appeals Board members. William Brilhante, I'm the Director of Department of Human Research (sic.)County of Hawaii. With that, we just recently met about a month ago during our last get together and I provided a report at that time. I'm just going to give a brief supplement to that report. There really hasn't been significant or substantial changes since that period. We're continuing to work with the new Administration. As you know, Mayor Roth had some medical challenges and in that regard, we were brought into the picture, our department, to help assist with the transition of power from the Mayor to the Managing Director, Mr. Lee Lord. And there were numerous occasions where we provided input and guidance to Mr. Lord as it related to the assumption of his duties as the Acting Mayor. So, that was one of the first times during my career here as the HR director where we were involved in that role. And I thought it was, somewhat, unique and refreshing. But the team came together and I think they did a great job as we saw in the paper the other day. And it's my understanding that Mayor Roth is back at work and we're glad for his speedy and healthy recovery. And we, again, look forward to assisting his Administration going forward. Another matter in which I just want to provide an update since our last hearing where we adjudicated the Shook matter, the Shook family submitted a request to the mayor's office to meet independently of what transpired here. So, I was contacted by the mayor's office and provided a chronology of the events that took place during the MAB meeting. And my understanding is that the Shook's are going to meet with the managing director. The managing director told me he'd provide me with a update following that meeting. I think it's more informational was the way I was perceiving it. There's nothing really pending at this time to be adjudicated. As I mentioned in the last meeting, I appointed a deputy department head, Waylen Leopoldino, so we're continuing to move forward with him. As my deputy, it's refreshing to have a second pair of eyes looking at things as they come forward. And Waylen's strong background and his need to step up his game in order to fill Ms. Cabanas' shoes in the Recruitment Division—has been beneficial and he's been very helpful in that regard to date. I appreciate having him on board. Recruitments are going just as furiously as ever and we're also assisting with the new fire chief recruitment and that's moving forward as well. Our office was requested to proctor the assessment examination for the current applicants and I think that went well. It was a three-hour assessment and now, I think, they're moving to the next phase. So, we were happy to be involved with that. Other than thatoh, and also the reason I'm leaving early today is I continue to serve on the Mayor's Senior Policy Team for COVID-19 Response. My meeting today at 11:15 is with the governor, the various mayors, and members of our Mayor's Senior Policy Team. We're sitting Page 4 Merit Appeals Board February 10, 2021 down and we're looking at possible continuation of the governor's emergency proclamation and how that impacts the mayor's proclamation. The governor's proclamation expires on February 14, so we're on a short fuse going forward. So, that's one of the primary issues we'll be discussing today. And then, finally, our office is continuing to help with the registration for the VAMS that's the COVID vaccination for critical County employees. We've provided nearly 1,000 names, so far, County employees to the Department of Health. With that, we started the County employees vaccinations last week at the Civic. And there's always glitches when it comes to a situation like this—nobody's completely happy just through the timing of it all. I think our deputy corporation counsel can attest to the fact how we're able to work out problems through the registration system. He was impacted, but I think he reached a good resolution. So, other than that, that's pretty much the status of our office and our department. Happy to entertain any questions anybody may have. CHR. NAMAHOE: Chair NamahoeI do have a question and a comment. And so, the question is, I know with recent decisions being made on the state level or at least that's how it was portrayed in the news that might be what you guys are discussing today. What's Hawaii County's response to the state travel issue or the opening up the State and those issues? Because I know that on the County levels, we've done it piecemeal or we've—we're not necessarily doing it the same way between counties. So, I'm assuming that that's what you guys are probably talking about and what direction we're taking. And the second is more of a comment which is, I follow a dashboard on vaccinations. And if we remove Oahu out of the picture and just look at Hawaii County, Maui County, and Kauai counties, it has been—I've been dismayed that Maui has had more vaccinations than Hawaii County. We have four major hospitals, they have one. They have a smaller population. They're about 75 percent the size of Hawai `i County, if you look at population. And I know that sometimes we think, well, you have to split it up there's Molokai and there's Lanai. Now, I'm talking about the Island of Maui. Now, granted, they're having a tougher time getting their COVID cases under control but, still, if there's any way that that can be—if you have an audience that can address that, that's the issue that I'm seeing. We're not moving quick enough—CVS went in the news to say that they were going to start on Friday doing vaccinations. They said that one of their locations in Hilo will be addressed, but we are still trying to get through half of the 1B population—IA being essential healthcare workers, 1B being both kupuna over 75 as well as essential workers that are none medical—and that includes me, that includes you. We work with the public on some levels, we're required to be public facing on some levels. But we are not in the hospital systems, so we are co -mingled with the 75 -year-olds as 113. Page 5 Merit Appeals Board February 10, 2021 I have yet to see it starting to hit the fast-food workers—it hasn't hit any—it has those doors have not been open to us. So, that's my comment. And if you have any mana on that, please do something about it. MR. BRILHANTE: Thank you very much, Chair. In response to that, it'sit was very interestingcoincidental ly, this morning I just drafted an email and sent it to one of the HR department reps., kind of, raising the same type of issues regarding the frustration that the County, itself, is experiencing. And I'm not sure if everybody knows, but the vaccination procedures, protocols, and response, and applications are solely in the hands of the Department of Health—State Department of Health—and we're subject to their requirements, whatever protocols they set forth. Unfortunately, we don't play much of a role in that process. We're just told what's being available, when it's available, and who's available to receive it. All we do from the County standpoint, as it relates to our employees—is we provide a name and a unique email address. And that, in of itself—the back and forth between the Department of Health and us—is challenging. And just to get that unique email address in place has been a challenge for us. And then, once the address gets inputted into the system, then the employee has to go and register independently through VAMS—and that's a challenge. I think what's most frustrating to the employees who face those challenges is there's no point of contact, the responses come back to me or our office"Eh, I'm having this problem" or "This is a problem and I can't do this or I can't do that" and "How come my name's not being pulled up. I was placed on the list over a month ago" but it's frustrating for us because our response to them is"But, for the County providing the names and email address of each employees, that's the extent of our involvement." I think it would be helpful if the State were able to set up some type of, maybe, separate entity — a third party who would be the point of contact for the registration. Right now we're currently at the 1B level of critical infrastructure employees. If the State could set up that separate entity who, in and of itself, would just be responsible for the registration process point of contact for employees or the public trying to register and navigate through the process, I think that would be helpful. But, right now, it can't be the County. The reason for that is because the subject of the registration is protected privileged information—healthcare information. Even names of employees who agree to take the vaccination is privileged under the healthcare regulations. So, that's the frustrating part and I think a lot of people are experiencing it. So, I'm sure they share in your sentiments, Chair. The other thing, I apologizeI meant to welcome new Board members, Ms. Cabanas and Ms. Mathews, on board. Thank you very much for agreeing to volunteer your time and services for such a worthwhile cause here. So, welcome on board. I can't assure it'd be exciting but it will definitely be something that you won't fall asleep on. So, with that, thank you very much. Page 6 Merit Appeals Board February 10, 2021 CHR. NAMAHOE: Thank you, Mr. Brilhante. Any—final opportunity, Mr. Ventura or Ms. Hughes? MR. VENTURA: Not right now. Thank you. MS. HUGHES: No. Thank you. But I share many same sentiments about just hoping to see Hawaii Island and, especially 113, vaccinated as soon as possible because frontline workers or everyone in food service, all those in ag, and anyone working with the public—and I hope our island continues—and the entire State to get vaccinated a speedy process. And thank you for everything everyone is doing. CHR. NAMAHOE: I appreciate those sentiments, Ms. Hughes, thank you. Thank you, Mr. Brilhante. I'll entertain a motion to accept the director's report today. MS. MATHEWS: So moved. CHR. NAMAHOE: Thank you, Ms. Mathews. May I have a second? MR. VENTURA: Second. CHR. NAMAHOE: Thank you, Mr. Ventura. So, all in favor to approve and accept the director's report into the minutes. AYES: Board Members Cabanas, Hughes, Mathews, Ventura, and Chair Namahoe — 5. NOES: None. ABSENT: None. EXCUSED: None. CHR. NAMAHOE: Thank you. Unanimously accepted. Thank you so much, Mr. Brilhante. MR. BRILHANTE: You're welcome. Thank you. Communication(s) (Item 5) CHR. NAMAHOE: Next on the agenda—okay. So, it says "Communications" but there are none. New Business (Item 6) CHR. NAMAHOE: As far as "New Business" goes, also none. Page 7 Merit Appeals Board Unfinished Business (Item 7) February 10, 2021 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); And This Matter Was Postponed On December 16, 2020) CHR. NAMAHOE: We do have in front of us, the "Unfinished Business" for discussion and appropriate action. And that is the Election of the Merit Appeals Board Chair and Vice -Chair for Calendar Year 2021. As everyone knows, my tenure ended on 12/31/2020I'm within the remaining the push out period is the quarter thereafter. So, this is my last meeting and this is the part that I have great pleasure in supporting. So, I am going to sit here and play a passive role as I look to my four colleagues—two online—Mr. Ventura who lives in Kona; Ms. Hughes who lives on the Hilo side but both of them, I will not speak on your behalf—as well as we have our two new members, Ms. Mathews and Ms. Cabanas. So, we are now at the position to—let me read this note. At our meeting that was held on February 26, 2020—almost a year ago the Board postponed this matter, which was the election for the current year 2020 and this matter was postponed again on December 16, 2020. So, a little history here. We, last year, we had—it sounds like we had quorum struggles, which is almost not entirely accurate to say because we did have quorum—and I thank you for my two colleagues online because you attended every meeting that I did and I appreciate that. But we were at a position where we watched two of our other members step off, and on an annual basis we vote in a new chair and vice -chair. So, I held over through 2020 just for continuity because Mr. Ventura and Ms. Hughes were new members and I know how it goes to be reluctant to jump in feet first. It's always best to audit the process in front of us. Well, now we're here and we have our two members, Mr. Ventura and Ms. Hughes—you've been here for at least a year—and we have both Ms. Cabanas and Ms. Mathews who've been here now 20 minutes. So, with that, I'm going to yield so that you guys can discuss amongst yourselves how you would like to go forward in your 2021. MS. HUGHES: Thank you. And thank you so much for extending your service, and I know it seems very natural that Mr. Ventura and I will—should be the ones to jump in. As I have expressed previously, I chair another board that has two meetings a week and I'm in charge of helping some very ambitious capital campaigns. And as chair and president of that board, I don't feel that I have the ability to be consistent and as dedicated, as needed, to be the chair but I'm happy to volunteer to be vice -chair. Page 8 Merit Appeals Board February 10, 2021 Would you, Mr. Ventura, entertain being the chair? And I could support you, `cause I don't think it's fair for our newest colleagues to—it didn't seem realistic for them to jump in on this. MR. VENTURA: I agree. I do feel extremely unqualified and yeah, my fear is that I would be doing the County a disservice given my lack of experience. And I just want to yeahI just wanted to express that. MS. MATHEWS: Ms. Leeloy, I have a question. Aren't we forgetting the fifth member, Charlie Kunz, or is he not part of this, yet? MR. YOSHIMOTO: I believe Mr. this is J Yoshimoto, Deputy Corp. Counsel. I believe Mr. Kunz is still subject to his official confirmation by the Council—I think next week or within the next two weeks. So, he'll be on board by next month. MS. MATHEWS: Oh, okay. MS. HUGHES: Well, that being said—excuse me, one moment, my child. (Note: At this time, Ms. Hughes' child was speaking to her.) Mr. Ventura, I mean, I assure you that I do think that having gotten to know you on the phone, primarily, since it's been so much of a COVID year and experienceI think you speak very eloquently. I think you and I, both, have absorbed and learned a great deal from Madam Chair who's done an extraordinary job. And I absolutely can commit to supporting you as vice -chair, if you do take on that position. I don't think there's anyone on the call who's brand new to the Board that wants to jump in and volunteer—but if there is, feel free to (inaudible) new colleagues, definitely, speak up. MS. CABANAS: This is Gabriella speaking. I am a retired HR manager and I have worked with the Merit Appeals Board in numerous instances over the length of my career. So, with that, I'm willing to serve as the chair. I might need a little guidance in that capacity but I'll volunteer, if there is no one else. I'd like to know, though, if there is anyone else that would volunteer. So, I'll leave it at that. I am willing to serve, if there is no one else willing to serve. MS. HUGHES: Thank you. MS. MATHEWS: Well, I hate things to be Hilo -centric. I do appreciate Gabriella's background and I, too—as long as we're not dragging her in kicking and screaming—and that's not to discount anybody's offering in Kona, but I do think that she already has the experience even though it hasn't been seated on the Board. MS. HUGHES: That sounds wonderful—and that's very, very generous to offer that—and with your background that—how lucky we are. MS. MATHEWS: I move that we appoint Gabriella as the Chair. Page 9 Merit Appeals Board February 10, 2021 MS. HUGHES: I second. MS. MATHEWS: I was doing them as individual motions. MS. HUGHES: Oh, yeah, okay—motion. CHR. NAMAHOE: Okay, everybody, I'm jumping back in. Aloha, it's Chair Namahoe. So, I'll entertain a motion to accept—first of all, before we go forward, because I think I know what I'm going to say, I'd still like to hear from Mr. Ventura what your thoughts are, since I have two volunteers for the seat of chair. Mr. Ventura? MR. VENTURA: Yes, I would fully support Ms. Cabanas. I wasn't clear on Ms. Mathews comment about I couldn't understand if she would prefer the Board remain Hilo -centric or to avoid Hilo -centrism. I didn't understand that comment. MS. MATHEWS: Actually, the comment was just sort of a general this is Gay Mathews. The comment was, sort of, a general comment about making sure that we keep things balanced between east and west Hawaii. However, for the chair position, I would think it would be useful to have the person in Hilo and, more importantly—and, again, not to dismiss anything in terms of your talent in Kona—she does have the experience and I think she may have the—more time. So, that's all I was trying to do was just, sort of, say this isn't about Hilo. Because I'm in Honokaa. I'm we've been the stepchild forever. So, I'm very sensitive to the issue of location. MR. VENTURA: Thanks. MS. HUGHES: And, perhaps, with those comments now, if you would be willing, then, to serve as vice -chair having been on the Board for a year. And then, there is still a bit of a balance between the two that might be preferred rather than I step in as vice -chair. MR. VENTURA: Yeah, I would offer my support in that capacity for sure. CHR. NAMAHOE: This is Chair Namahoe, I find the discussion very refreshing. So, I'll entertain a motion that we accept Gabriella Cabanas as the incoming Chair, and Mr. Mel Ventura as the incoming Vice -Chair for calendar year 2021. All in favor? Oh, wait, okay MS. MATHEWS: I so move. CHR. NAMAHOE: Ms. Mathews moves—excuse me, I apologize everyone. Thank you, Ms. Mathews, for thank you for the motion. And may I have a second? Ladies and gentlemen? MS. HUGHES: Second. Page 10 Merit Appeals Board February 10, 2021 CHR. NAMAHOE: Thank you, Ms. Hughes. All in favor? AYES: Board Members Cabanas, Hughes, Mathews, Ventura, and Chair Namahoe — 5. NOES: None. ABSENT: None. EXCUSED: None. CHR. NAMAHOE: Thank you very much. What we have in front of us is for calendar year 2021, the Chair will be Gabriella Cabanas and Vice -Chair, Mr. Mel Ventura. Thank you very much. That was very good discussion. I am happy for the Merit Appeals Board going forward. Communication No. 20-01.06, From James E. Halvorson, Deputy Attorney General, Transmitting The Findings Of Fact, Conclusions Of Law (FOF COL) And Order Concerning Communication No. 20-01, Appealing A Recruitment And Examination Action (Non -Selection From The Police Recruit Process) By The Hawaii County Police Department. Based On The Forgoing Findings Of Fact And Conclusions Of Law, The Merit Appeals Board Orders The Appeal To Be Denied And Dismissed (Board Action Required: Approval Of FOF COL) CHR. NAMAHOE: Moving on to Communication Number 20-01.06. I will, I believe this has to do with the Shook case that we have to I'll entertain a motion that we accept the Shook case and, again, this one, because I'm going I'm talking to you, Ms. Hughes, and you, Mr. Ventura—regarding the case in last December. I'll entertain a motion that we accept it. If you look in your the executive no, yeah, it is the minutes were in our yellow folder or just online yeah, onlineI'm sorry, the pdf regarding the minutes that we had in executive session regarding the Shook file. MR. YOSHIMOTO: Madam Chair, this is J Yoshimoto, just to be clear. So, we're on Communication 20-01.06 and the Board, right now, is on the process of reviewing the Findings of Fact, Conclusions of Law related to that appeal—and that would require a motion to approve those Findings of Fact, Conclusions of Law. CHR. NAMAHOE: Thank you, Mr. Yoshimoto. In the blue folder, it's under the white tab known as "FOF COL." MR. YOSHIMOTO: And so, just for the record, to be clear—Madam Chair, if I may? CHR. NAMAHOE: Yes. MR. YOSHIMOTO: So, since Ms. Cabanas and Ms. Mathews were not present at that proceeding, they may they have an option of abstaining from voting. They also can vote, if they feel comfortable in reviewing the minutes and the ability to cast a vote, but that's up to them if they want to do that. So, they have that op—either option. Page 11 Merit Appeals Board February 10, 2021 MS. CABANAS: Madam Chair, I have reviewed the hearing notes, and I feel comfortable with voting on this matter. CHR. NAMAHOE: That is your option. MS. MATHEWS: Madam Chair, this is Gay Mathews, and I do so also. CHR. NAMAHOE: Thank you very much, Ms. Mathews. Okay. So, we'll take a moment to go through it and at any time if anyone would like to motion to accept, I'll entertain that. MS. MATHEWS: Gay Mathews, so moved. CHR. NAMAHOE: Thank you, Ms. Mathews. MS. CABANAS: Ms. Cabanas, second. CHR. NAMAHOE: Thank you, Ms. Cabanas. All in favor to accept the Facts of Finding? AYES: Board Members Cabanas, Hughes, Mathews, Ventura, and Chair Namahoe – 5. NOES: None. ABSENT: None. EXCUSED: None. CHR. NAMAHOE: Thank you very much. So moved. Review Of Executive Session Minutes: December 16, 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 Hawaii, 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) CHR. NAMAHOE: Okay. So, now that we need to go and review the—excuse me now that we need to review the executive session minutes, this is these minutes are lengthy and are comprised of the hearing itself—the adjudication of the Shook case itself. Before I ask to before I ask for that motion, I would like to thank Ms. Hughes and Mr. Ventura. I cannot imagine what it was like to listen to that—meaning, to not be in the room and to hear it. I don't' knowI would have found that to be very tough. Personally, auditory is not my lead learning style. I've always struggled with being an active listener. So, I can't imagine hearing the hours of that, that was involved. MR. VENTURA: There were advantages to that. Page 12 Merit Appeals Board February 10, 2021 MS. HUGHES: It was, actually, as an avid (inaudible) HPRit was very, very long but it was actually surprisingly interesting. And thank you for presiding over that—very long meeting and hearing. CHR. NAMAHOE: Thank you. Thank you for that. I want to say one more thing about that. So, I'm not an attorney and if there's any background that I would have had that helped me through that adjudication process—it was from my youth where it was pounded into me to study case law. That was something that before the days of Google—and I'm aging myself—it was helping my dad's law firm and it was three different attorneys that I'm thinking of—where they would have to go to the Law Library, but they didn't always do that—sometimes they would send the kids, if you will. So, that was a profound experience for me—last month. I think it is much different and you both, Mr. Ventura and Ms. Hughes, you seen it when we've been in the small room when we're surrounded by the attorney general and we're surrounded by Corp. Counsel—but it's much different sitting up here up on the County Council dais, by our lonesome, watching the screens in front of us—not to mention the personalities that we were adjudicating, along with the personalities of the witnesses. Although hats off to the witnesses. They were absolutely professional and unemotional, which I found that to be a great help. Professionalism takes a room far. But I think I'll walk away with that experience for the rest of my life because I'm not a judge ominous, foreshadowing for Ms. Cabanas. So, having said that, if you've read it, `cause I can't bear to look at it againI will entertain a motion to accept it. MR. VENTURA: I so move. CHR. NAMAHOE: Thank you, Mr. Ventura. And a second? MS. HUGHES: Second. CHR. NAMAHOE: Thank you, Ms. Hughes. All in favor? AYES: Board Members Cabanas, Hughes, Mathews, Ventura, and Chair Namahoe — 5. NOES: None. ABSENT: None. EXCUSED: None. CHR. NAMAHOE: Thank you. Okay. Thank you very much. Entering the Shook file, the executive session minutes into the record. Did I need to read out the executive session? MR. YOSHIMOTO: No, Madam Chair, you're good. CHR. NAMAHOE: All right. Page 13 Merit Appeals Board February 10, 2021 MR. YOSHIMOTO: You, basically, just said the motion to approve the executive session minutes. CHR. NAMAHOE: Okay. Thank you. So, we've already moved Number 8 to Number 2. So, thank you, Director BrilhanteMr. Brilhante. Director's Report (Item 8) (Previously taken out of order. MAB Quarterly Reports: October -December 2020; and General Departmental Updates.) Schedule Next Meeting Date (Item 9) CHR. NAMAHOE: And next ahead is to schedule the next meeting date. MR. BRILHANTE: Madam Chair, may I interject before we proceed to that? CHR. NAMAHOE: Mm-hmm. MR. BRILHANTE: I just want to provide some comment and some input moving forward. I want to thank Chair Namahoe for her many dedicated years of service to the County, up until this point. I had the fortune of serving with her or representing her when she was a member of the Hawaii County Fire Commission and I was the Deputy Corp. Counsel assigned to the Commission. That was the first time I got to really engage with her. She was so professional and her honor and decorum during those meetings through the whole fire chief selection process was first class and I had a lot of—great respect for her going forward. I was pleased to know that when I came over to Human Resources that Luahiwa was a member of the Merit Appeals Board as well. Again, that was a welcome surprise. And through my tenure as the director, she was part of the panel that selected me, so I have much fond aloha for her. In my heart, I will always be grateful for providing me this opportunity. Chair Namahoe's professionalism and attention to detail and, again, the way she led this Board during the past year as the Chair, has been refreshing and inspiring. Again, I want to thank her for her many years of dedicated service to the people of the County of Hawaii. I look forward to seeing her name on as a new appointment for another department, committee, commission, board—with the County, `cause I think if the mayor doesn't jump on it quickly, I think we'll lose a valued resource. So, I just want to thank her for her the term I'm looking for is commitment to the people serving the people and her dedicated service to the people of Hawaii. So, thank you very much. It's her last meeting here in this capacity, but I hope it's not her last meeting in general. I look Page 14 Merit Appeals Board February 10, 2021 forward to meeting with you any time on a social basis. So, finally, thank you and I appreciate everything you have done for our Department. CHR. NAMAHOE: Thank you, Mr. Brilhante, that I very much appreciated what you just said. I brought something here today. If I could take—if I can take two minutes of your time and just, kind of, swerve the conversation. You mind? Am I allowed to? Can I add comments in before we schedule the next meeting, Mr. Yoshimoto? Always ask the lawyer. MR. YOSHIMOTO: This will be under "Announcements." CHR. NAMAHOE: Okay, fine. All right. Going back to announcements. So, I brought with me—and I don't know if Mr. Ventura and Ms. Hughes can see it, but I will send a link of it to Glynis. And that is MS. HUGHES: It's a little too far away but thank you, whoever is zooming it I see, I think, a book. CHR. NAMAHOE: It's a book. I'll leave it right here. Gosh, I should get money for this from these guys—from the publisher. And I should get a ponytail. Okay. Anyhow. There are a handful of commissions and boards for the County of Hawaii where the director is not chosen nor serves at the pleasure of the sitting mayor. They are hired and fired, if you will, by their commission—and that is Police, Fire, Human Resources, Board of WaterI believe one more—Liquor? Okay. So, Police, Fire, Board of Water, Liquor, and Human Resources. Of those five, I had the opportunity of serving on two of these commissions or boardsI don't know which term would be the more generic one—one was a commission, the other was a board. I'll just call them "commissions" for the sake. Where these commissions are populated volunteers. We are nominated by the mayors and we are approved or we are declined by County Council. And that, I think, is par for the course whether it's county, state, or federal level. We're seeing it right now on cable news, in fact. But the opportunity that I had in each of these commissions included the hiring process and the hiring of the sitting directors of those respective boar those respective departments. This book, here, helped us get through it. Although I've been working for HMSA for over ten years, prior to that, I worked for a company that was a payroll company, a workers' compensation company, and a law firm under one hood. And the HR recruiter happened to be tucked away in Hilo for this statewide company. She was tucked away in Hilo and she worked—she shared an office with me. And this was the book that that company relied on because there are not many resources available—and even online if you look for them that will help corporations hire CEO's. A fire chief is a CEO, the human resources director is a CEO. I've had the opportunity to see good and not so good interviewing processes. Page 15 Merit Appeals Board February 10, 2021 So, I'm recommending this book because it helped me. At the time that I bought it, it was because I was fascinated by how that HR recruiter met the challenges that she faced, which was to populate this particular company. So, anyway, it's called "Top Grading"—Bradford Smart, PhD. I've never regretted the people that we chose. And I've always remembered that we sit here as volunteers. We are not politicians, we're not intending to run for office. Our job is to service and serve our County on an operational level. May we always strive to support the functionality required to keep the County going. So, thank you. MR. YOSHIMOTO: So, Madam Chair, just to be clear. You mentioned that you have no financial interest in that book or any publishing just so the records clear? (Inaudible) as your attorney. CHR. NAMAHOE: Brah, I wish. MR. YOSHIMOTO: Okay. All righty, thank you. CHR. NAMAHOE: Sorry, I beg your pardon. That was probably that was yeah. No, I've had noI'm sure the guy who wrote it, he's passed away already. But it's evergreen information. And so, to this, I thank you Ms. Cabanas. I welcome you and Ms. Mathews to the Board. I thank you, Mr. Ventura and Ms. Hughes, for serving alongside you these many, many months. I thank you, Mr. Yoshimoto, for your excellent advice. I thank you, Mr. Brilhante, for leading our County HR and supporting—what is it -20-22 different offices, departments, agencies -2,800 employees. And, most importantly, I'd like to thank you, Glynis Yamada, for herding cats because that's probably what is entailed. What a wonderful, wonderful person—what a wonderful, incredible resource the County has in Glynis Yamada. With that, let's schedule the next meeting date. Ladies and gentlemengentlemanI'm going to remove this request and we'll let the next chair schedule the date. So, it'll be a "to be determined" basis because I'm not sure what is coming up on—what's ahead on upcoming agendas. So, I'm going to rescind that request. Page 16 Merit Appeals Board February 10, 2021 Adjournment (Item 10) CHR. NAMAHOE: And with that, barring any other comments, it's now 10:45—thank you very much. Respectfully submitted, gD(fCL4nah) Glynis Yamada, Secretary-Reporter APPROVED: cArCLIALLULLJ. Ai . N terta,,a. s -- Chair Merit Appeals Board Page 17