HomeMy WebLinkAbout2021-06-28 Merit Appeals Board MinutesMerit Appeals Board
Hilo Council Chambers
Hawaii County Building
25 Aupuni Street, First Floor, Room 1401
Hilo, Hawaii
June 28, 2021 (Monday)
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 Gabriella M. Cabanas, at the Hilo Council Chambers, Hawaii County
Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Monday, June 28, 2021.
Roll Call — Present
Ms. Gabriella M. Cabanas, Chair
Mr. Mel Ventura, Vice -Chair (via Zoom)
Mr. Charles Kunz, Member
Absent and Excused
Ms. Gay Mathews, Member
Also Present
Mr. William V. Brilhante, Jr., Director, Department of Human Resources
Mr. Waylen L. K. Leopoldino, Deputy Director, Department of Human Resources
Mr. Sinclair Salas-Ferguson, Deputy Corporation Counsel, Office of the Corporation Counsel
Ms. Glynis Yamada, Secretary -Reporter, HR Department
Mr. Relley Araceley, Legislative Information and Reference Technician
Note: As part of the response to the threat of COVID-19, Governor David Ige issued a
Twenty -First Proclamation Related to the COVID-19 Emergency dated June 7, 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)
June 28, 2021
CHR. CABANAS: Good morning, everyone, this is Gabriella Cabanas, Chair of the Merit
Appeals Board calling the regular meeting of the Merit Appeals Board to order on June 28, 2021,
at ten a.m.
We have quorum today with Mr. Mel Ventura, our Vice -Chair sitting in via Zoom from Kailua-
Kona. Good morning, Mr. Ventura.
MR. VENTURA: Good morning.
CHR. CABANAS: Good morning. And here in the Council Chambers at the Hawaii County
Building in Hilo are Charlie Kunz, fellow Board member. Good morning, Mr. Kunz.
MR. KUNZ: Good morning.
CHR. CABANAS: And so, Gay Mathews is excused but we do have quorum with three
members present.
Also present is our Director of Human Resources, William Brilhante, Jr. Good morning, Bill.
MR. BRILHANTE: Good morning, Gabe.
CHR. CABANAS: And our Deputy Corporation Counsel, Sinclair Salas-Ferguson. Good
morning, Sinclair.
MR. SALAS-FERGUSON: Good morning.
CHR. CABANAS: Our Secretary -Reporter, Glynis Yamada. Good morning, Glynis.
MS. YAMADA: Good morning.
CHR. CABANAS: And we have our Deputy Director of Human Resources,
Waylen Leopoldino. Good morning.
MR. LEOPOLDINO: Good morning.
CHR. CABANAS: And we have Relley Araceley from the Clerk's Office manning the
computers for us. So, good morning, Relley, thank you for all your help.
MR. ARACELEY: Good morning.
CHR. CABANAS: So we have quorum. Thank you, everyone.
Page 2
Merit Appeals Board
Addendum to Agenda (Item 2)
None.
Statements from the Public (Item 3)
CHR. CABANAS: We have no "Statements from the Public."
Approval of Minutes (Item 4): April 26, 2021
June 28, 2021
CHR. CABANAS: Following the agenda, we do have the minutes of April 26, 2021. Just a
friendly reminder to the Board members, when speaking, if you could please open your mics. so
that the meeting is recorded.
So, have we had the chance to review the minutes of April 26, 2021?
MR. KUNZ: Yes.
CHR. CABANAS: Okay. May I have a motion to accept the meeting minutes.
MR. KUNZ: So moved.
CHR. CABANAS: Thank you, Mr. Kunz. Do I have a second?
MR. VENTURA: Second.
CHR. CABANAS: Thank you, Mr. Ventura. So, the motion is to approve the meeting minutes
of April 26, 2021. So, we'll do a rollcall vote. Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
MR. KUNZ: Aye.
CHR. CABANAS: Ms. Cabanas—aye.
The meeting minutes have been approved with three votes saying "aye" and the meeting minutes
will be bled.
Page 3
Merit Appeals Board
Communications (Item 5)
June 28, 2021
Communication No. 21-03, Dated June 7, 2021, From William V. Brilhante, Jr., Director
Of Human Resources, Notifying The Board Of His Resignation From His Position As The
Director Of Human Resources, Effective July 1, 2021
CHR. CABANAS: Next on the agenda is the Communication Number 21-03. Are there any
comments from the director regarding this communication?
MR. BRILHANTE: No, none at this time. I said at the last meeting I expressed the rationale
and the reasons and the justification for the submittal of the letter. And, like I said, it's with a
very what's the word I'm looking for—very painful heart that the letter was submitted.
But with County government, no matter who's behind the wheel—County government will still
go forward. And I think with Waylen, the department will be in good hands and I'm sure the
timing with Gabe as the Chair—and I look at the makeup of the MAB membersI think the
Board is well positioned to select a replacement who will be very well-qualified and would do a
great service for the County going forward.
So, with that, I yield.
CHR. CABANAS: Okay. Thank you, Director. May I have a motion to accept the
Communication Number 21-03 from Mr. William V. Brilhante, Jr., notifying the Board of his
resignation from the position as the Director of Human Resources, effective July 1, 2021.
MR. VENTURA: I so move.
CHR. CABANAS: Thank you, Mr. Ventura. May I have a second.
MR. KUNZ: Second.
CHR. CABANAS: Thank you, Mr. Kunz. So, the motion is to accept the Communication
Number 21-03, dated June 7, 2021, from William V. Brilhante, Jr., Director of Human
Resources, notifying the Board of his resignation from his position as the Director of Human
Resources, effective July 1, 2021.
We will start the rollcall vote with Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
MR. KUNZ: Aye.
Page 4
Merit Appeals Board June 28, 2021
CHR. CABANAS: Ms. Cabanas—aye.
Motion carried to accept and file Communication Number 21-03.
New Business (Item 6)
Confirmation Of The Appointment Of Deputy Director Of Human Resources Waylen L. K.
Leopoldino, As The Acting Director Of The Department Of Human Resources, Pursuant
To Hawaii Revised Statutes, Section 76-76
CHR. CABANAS: Moving along on the agenda—"New Business." May I have a motion to
confirm the appointment of Mr. Waylen Leopoldino as the Acting Director of Human Resources
in accordance with Section 76-76 of the Hawaii Revised Statutes.
MR. BRILHANTE: Chair, if I may just for clarification.
CHR. CABANAS: Sure.
MR. BRILHANTE: I think that would be the appointment of Waylen—effective 7-1-2021.
Correct?
CHR. CABANAS: Yes.
MR. BRILHANTE: I would hate to have two directors
CHR. CABANAS: Yes.
MR. BRILHANTE: —for the next couple of days.
CHR. CABANAS: That's correct. That's correct—July 1, 2021. Because your service
retirement actually is effective July 1, 2021. And, actually, your resignation is June 30'', 2021,
close of business. So, that's correct. Thank you for noting that.
MR. BRILHANTE: No, I appreciate that. I appreciate the clarification. Thank you very much.
CHR. CABANAS: Just as a HR technical point. Okay. So, again, going back—may I have a
motion to confirm the appointment of Waylen Leopoldino as the Acting Director of Human
Resources, effective July 1, 2021.
MR. KUNZ: So moved.
CHR. CABANAS: Thank you, Mr. Kunz. May I have a second.
MR. VENTURA: Second.
Page 5
Merit Appeals Board
June 28, 2021
CHR. CABANAS: Thank you, Mr. Ventura. So, let's do a rollcall vote on the matter. Starting
with Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
MR. KUNZ: Aye.
CHR. CABANAS: Ms. Cabanas—aye.
Motion carried to confirm the appointment of Mr. Waylen Leopoldino as the Acting Director of
Human Resources pursuant to Hawaii Revised Statutes, Section 76-76, effective July 1, 2021.
Mr. Leopoldino, you're here in the Council Chambers. Would you like to address the Board?
MR. LEOPOLDINO: Good morning, Chair Cabanas, and members of the Merit Appeals Board.
My name is Waylen Leopoldino and I am the Deputy Director with the Department of Human
Resources.
And thank you for giving me the opportunity to say a few words. I know you are all very busy
this morning, so I won't take too much time. But I do want to express my gratitude to you all for
giving me this opportunity to serve as Acting Director from July 1st
I also want to express a sincere gratitude to my boss, my friend, and my colleague, Bill—for
being a great mentor over the last few years and the few years that I worked with him before I
left to move to the mainland. So, Bill has been a great mentor for me so I wanted to express my
gratitude to him as well.
I, especially, want to express a gratitude to my colleagues back at the Department of Human
Resources. We got an amazing team and I look forward to leading that team until a permanent
director is named. And I also have to express my gratitude to my family and friends who have
supported me over the years.
My career has progressed pretty quickly, one might say but I couldn't do it without the support
of everyone. My mentors, a few of you are here today—my supervisors and my colleagues back
at Human Resources.
So, again, I want to thank you for this opportunity and I will do my best. I will work hard as
your Acting Director. My door is always open, if any of you have any questions or comments. I
look forward to working with each and every one of you. Thank you.
CHR. CABANAS: Thank you, Mr. Leopoldino. I think it's safe to say that the Board wishes
you the best and your HR team, to carry on and do the best work that you can to uphold the Merit
System and to assist the departments in every way possible in the various HR matters.
Page 6
Merit Appeals Board
June 28, 2021
So, good luck to you in the "acting" capacity until the Board decides later—at a later time—on
how we will move forward with filling the position on a permanent basis. So, good luck to you
and the team.
MR. LEOPOLDINO: Thank you very much.
Unfinished Business (Item 7)
FY 2020-2021 Annual Performance Evaluation Of The Director Of Human Resources
(HR): Presentation By The Director Of HR Regarding Department's Goals And
Objectives For FY 2020-2021; SurveyMonkey Results For FY 2020-2021; NeoGov Survey
Results For FY 2020-2021 (Recruitment And Examination Division); Discussion
Concerning Recognition Of Director Of Human Resources William V. Brilhante's
Dedicated Service To The County Of Hawaii (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: Okay. Moving along. We have "Unfinished Business" for discussion and
appropriate action. And this concerns the Fiscal 2020-2021 Annual Performance Evaluation of
the Director of Human Resources.
Director Brilhante, before I ask for a motion, do you have any comments that you'd like to make
to the Board?
MR. BRILHANTE: At this time, I would like to request, as the holder of the privilege for my
performance review, that we do move into executive session.
CHR. CABANAS: Okay. Sure. So thank you very much. So, may I ask for a motion for the
Board to enter into executive session so that we may discuss the following three matters—well,
to discuss the annual performance evaluation of the director of human resources for Fiscal Year
2020-2021. And it will include the presentation by the director of human resources regarding the
department's goals and objectives for Fiscal Year 2020-2021. It will also govern the
SurveyMonkey results for Fiscal Year 2020-2021 and a discussion concerning the recognition of
the Director of Human Resources William V. Brilhante's dedicated service to the County of
Hawaii. May I have a motion, please?
MR. VENTURA: I so move.
CHR. CABANAS: Thank you, Mr. Ventura. May I have a second?
Page 7
Merit Appeals Board
MR. KUNZ: Second.
June 28, 2021
CHR. CABANAS: Thank you, Mr. Kunz. So, the motion is to go into executive session to
discuss the three matters that I just read and we will begin with a rollcall vote with Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
MR. KUNZ: Aye.
CHR. CABANAS: Ms. Cabanas—aye.
We have three "aye" votes so motion has been carried for us to go into executive session. And
we will now transition into executive session at 10:14 a.m. Thank you, everyone.
RECESS: The Chair called for a recess at 10:14 a.m. to convene executive session.
RECONVENE: The meeting reconvened at 1:15 p.m. in open session.
CHR. CABANAS: Our executive session has ended and we are now in open session at 1:15
p.m.
Thank you, Mr. Brilhante, for waiting while we were in executive session discussing your annual
evaluation. Our Secretary -Reporter is going to get Nancy Cook -Lauer back online so we'll take
a short recess.
RECESS: The Chair called for a recess at 1:16 p.m.
RECONVENE: The meeting reconvened at 1:17 p.m. in open session.
CHR. CABANAS: Okay, thank you everyone. So, we are now in open session and we will
the Board will now conduct their vote on the annual evaluation of the director of human
resources for the Fiscal Year 2020-2021.
May I have a motion for the vote to occur. May I have a motion from the Board members as to
whether the Director of Human Resources meets the expectations or does not meet the
expectations for Fiscal Year 2020-2021.
MR. VENTURA: I move that the Director be rated as meeting expectations.
CHR. CABANAS: Thank you, Mr. Ventura. May I have a second?
MR. KUNZ: I second.
Page 8
Merit Appeals Board
June 28, 2021
CHR. CABANAS: Thank you, Mr. Kunz. So, the motion is made to rate the annual evaluation
for the Director of Resources for Fiscal Year 2020-2021 as meets expectations. May I have a
rollcall vote starting with Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
MR. KUNZ: Aye.
CHR. CABANAS: Ms. Cabanas—aye.
Ayes carry it. So, the annual evaluation for the Director of Human Resources for Fiscal Year
2020-2021 is meets the expectations.
Congratulations, Mr. Brilhante.
MR. BRILHANTE: Thank you very much. I'm almost—what's the term I'm looking forI
would be on edge or to actually be part of the process, the deliberation process. Maybe I'm glad
you guys did that in executive session.
CHR. CABANAS: We are in open session and, again, congratulations again for meeting the
expectations. It's been a rough year for everyone and the Board feels that you have met the
expectations.
We would like to go into executive session, but I'll need a motion. And the reason why the
executive session is so that we can further discuss in detail about the goals that you had
established and the various performance categories.
So, may I have a motion from a Board member to go into executive session with Mr. Brilhante.
MR. KUNZ: So moved.
CHR. CABANAS: Thank you, Mr. Kunz. May I have a second?
MR. VENTURA: Second.
CHR. CABANAS: Thank you, Mr. Ventura. Motion carried for the Board to go back into
executive session. Oh, no, we have to voteI'm sorry. So, that's the motion, so with the
rollcall vote, Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
Page 9
Merit Appeals Board June 28, 2021
MR. KUNZ: Aye.
CHR. CABANAS: Ms. Cabanas—aye.
Motion carried to go into executive session at 1:20 p.m. Thank you, everyone.
RECESS: The Chair called for a recess at 1:20 p.m. to convene executive session.
RECONVENE: The meeting reconvened at 1:50 p.m. in open session.
CHR. CABANAS: Okay. Good afternoon, everyone, we are now in open session at 1:50 p.m.
Director's Report (Item 8)
CHR. CABANAS: Following the agenda there is no "Director's Report."
Schedule Next Meeting Date (Item 9)
CHR. CABANAS: We need to schedule our next meeting. The Merit Appeals Board will
convene a meeting on Monday, July 12, 2021, at ten a.m. at the Hilo Council Chambers, Hawaii
County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii.
May I have a motion to schedule the next meeting date for July 12, 2021.
MR. VENTURA: I so move.
CHR. CABANAS: Thank you, Mr. Ventura. May I have a second.
MR. KUNZ: Second.
CHR. CABANAS: Thank you, Mr. Kunz. Motion made to schedule the next Merit Appeals
Board meeting on Monday, July 12, 2021, at ten a.m. at the Hilo Council Chambers, Hawaii
County Building, 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. I'll start with the
rollcall vote with Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
MR.KUNZ: Aye.
CHR. CABANAS: Ms. Cabanas—aye.
Motion carried to schedule our next Board meeting on Monday, July 12, 2021, at ten a.m. at the
Hilo Council Chambers in the Hawaii County Building in Hilo, Hawaii.
Page 10
Merit Appeals Board June 28, 2021
Adjournment(Item 10)
CHR. CABANAS: Okay. If there are no other matters, may I have a motion to adjourn today's
meeting.
MR. KUNZ: So moved.
CHR. CABANAS: Thank you, Mr. Kunz. Mr. Ventura.
MR. VENTURA: Second.
CHR. CABANAS: Thank you. Motion made to adjourn today's meeting at 1:52 p.m. Rollcall
vote starting with Mr. Ventura.
MR. VENTURA: Aye.
CHR. CABANAS: Mr. Kunz.
MR. KUNZ: Aye.
CHR. CABANAS: Ms. Cabanas—aye.
Motion carried. Meeting is now adjourned at 1:52 p.m.
Respectfully submitted,
il4bUI1U )
Glynis Yam , Secretary-Reporter
APPROVED:
✓tA unit. . Cl 1221144
Gabriella M. Cabanas, Chair
Merit Appeals Board
Page 11