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HomeMy WebLinkAbout2021-05-26 Merit Appeals Board MinutesMerit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii May 26, 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, May 26, 2021. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Mr. Charles Kunz, Member Ms. Gay Mathews, Member Also Present Mr. William V. Brilhante, Jr., Director, Department of Human Resources Ms. Amanda Furman, State Deputy Attorney General, Office of the Attorney General (via Zoom) Mr. Sinclair Salas-Ferguson, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Malia Hall, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Cody Frenz, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. Joseph DiNapoli, Appellant Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Ms. Jeanette Aiello, Council Administrative Services Supervisor, Office of the County Clerk Mr. Relley Araceley, Legislative Information and Reference Technician, 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 Call to Order (Item 1) May 26, 2021 CHR. CABANAS: (Inaudible) of May 26, 2021, to order at 10:03 a.m. I'm Gabriella Cabanas, the Chair of the Merit Appeals Board. And, on behalf of the Board, I'd like to welcome all of those present. First things first—so, we do have a quorum. There are four Board members present and I would like to introduce who they are to you. We have Mr. Mel Ventura, our Vice -Chair, sitting in on via Zoom from Kailua-Kona. Good morning, Mr. Ventura. MR. VENTURA: Aloha and good morning. CHR. CABANAS: And here in the Council Chambers with me are our other two Board members, Ms. Gay Mathews and Mr. Charlie Kunz—good morning. MR. KUNZ: Good morning, thank you. MS. MATHEWS: Good morning. CHR. CABANAS: Other introductions the Board's counsel from the Office of the Corporation Counsel is Mr. Sinclair Salas-Ferguson. MR. SALAS-FERGUSON: Good morning, everyone, CHR. CABANAS: Good morning. And our Director of Human Resources, William Brilhante, Jr., good morning. And from the Office of the Corporation Counsel our two other attorneys, Ms. Malia Hall and Ms. Cody Frenz. MS. FRENZ: Good morning. CHR. CABANAS: Good morning. And we have one member of the public, I believe, if you could introduce yourself, please. MR. DiNAPOLI: Joseph DiNapoli. Good morning. CHR. CABANAS: Good morning, Mr. Joseph DiNapoli. Thank you. Oh, and we have one person, one staff member from the Clerk's Office, Mr. Relley Araceley, helping us with the computer system making sure everything works well. And also our—can't forget our Secretary - Reporter, Ms. Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Good morning, to all of you. Page 2 Merit Appeals Board Addendum to Agenda (Item 2) CHR. CABANAS: Following our agenda, there is no addendum to the agenda. Statements from the Public (Item 3) CHR. CABANAS: We have no "Statements From the Public." Approval of Minutes (Item 4) Approval of Minutes: March 31, 2021 May 26, 2021 CHR. CABANAS: And I would like to move on for the approval of the meeting minutes of March 31, 2021. Board members, have you had the chance to review the meeting minutes? And, if you have, could I entertain a motion to approve the meeting minutes. MR. KUNZ: So moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Moved by Mr. Kunz and second by Ms. Mathews to approve the meeting minutes of March 31 ", 2021. May I then do a roll call vote for the vote. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. The meeting minutes have been approved into the record. Page 3 Merit Appeals Board Communications (Item 5) May 26, 2021 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 (Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents) CHR. CABANAS: Moving along, we have a Communication Number 21-02. Before we schedule the hearing, I would just like to before we schedule the appeal hearing for Mr. Robert Perreira, I would like to disclose the following information to maintain transparency in the appeal process. During my 37 -and -a -half-year career with the County of Hawaii, most of which I worked as the Manager of the Recruitment and Examination Division of the Department of Human ResourcesI conducted numerous training sessions for all levels of County employees on topics related to recruitment and examination. Mr. Robert Perreira attended some of these training sessions as well as the other three County employees who recently applied for the position of Fire Chief. I only know these individuals professionally through my work with the County of Hawaii and we do not socialize together. In addition, I assisted a previous Fire Commission over five years ago when two commissioners needed HR assistance with the position description and development of evaluation questions for the fire chief position. I have not assisted any of the members of the current Fire Commission and I was not involved in the evaluation process in Mr. Perreira's appeal. My son has been employed with the Hawaii Fire Department for nearly seven years and, currently, is a Fire Equipment Operator for the Department. I recused myself for the recruitments he applied for, and other staff in the Recruitment and Examination Division took charge of the entire recruitment and examination process whenever my son was an applicant. In July 2020, I thanked Mr. Perreira who was then the Acting Fire Chief for checking to see if my son was okay after my son tragically lost a friend, who was a fellow firefighter, in an auto accident. I also saw Mr. Perreira in November 2020 at an award ceremony at the Fire Department where my son received an award, and Mr. Perreira and I had a brief small talk type of conversation. Neither my son's current employment with the Fire Department, nor these interactions with Mr. Perreira as the Acting Fire Chief will affect my objectivity in any way in this appeal. In closing, I believe that I can be fair and objective in hearing both parties that of Mr. Perreira and that of the Fire Commission in the appeal of Mr. Robert Perreira. Page 4 Merit Appeals Board May 26, 2021 At this time, I'd like to ask are there any concerns or objections to my participating in the appeal hearing of Mr. Robert Perreira? MS. MATHEWS: I have none. MR. KUNZ: I have none. CHR. CABANAS: Okay. I don't hear any objections being made, but there is one more thing that I need to address as the Chair—and that is the jurisdictional issue. If MAB the Merit Appeals Board has jurisdiction over Mr. Robert Perreira's appeal—in that, the Fire Chief position is an appointment position by the Fire Commission. So, I want to put it out there, if there are any concerns about the jurisdiction the jurisdictional issue. MR. KUNZ: Sinclairoh, I'm sorry. CHR. CABANAS: Mr. Brilhante, you have you may come up to theoh, sorry, Bill, you may come up to the to this area. MR. BRILHANTE: Hi, good morning, Chair Cabanas, and Merit Appeal Board members. William Brilhante, I'm the Director for the Department of Human Resources. I just wanted to put a brief statement on the record regarding this matter of whether or not this body has jurisdiction over the current request for an appeal filed by the former chief—assistant— or hiefassistantor Deputy Chief Robert Perreira. The Fire Commission is tasked by the Charter to appoint a fire chief. And that process is clearly independent of the Department of Human Resources. They set the requirements well, the requirements are set forthclearly, within the Hawaii County Charter. And they're vetted by the Fire Commission. The question I put forward to this body and this Board is whether or not the parameters of the Merit Appeals Board encompasses actions by the Fire Commission. And that's my concern. The Fire Commission acts independently and, again, they're authorized through the Charter and I'm not sure if this Committee (sic.) would have any oversight over the Fire Commission. In my opinion, again, an unofficial opinion, I would think the proper process for adjudication of this matter should be as with any other entity who felt that they were aggrieved by the actions of the County would be through the legal process. I'm not sure that the Commission (sic.) is the appropriate venue for this matter. Thank you. I'm happy to answer any questions. Page 5 Merit Appeals Board May 26, 2021 CHR. CABANAS: Are there any questions from the Board to Mr. Brilhante's comments? If not, thank you, Mr. Brilhante. MR. BRILHANTE: Thank you. MS. FURMAN: I believe the Board is going to have the parties brief the issue. And the issue is whether this Board has jurisdiction over this appeal under Hawaii Revised Statutes seven Section 76-14, subsection (a). The parties are going to have a briefing deadline, which is as follows: June 9 is the County's deadline to file its brief regarding the issue, and the brief should be served on the Appellant. On June 23rd is the Appellant's deadline to file his responsive brief regarding this issue. And June 30d' is the County's deadline to file a reply, if the appellant files a responsive brief. The Board is going to set a hearing on this issue on July 12 and the hearing is just on the jurisdictional issue where this Board will hear argument on the respective positions regarding this issue. And if this Board finds that it has jurisdiction, then this Board on June (sic.) 12d', will set a further date or future date to actually have the hearing on the merits for the contested case hearing. So, the parties don't need to bring witnesses or anything on July 12d'. That date for a contested case hearing would be set for a future date, if the Board finds that it has jurisdiction over this matter. And, Ms. Yamada—what time on July 12d' is the meeting going to occur when the hearing is going to be held? CHR. CABANAS: Ms. Furman, I'd like to just interject. MS. FURMAN: Yes. CHR. CABANAS: I need to ask the Board if they're available on July 12d' and so can I I'm going to do that first. So, Board members, are you available on July 12'h that's a Monday, I believe, and I was looking at ten a.m. to make it convenient for everybody. MR. KUNZ: I'm available. MS. MATHEWS: I'm available also. CHR. CABANAS: Okay. Mr. Ventura, are you available on July 12'? MR. VENTURA: Yes, I am available. CHR. CABANAS: Okay. So, we're looking at July 12d', Monday, at ten a.m. at the Council Chambers at the Hawaii County Building in Hilo. Page 6 Merit Appeals Board May 26, 2021 Before I forget, thank you, Sinclair. Mr. Salas-Ferguson is the Board's attorney for our meetings. But Ms. Amanda Furman from the Attorney General's Office is our attorney for the hearing itself. So, I just wanted to make that distinction. We have two different things going on here, legally. So, okayso, I need to entertain a motion to set the meeting the hearing rather to set the hearing date for July 12d', a Monday, at ten a.m. in the Council Chambers with also Zoom capability for our attorney general—deputy attorney general and Mr. Ventura. May I have a motion please? MS. MATHEWS: So moved. MR. KUNZ: Second. CHR. CABANAS: Thank you. So, the motion is to have the meeting the hearing rather scheduled for July 12d', 2021, at ten a.m. in the Council Chambers with Zoom capability for our deputy attorney general and our other Board member in Kailua-Kona. So, may I have the vote starting 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. The motion has been approved. I also—okay, so moving along, I'd just like to reiterate, the purpose of the hearing on July 12d', it's to discuss the jurisdictional issue as to whether the Merit Appeals Board has jurisdiction to hear the appeal of Mr. Robert Perreira. And so, the deadlines as set forth—as our deputy attorney general stated, are as follows: The County's response in dealing with the issue is June 9h; the Appellant's response is June 23rd; the County's deadline to respond, if the Appellant responds is June 30d'. And so, I would like to also receive a motion for these deadlines to be set forth. So, may I entertain a motion for these deadlines please. MR. KUNZ: So moved. MS. MATHEWS: Second. Page 7 Merit Appeals Board May 26, 2021 CHR. CABANAS: Thank you. And so, I will call for the vote starting 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 has been carried. With these deadlines for the Appellant and the County of Hawaii to adhere to: June 9d', June 23rd, and June 30d' with the hearing scheduled for July 12d', 2021. Parties will need to submit all documents to the Board's secretary who is Glynis Yamada via email and regular mail or it can be hand -delivered, and to the opposing party. All parties the Merit Appeals Board requires one original and eight copies for all submittals. Director's Report (Item 8) Brief Departmental Overview/Update CHR. CABANAS: Before we continue with the hearing that's on the agenda, I'm going to ask that our Director of Human Resources, Mr. Brilhante, approach the Merit Appeals Board with his "Director's Report." The reason being that he is being called to a Cabinet meeting and he needs to be there on a timely basis. So, I'm going to take that—we'll take that first. So, Mr. Brilhante, you now have the floor. MR. BRILHANTE: Again, thank you very much, Chair—and, again, good morning, Board members. William Brilhante, Director, Department of Human Resources. What I wanted to do was to provide a brief departmental overview of some issues that were brought to my attention at the last Board meeting, specifically, from Chair Cabanas regarding our Recruitment and Examination Division. I wanted to place on the record that the Chair requested information regarding the Recruitment and Examination Division's continuous auditing of interview and examination processes for each of the departments. As you may or may not know, the departments are tasked with the responsibility of appointing new employees. And so, we, Central HR, provides the oversight for that process. For some of the departments, we do the initial vetting process of the applicants, and with Police and Fire they conduct their own internal promotions. I'm sure we'll hear more of that later on today. Page 8 Merit Appeals Board May 26, 2021 The specific question from the Chair was whether or not we've been providing continuous auditing of that process. I just wanted to report to the Chair that auditing was suspended during the pandemic. So, it's been about 12 months since we conducted a departmental audit. Going forward, earlier this week, I re-initiated the auditing procedures and schedules. We will be auditing two departments this month regarding their hiring practices, specifically, their interview and selection processes. The goal is to at least do two departments a month or three every two months. Not only does it keep everybody on their toes, but it reinforces the process. `Cause for me, myself, I know that personally I learn more when I'm questioned, and when I'm asked to perform and asked to defend actions. That's the greatest way to learn a process. That allows us to be able to engage and to effectuate proper departmental procedures and policies with recruitment. That's really key. The auditing process is a great way for us to ensure that everything's being done properly and correctly and the policy and procedures are being followed. I just wanted to put that on the record in response to your question, Chair. The second item I wanted to discuss is with much trepidation, although there's some excitement as well. I submitted my retirement packet to the ERS at the beginning of the week. My anticipated retirement date is August 1't I'm sorry, July 1st I will be submitting a formal letter at the beginning of June providing (inaudible)—close to 30 days' notice as possible. But, like I said, it's with trepidation. I do have the opportunity to pull back the anticipated retirement date prior to June 30th. As of now, the plan is to go forward with my retirement. And it's not really a retirement. It's just a break from 28 years of County service11 years with the Fire Department, three years with the AG's office, and then over 12 years with Corporation Counsel, and now these last four or five years with HR. It's been a very rewarding experience working in County government. Although, like I said, there's a lot of trepidation. I'm not sure I'm making the right decision, but we'll go with it. I'll keep the Board informed. As you know, you're tasked with appointing the director and evaluating the directorso, that could be quite an undertaking for you when it comes to picking my predecessor. Might be easy though! So, anyway, I enjoyed the selection process when I got appointed to this Board. It was hard, however, it made me appreciate the responsibility associated with this position. I came in at, somewhat of a trying time. With the assistance of Chair Cabanas and my staff, I hope we were able to re -instill trust whether it be public trust or County employee trust in our department to ensure that such a valued process of County employment was followed properly and was being done correctly, and selections were being based on merit and more of what you know and what you can bring to the table, as opposed to who you know and who's bringing it to the table. I'm confident and I hope that I was able to re -instill that trust in both the general public and with our County employees. So, with that, I'll be in formal communication with the Board moving forward through written notification. Thank you very much. And that completes my report. Page 9 Merit Appeals Board May 26, 2021 CHR. CABANAS: Thank you, Director Brilhante. Do the Board members have any comments or questions for our director? We'll start with Mr. Ventura. MR. VENTURA: Hey, Bill, this is Mel. I just want to say "congratulations" and much mahalo—and, yeah, good luck to you. I'm envious. MR. BRILHANTE: Thank you very much. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: We just recent—briefly met. And although I've heard about you forever and I want to thank you very much for your time. I wish it wasn't happening right now, but congratulations. Retirements the best—until you get recruited to a board. MR. BRILHANTE: Thank you very much. I look forward to that, actually, and I guess I'm not retiring. I'm actually—we have a family business and there was a decision being made as to whether or not with the passing of my dad—whether or not we should close down that business. I just couldn't see that happen. So, that's what I'll be doing, helping with the family business. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Bill, congratulations. I know we've known each other for a few decades and your family, and my wife as well. But I know you've been around the horn already with the different positions you've held here, but I really appreciate you providing public service. And, of course, through the HR—for the short stint that we were all here you were certainly very clear with everything with us and I really appreciate it. So, all the best. MR. BRILHANTE: Thank you very much. I look forward to seeing you on the tennis court. CHR. CABANAS: And this is Ms. Cabanas. I just want to state that I have known Bill for quite a while when he was with the Fire Department and he moved on to the Office of the Corporation Counsel and then he became our director. And I had helped, actually, the Merit Appeals Board with that interview and selection process—and Bill was one of the candidates and the Board actually appointed him. And Bill actually came to our department—and I want to say "our" because I was there then. But he came to the Department of Human Resources at a very, very trying time. We had situations that were crazy for the lack of a better word. And he steered the department out of those muddy waters. And so, I really want to thank you, Bill. I've always enjoyed working with you. MR. BRILHANTE: That's definitely been that's mutual respect and admiration for you, Gabe. Page 10 Merit Appeals Board May 26, 2021 CHR. CABANAS: And in closing, I just want to say that whatever we do—whatever we do trust is so important. And the Department of Human Resources, I would like to think, is still trustworthy with Bill at the helm. I get a little emotional because we've been through a lot as a staff member working with Bill as a manager—we've been through a lot. And so, I really want to thank you so much. MR. BRILHANTE: I think I should be thanking you `cause you made me look good. So, thank you very much. CHR. CABANAS: Okay. So, I just want to, in closing, to say I wish you the best, Bill, and I know you would do really well at your family business and carrying the memory on of your dad, which I know means so much to you. So, we understand. MR. BRILHANTE: Thank you. Thanks. CHR. CABANAS: Going back to the director's report, I just do have one question to ask you. And that is, when I was there working for the department, the Legislative Auditor said they were going to come back to the department to audit the Department of Human Resources in terms of what the department was doing in auditing the departments interview packets, in keeping that trust element that is so vital that the public really needs to know the departments are doing things correctly, accurate, et cetera, in accordance with the Merit System Principle. That's why I asked you to submit a little report to the Board. I thought that was very significant. Now, the former legislative auditor left. She resigned and now there's a new auditor. So, are they—is that auditor coming back now to audit the department? MR. BRILHANTE: Chair, in response to that question. You're absolutely correct in that it was. We don't know what the schedule of the leg. auditor is and will be going forward. But I did have informal discussions with the previous auditor before she left, and she indicated to me that they were going to come back to our office some time during the first half of this year and do a follow-up audit of the hiring practices. Unfortunately, Bonnie left. And in the interim Maxinne Pacheco was appointed to be the temporary leg. auditor. I had follow-up discussions with Maxinne during that period of time. Maxinne reiterated and confirmed that although the process was being pushed back a little, they were planning on coming back and doing a follow-up audit of the hiring practices through our departments as well as Countywide. Unfortunately, I haven't had the opportunity to sit down and have a discussion with the new auditor who was just recently selected by the council. I think he starts at the beginning of July is my understanding. I—don't quote me on that but so the plan was to, kind of, touch base with him when he comes on board, and to just ensure that the audit doesn't fall through the cracks because I think it's very important that we are able to show proof and evidence that we are doing things properly going forward. Page 11 Merit Appeals Board May 26, 2021 I felt the audit was yeah, it wasn't a great thing the results of the audit. But, from my coaching background, one of the things I hold fast to is the fact that you learn more from a loss than you do from a victory. I classifyI identified the audit as a loss. And but it gave us the opportunity to learn so much from what our shortcomings were and what we needed to do to make things better. And what I want to do is I want to have another game. I want to play another game. Have the opportunity to have another match and be able to show the audit—the auditor that we have made the corrections. We have re-established and are following the proper policies and procedures and that there shouldn't be any question. There shouldn't be any issues regarding trust and whether or not the process is being performed correctly. So, I value and I look forward to the follow-up audit and I would like to see it happen just as much as everybody else in my office. CHR. CABANAS: Thank you for those comments. I believe the legislative auditor the audit was, if my memory serves me correct—was that the department would provide an annual report to the legislative auditor. So, even when I was there, we submitted a written report to the auditor's to show the auditor that, yes, there were improvements, there were changes in processes. And so, the auditor knew that the audit results was not for naught, that we did follow- UP - But, specifically, the auditor is coming to review the department's staff auditing those interview packets. And that's what is, I think, the last element of that audit report. So—and then, the staff, to reflect how much the staff have been doing as well `cause that is a lot for them to do. MR. BRILHANTE: I'll definitely follow-up with the auditor to make sure that all those items are being followed through with. CHR. CABANAS: Thank you very much. And thank you for your "Director's Report." Any questions from the Board for our director? Okay. Thank you, Bill. MR. BRILHANTE: Thank you. Page 12 Merit Appeals Board 10:00 a.m. Hearing Re Communication No. 21-01 May 26, 2021 CHR. CABANAS: Okay. Moving along, following our agenda are three items. We're going to go into the hearing for Mr. Joseph DiNapoli. There are three communications that I need to read to everyone. The first one is Communication Number 21-01. 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 (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: Mr. DiNapoli, you requested for your hearing to be a closed hearing? Is that correct? MR. DiNAPOLI: Yes. CHR. CABANAS: Do you still want it to be a closed hearing? MR. DiNAPOLI: Yes. CHR. CABANAS: Okay. So, with Mr. DiNapoli's request for a closed hearing, I'm going to ask our Board for a motion to go into an executive—okay, I'm sorry, it's not the executive session, yet. It's just a closed hearing. So, we will start with our closed hearing at 10:40 a.m. RECESS: The Chair called for a recess at 10:40 a.m. to convene the closed hearing. RECONVENE: The meeting reconvened in open session at 2:14 p.m. New Business (Item 6) CHR. CABANAS: Okay. Thank you everybody. We have no "New Business." Page 13 Merit Appeals Board Unfinished Business (Item 7) May 26, 2021 Review Of Executive Session Minutes: March 31, 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 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: So, let's move on to the "Unfinished Business" and the review of our executive session minutes of March 31, 2021. So, may I have a motion at this time for the Board to go into executive session to review our executive session minutes of March 31st, 2021? MR. KUNZ: So moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you, Mr. Kunz and Ms. Mathews. So, we will now take a vote to approve the motion madeso, sorry. Mr. Ventura, I need a little bit more time to review the minutes, so we're going to take a recess for maybe ten minutes. MR. VENTURA: Okay. CHR. CABANAS: Okay. If that's okay with everyone? Okay, thank you. So, we'll be back at 2:25. Thank you. RECESS: The Chair called for a recess at 2:15 p.m. RECONVENE: The meeting reconvened at 2:25 p.m. CHR. CABANAS: Okay. Okay, everyone, we will now resume our meeting. Mr. Ventura, are you there? MR. VENTURA: Yes, I'm here. CHR. CABANAS: Okay, good. Thank you. Okay. So, may I have a motion to approve the executive session minutes of March 31st, 2021? MS. MATHEWS: So moved. MR. KUNZ: Second. Page 14 Merit Appeals Board May 26, 2021 CHR. CABANAS: Thank you, Ms. Mathews and Mr. Kunz. So, the motion is to approve the executive minutes of March 31 ", 2021. May I have your vote, Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: If you want to discu—okay. So, Ms. Mathews is asking about calling for a discussion. Does the Board want to discuss the minutes? If not, we will just go to the roll call vote. Okay, we will go to the roll call vote. Mr. Ventura, I acknowledge your "aye" vote. Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion has been carried to approve the executive session minutes of March 31 ", 2021. Director's Report (Item 8) Brief Departmental Overview/Update (Previously taken out of order.) Schedule Next Meeting Date (Item 9) CHR. CABANAS: Next on the agenda is scheduling our next meeting day. We will have a Special Meeting of the Board on June 7d', 2021, at 10:15 a.m. On June 23rd 2021, we will have our regular meeting at ten a.m. For both meetings, the location will be at the Council Chambers at the Hawaii County Building in Hilo, with Zoom capability for Mr. Ventura and our attorneys, if need be. Adiournment (Item 10) CHR. CABANAS: May I have a motion to adjourn today's meeting? MS. MATHEWS: So moved. MR. KUNZ: Second. CHR. CABANAS: Thank you, Ms. Mathews and Mr. Kunz. The meeting is now adjourned at 2:29 p.m. Do we have to vote? Oh, I'm sorry. I'm so sorry. Okay, so the motion is to appro— adjourn today's regular meeting. Mr. Ventura, may I have your vote? Page 15 Merit Appeals Board May 26, 2021 MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to adjourn today's meeting at 2:30 p.m. Thank you everyone. Respectfully submitted, ii Glynis Yam , Secretary-Reporter APPROVED: yCiAitt.t.U_' CO A. 1� Gabriella M. Cabanas, Chair Merit Appeals Board Page 16