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Home My WebLink About2021-08-16 Merit Appeals Board AgendaMitckeLL D. Rotel n eeor Hawaii County Dept. of Human Resources 08/10/2021 02:05:18 PM County of Hawaii Merit Appeals Board .4upuv,%Gev�,ter * 101 PnLCnki street .Suite 2 * H%Lo, Howo%i90�20 (gog) 9o1-gZol * F=nx (gog) Agenda August 16, 2021 (Monday) 10:00 a.m. Hilo Council Chambers C,c nMeLLa M. ac bvwas chazr M2C newt -'? vice-CGr��x Hawaii 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 an Emergency Proclamation Related to the COVID-19 Response dated August 5, 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. The public may view the meeting live via Zoom. To sign up for access to the meeting via Zoom, please contact Glynis Yamada at Glvnis.Yamada(i�hawaiicounty.2ov or 808-961-8361 no later than 12 noon, Friday, August 13, 2021. Anyone wishing to testify orally via Zoom must sign up by 12 noon, Friday, August 13, 2021, 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 Glvnis.Yamada(a�,hawaiicounty.20v, (2) facsimile to (808) 961-8617, or (3) mail to the Merit Appeals Board at 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720-4224. All written testimony, regardless of time of receipt, will be part of the permanent record. akcirLes I,vv,z, cja� Matkews, Mevl tbers I HmcG Pi , aouv,t� Cs Give, EL(vct. o??ortvvi,ItI ProvEc{er civ GJ Evlt?Lo�er. Hawaii County Dept. of Human Resources 08/10/2021 02:05:18 PM Merit Appeals Board August 16, 2021 1) Call to Order 2) Addendum to Agenda (requires four votes and must comply with Hawaii 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. 10:00 A.M. HEARING RE COMMUNCATION NO. 21-02 (Hearing concerns the preliminary issue of whether the Board has jurisdiction under Section 76-14, Hawaii Revised Statutes, to hear the appeal.) Communication No. 21-02, received on April 30, 2021, appealing a recruitment and examination, and employment action (failure to provide a fair and transparent process for the selection of the fire chief) by the Fire Commission; and Communication No. 21-02.01, received on June 8, 2021, regarding County's (hereinafter referred to as "Appellee") Memorandum Regarding the Merit Appeals Board's Lack of Jurisdiction; Certificate of Service; and Communication No. 21-02.02, received on June 22, 2021, regarding a letter from the Appellee, notifying the Board that the Memorandum filed on June 8, 2021, (reference Comm. No. 21-02.01) was inadvertently not sent to the Appellant); and Communication No. 21-02.03, received on June 23, 2021, regarding a letter from the Appellant, notifying the Board that the Appellant did not receive the memorandum from the Appellee by the June 9, 2021, deadline and requested additional time to submit their responsive brief. (Note: The Board granted the Appellant's request for a continuance via a letter dated July 6, 2021, sent by certified mail to both parties.); and Communication No. 21-02.04, received on July 6, 2021, regarding Appellant's Position Statement on Whether the Merit Appeals Board has Jurisdiction in this Appeal; Exhibits "A" — "B"; Certificate of Service; and (Communication No. 21-02.05 continues on the next page.) Hawaii County Dept. of Human Resources 08/10/2021 02:05:18 PM Merit Appeals Board August 16, 2021 Communication No. 21-02.05, received on July 8, 2021, regarding Appellee's Reply Memorandum Regarding the Merit Appeals Board's Lack of Jurisdiction; Certificate of Service. Board Action Required: Address the issue of whether the Board has jurisdiction to hear the appeal. 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. 4) Approval of Minutes o May 26, 2021 o May 26, 2021 (closed hearing re Comm. No. 21-01) o June 28, 2021 Review of Executive Session Minutes o April 26, 2021 o May 26, 2021 o June 28, 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) and92-5(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. 5) Communication(s) None. Hawaii County Dept. of Human Resources 08/10/2021 02:05:18 PM Merit Appeals Board 6) New Business (for discussion and appropriate action) August 16, 2021 A) Selection Process for Filling the Position of New Director of Human Resources B) Fiscal Year 2021-2022 Annual Evaluation Process of the Director of Human Resources (HR) 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. 7) Unfinished Business (for discussion and appropriate action) Communication No. 21-01, 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; and Communication No. 21-01.01, received on April 19, 2021, regarding County's (Appellee's) witness and exhibit list; certificate of service; and Communication No. 21-01.02, received on May 18, 2021, regarding County's (Appellee's) Subpoena; Notice to Appear, was approved on May 19, 2021, by Merit Appeals Board Chair Gabriella M. Cabanas. Note: At the Merit Appeals Board hearing held on May 26, 2021, on the above matter, the Appellant requested a closed hearing. Following the Board's discussion in executive session and upon exiting executive session, the Board rendered its decision and voted in the closed hearing with both parties present. In accordance with Hawaii Revised Statutes, Chapter 92, the Board will recite its decision rendered on May 26, 2021, and vote in open session. Board Action Required: Board to recite its decision rendered on May 26, 2021, and vote in open session. Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters, pursuant to HRS Sections 92-4, Hawaii County Dept. of Human Resources 08/10/2021 02:05:18 PM Merit Appeals Board August 16, 2021 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. 8) Director's Report o Director's Report submitted by Department of Human Resources Acting Director Waylen L. K. Leopoldino, dated August 10, 2021. 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. Yamadaghawaiicounty. ov 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 Hawaii 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, Hawaii 96720. If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist [Article 15, Section 2-91.3(b), Hawaii 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, Hawaii 96720.