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HomeMy WebLinkAbout2021-03-31 Merit Appeals Board MinutesMerit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii March 31, 2021 (Wednesday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:03 a.m. by Chair Gabriella M. Cabanas, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Wednesday, March 31, 2021. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Ms. Bella Hughes, Member (via Zoom) Mr. Charles Kunz, Member Ms. Gay Mathews, Member Also Present Mr. J Yoshimoto, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Glynis Yamada, Secretary -Reporter, HR Department Ms. Jeanette Aiello, Council Administrative Services Supervisor, Office of the County Clerk Mr. Joseph DiNapoli, Appellant (via Zoom) Note: As part of the response to the threat of COVID-19, Governor David Ige issued a Eighteenth Proclamation Related to the COVID-19 Emergency dated February 12, 2021, 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 Call to Order (Item 1) March 31, 2021 CHR. CABANAS: Good morning, everyone. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board. I call the meeting to order on March 31, 2021, at 10:03 a.m. Welcome, Board members. We have all five Board members present, so we have quorum for our meeting. And I would like to introduce all of the Board members. We have two that are sitting in via Zoom—we have Mr. Mel Ventura from Kona. Welcome, Mr. Ventura, good morning. MR. VENTURA: Good morning. CHR. CABANAS: And we have Ms. Bella Hughes also sitting in via Zoom from Hilo. Good morning, Ms. Hughes. MS. HUGHES: Good morning. CHR. CABANAS: And here in the Council Chambers at the County Building in Hilo are three members including myself. We have Ms. Gay Mathews, welcome. MS. MATHEWS: Good morning, everybody. Introduction Of New Merit Appeals Board Member CHR. CABANAS: And our newest Board member is Mr. Charles—who we all refer to as "Charlie" Kunz—Charlie Kunz. Welcome, Charlie. MR. KUNZ: Thank you. Good morning. CHR. CABANAS: This is your first meeting and we all bid you a very warm aloha as you join us MR. KUNZ: Thank you. CHR. CABANAS: as the Merit Appeals Board. So I'd like to thank all of you for being here today with me—and this is my first meeting as Chair, so please bear with me. We have a lot to cover this morning. Addendum to Agenda (Item 2) CHR. CABANAS: "Addendum to Agenda"—are there any? MR. YOSHIMOTO: There are none, Madam Chair. Page 2 Merit Appeals Board March 31, 2021 CHR. CABANAS: Okay, thank you. Also, I'd like to introduce those that are sitting here in the Council Chamber. Sorry, I forgot to do that a little sooner. But, we have Deputy Corporation Counsel J Yoshimoto. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: And our Secretary -Reporter, Glynis Yamada. And we also have Jeanette Aiello from our County Clerk's office assisting with the computers. So, thank you. Thank you all for being here. Statements from the Public (Item 3) CHR. CABANAS: "Statements from the Public"I understand there are no one here to provide any statements. But just for the record, I've been advised by our Deputy Corp. Counsel that there is a OIPOffice of Information Practices opinion that whenever we have members of the public appearing before us as a Board, that there is a time limit of three minutes. So, in the future, if we have someone appearing before us, I will advise the individuals of the time limit and our secretary -reporter will time the individual with a stopwatch, and she will also let us know when there are 30 seconds remaining, so we can give that individual a heads up to summarize. So, that's part of the protocol that we'd like to adhere to. Approval of Minutes (Item 4) Approval Of Minutes: February 10, 2021 CHR. CABANAS: Moving along, we have approval of the minutes of the meeting on February 10, 2021. Has everyone had the opportunity to review the meeting minutes? Okay, I'm assuming that's a "yes" for everyone. And so, I will entertain a motion to approve the meeting minutes of February 10, 2021. MS. MATHEWS: So moved. MS. HUGHES: Second. CHR. CABANAS: Moved by Ms. Mathews and seconded by—was it Ms. Hughes? MS. HUGHES: Yes. CHR. CABANAS: Thank you very much. So, the motion has been approved to MR. YOSHIMOTO: Madam Chair, there is one change to make on page 13. CHR. CABANAS: Oh, okay. Page 3 Merit Appeals Board March 31, 2021 MR. YOSHIMOTO: The bottom—okay, I stand corrected. That change has already been corrected, Madam Chair. CHR. CABANAS: Oh, okay, yes. MR. YOSHIMOTO: So, then, you would take the vote. CHR. CABANAS: Okay. So, secretary -reporter caught the er—typo. and she made the change earlier, so the meeting minutes are accurate. And thank you for the motions and the second. So, the meeting minutes of February 10, 2021 have been approved. Oh, I'm sorry—all those in favor—can we do it by a roll call `cause it's easier for recording. So, I'm just going to call your name and you can say "aye" or "no"so, Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Hughes. MS. HUGHES: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion has been carried, so the meeting minutes have been approved for February 10, 2021. Communications (Item 5) Communication No. 21-019 Received On March 8, 2021, Appealing A Recruitment And Examination Action (Discharge As A Police Officer I During The Police Recruit Process) By The Hawaii County Police Department (Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents) CHR. CABANAS: Moving along—"Communications"—we have one—Communication 21-01 MR. YOSHIMOTO: So, Madam Chair, for the record, if we can recognize the Appellant, Joseph DiNapoli, who I believe is present via telephone—if he can make his appearance. Page 4 Merit Appeals Board CHR. CABANAS: Mr. DiNapoli, are you there? MR. DiNAPOLL Yes, I'm here. CHR. CABANAS: Hi, good morning. MR. DiNAPOLI: Good morning. CHR. CABANAS: And so, do we want him to provide a comment to the Board? March 31, 2021 MR. YOSHIMOTO: So, at this time, Madam Chair, the recommended course of action would be to set a hearing date with the time, the location—and then, the appropriate deadlines. So, now would be the time to make those suggestions, check with Mr. DiNapoli to make sure of his availability, and then set those deadlines. CHR. CABANAS: Okay. I believe the thank you, Mr. Yoshimoto. The Board has a document with proposed deadlines and a hearing date. And we have been polled as to our availability for May 26, 2021, which is a Wednesday. Mr. DiNapoli—but we need to schedule the—if that's—if that date is okay with you? MR. DiNAPOLL Yes, that's fine. CHR. CABANAS: And we also need to schedule the time—either nine a.m. or ten a.m. MR. DiNAPOLI: Ten a.m. would be good. CHR. CABANAS: What time? MR. DiNAPOLI: Ten a.m. would be good. CHR. CABANAS: Ten a.m. Okay, I need to check with the Board if ten a.m. is okay with everyone. So, because we have—let me just check with everyone. So, Mr. Ventura, is ten a.m. okay with you? MR. VENTURA: Yes, that's okay. CHR. CABANAS: Ms. Hughes? MS. HUGHES: Works for me. Thank you. CHR. CABANAS: Ms. Mathews? MS. MATHEWS: Yes. CHR. CABANAS: Mr. Kunz? Page 5 Merit Appeals Board MR. KUNZ: Yes. March 31, 2021 CHR. CABANAS: And Ms. Cabanas also says "yes" for the record. Okay, thank you everyone. So, the hearingoh, I need a motion, I guess, to approve the hearing date for Mr. Joseph DiNapoli for Wednesday, May 26, 2021, at the Council Chambers at the County Building in Hilo, Hawaii for May 26, 2021,Wednesday, at ten a.m. May I have a motion? MS. MATHEWS : So moved. CHR. CABANAS: Motion made by Ms. Mathews. May I have a second. MR. VENTURA: Second. CHR. CABANAS: Second by? MR. VENTURA: That was Mel. CHR. CABANAS: By Mr. Ventura. Thank you very much. So, let me call for the vote. And the vote is for the hearing to be on May 26, 2021, Wednesday, at ten a.m., in the Council Chambers at the Hawaii County Building in Hilo. Mr. Ventura, your vote? MR. VENTURA: Aye. CHR. CABANAS: Ms. Hughes? MS. HUGHES: Aye. CHR. CABANAS: Ms. Mathews? MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz? MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried. Vote approved for the hearing to be on May 26, 2021, Wednesday, ten a.m., at the Hilo Council Chambers at the Hawaii County Building in Hilo. Next matter that we need to cover are the deadlines for the parties—for the appellant, which is you, Mr. DiNapoli, and for the County of Hawaii. We're looking at April—can I do that? Page 6 Merit Appeals Board March 31, 2021 MR. YOSHIMOTO: Yeah. So, basically, Madam Chair, if I may CHR. CABANAS: Sure, go ahead. MR. YOSHIMOTO: So, just to apprise the parties, these are the suggested deadlines that's going to be set by the Merit Appeals Board today. April 19d', 2021, is the deadline for parties to submit their documents which consists of exhibits, witness list, motions, memorandums—at the close of business, at 4:30 p.m. And then, for May 3rd, 2021, for deadline for the parties to file their responsive pleadings or to respond to those initial documents, again, by close of business, 4:30 p.m. And, also, to notify the parties that they would need to submit all documents to the Board's secretary, Glynis Yamada, via email or regular mail or hand -delivered to—as well as to the opposing parry. And also to inform the parties that the Merit Appeals Board requires one original and eight copies of all submittals. So, this will be contained in a letter to confirm this, so there's no confusion. Madam Chair, so that's the sug those are the suggested deadlines. And so, you can just ask the appellant if he has any concerns with that. If he's okay with that, then the Board can approve those deadlines. CHR. CABANAS: Okay. Thank you very much, Counsel. Mr. DiNapoli, as our Deputy Corporation Counsel read to you the deadlines—are those deadlines acceptable to you to adhere to? MR. DiNAPOLI: Yeah, they're—that's fine. CHR. CABANAS: Okay, very good. Thank you so much. And so, now, I need to entertain a motion to approve the deadlines, as set forth—April 19, 2021, which is a Monday, deadline for parties to submit their documents by close of business, 4:30 p.m. And the other deadline is May 3rd, 2021, a Monday, deadline for parties to respond with responsive pleadings by 4:30 p.m., close of business. May I have a motion? MR. KUNZ: So moved. CHR. CABANAS: Motion made by Member Kunz. A second? MS. HUGHES: Second. CHR. CABANAS: Seconded by Ms. Hughes. Thank you. And so, the vote I'm going to call for the vote to approve those two dates as deadlines for the parties, the appellant, Mr. DiNapoli, and the County of Hawaii. And so, the vote will be—Mr. Ventura, your vote? MR. VENTURA: Aye. Page 7 Merit Appeals Board CHR. CABANAS: Ms. Hughes, your vote? MS. HUGHES: Aye. CHR. CABANAS: Ms. Mathews, your vote? MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz, your vote? MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—my vote, aye. March 31, 2021 Motion has been approved for the two deadlines for the parties to adhere to—April 19, 2021, a Monday, deadline for the parties to submit their documents, which are the exhibits, witness lists, motions, and memorandums by close of business, 4:30 p.m. And the other deadline is May 3rd 2021, a Monday, deadline for the parties to respond with responsive pleadings by close of business, 4:30 p.m. And just to summarize that the appeal hearing will be held on May 26, 2021, a Wednesday, at ten a.m. at the Hilo Council Chambers, Hawaii County Building, in Hilo, Hawaii. The MAB the Merit Appeals Board will send a letter to all parties notifying them of the date, time, location, and the respective deadlines. Thank you everyone. Moving along MR. YOSHIMOTO: Madam Chair? CHR. CABANAS: Yes? MR. YOSHIMOTO: So, Mr. DiNapoli is still on the line. Maybe you want to conclude by just making sure he's—he acknowledges the deadlines set forth and then we can move on. CHR. CABANAS: Okay, thank you so much, Counsel. Mr. DiNapoli, are you still there? MR. DiNAPOLI: Yes. CHR. CABANAS: Okay. So, you understand what the date and the various deadlines are and you will receive a letter from the Merit Appeals Board very soon to document all that we covered right now. Do you have any questions or concerns? MR. DiNAPOLL No, I understand. Thank you. Page 8 Merit Appeals Board March 31, 2021 CHR. CABANAS: Okay. Thank you very much. And then, we look forward to seeing you on May 26, 2021. MR. DiNAPOLI: Okay. Thank you very much. MR. YOSHIMOTO: Mr. DiNapoli? MR. DiNAPOLI: Yes? MR. YOSHIMOTO: Just to confirm, so will you be attending the May 26h hearing via Zoom or would you want to come to the Hilo Council Chambers? Or you can just let us know. I just wanted to see if you had a position at this time? MR. DiNAPOLL I'm not sure, yet. Yeah. MR. YOSHIMOTO: Okay. You can let the Board staff know, unless MR. DiNAPOLL Okay. MR. YOSHIMOTO: —Madam Chair, you have any CHR. CABANAS: I don't have any serious concerns. Usually, appellants appear, though, before the Board, especially when it—the gravity of the issue is involved. But because of COVID, we also have to respect your, I guess, desire as to what is safe for you. We are all wearing masks in the Council Chambers and when you—if you do come in-person you will be sitting more than six feet apart from all of us. Usually, the County of Hawaii representative specifically from the Hawaii Police Department, they will be here probably in-person as well. That's just— MR. ust MR. DiNAPOLL Okay. CHR. CABANAS: my guess based on previous experience that I've had with appeal hearings. MR. DiNAPOLI: Okay, that's fine. CHR. CABANAS: But it is still your call. So, we will respect what you want to do. MR. DiNAPOLL Okay, thank you. CHR. CABANAS: Thank you very much. Okay, moving along, following the agenda items. Page 9 Merit Appeals Board New Business (Item 6) March 31, 2021 Briefing By Deputy Corporation Counsel J Yoshimoto Concerning The Annual Performance Evaluation Of The Director Of Human Resources Process (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, 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. CABANAS: We have "New Business" and I need to read to you what the new business entails. It's a briefing by our Deputy Corporation Counsel J Yoshimoto. MR. YOSHIMOTO: So, Madam Chair, at this time I would recommend that the Board the Board Chair would entertain a motion to go into executive session for the purpose of the briefing as stated on the agenda. CHR. CABANAS: Thank you, Counsel. So, I will entertain a motion for the Board to go into executive session to discuss the process of the annual performance evaluation of the director of human resources. May I have a motion, please? MS. MATHEWS: So moved. CHR. CABANAS: Motion made by Ms. Mathews. May I have a second? MR. VENTURA: Second. CHR. CABANAS: Second by Mr. Ventura. Thank you, both, Board members. I'm going to now call for the vote. And so, I will start with Mr. well, I will call for the vote so that we can vote on going into executive session to discuss the process of the annual evaluation of the director of human resources. I will start with Mr. Ventura, your vote. MR. VENTURA: Aye. CHR. CABANAS: Thank you. Ms. Hughes, your vote? MS. HUGHES: Aye. CHR. CABANAS: Ms. Mathews, your vote? MS. MATHEWS: Aye. Page 10 Merit Appeals Board March 31, 2021 CHR. CABANAS: Mr. Kunz, your vote? MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas, your vote—aye. It's unanimous. We will go the motion has been approved for the Board to go into executive session to discuss the process for the annual evaluation of the director of human resources. RECESS: The Chair called for a recess at 10:23 a.m. to convene executive session. RECONVENE: The meeting reconvened at 11:26 a.m. in open session. CHR. CABANAS: Okay, this is the Chair speaking. We are now open—in an open session. Unfinished Business (Item 7) CHR. CABANAS: Looking at the agenda it reflects the "Director's Report"oh, I'm sorry "Unfinished Business." Are—is there any unfinished business? No, there are none. Director's Report (Item 8) CHR. CABANAS: So, we will move on. "Director's Report" no director's report for today. Schedule Next Meeting Date (Item 9) CHR. CABANAS: We will schedule the next meeting date. Okay, we looked at the calendar. Can I have a motion to schedule the next meeting date, please, forI guess we're looking at April. MR. YOSHIMOTO: Yes, Madam Chair, the recommendation is that we schedule the next meeting for Monday, April 26, 2021, at 11:30 a.m. at the Hilo Council Chambers. CHR. CABANAS: Okay. So, is there a motion to approve—is there a motion for the next meeting date to be April 26h at 11:30 a.m.? MR. KUNZ: So, moved. CHR. CABANAS: Moved by Mr. Kunz. Seconded by MS. MATHEWS: Second. Page 11 Merit Appeals Board March 31, 2021 CHR. CABANAS: Second by Ms. Mathews. May I have a vote. So, we'll start with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried for our next Board meeting on April 26, Monday, at 11:30 a.m. in the Council Chambers at the Hawaii County Building. And there will also be Zoom capability for Mr. Ventura and Ms. Hughes. Adiournment (Item 10) CHR. CABANAS: I think, following the agenda, we will now move for adjournment, if I could have a motion to adjourn the meeting? MR. KUNZ: So moved. CHR. CABANAS: Moved by Mr. Kunz. MS. MATHEWS: Second. CHR. CABANAS: Seconded by Ms. Mathews. Do we need to vote on it? Yeah. So, may I have the vote taken. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Page 12 Merit Appeals Board March 31, 2021 The meeting is now adjourned at 11:28 a.m. Respectfully submitted, 1,144rt,t, mak Glynis Yamada, Secretary-Reporter APPROVED: CLAM-1-U(Ait • CCtiorthLI Gabriella M. Cabanas, Chair Merit Appeals Board Page 13