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Home My WebLink About2021-10-29 Merit Appeals Board AgendaMitckeLL D. Rotel n eeor Hawaii County Dept. of Human Resources 10/22/2021 02:16:40 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 October 29, 2021 (Friday) 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 State's COVID-19 Delta Response dated October 1, 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, Thursday, October 28, 2021. Anyone wishing to testify orally via Zoom must sign up by 12 noon, Thursday, October 28, 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 10/22/2021 02:16:40 PM Merit Appeals Board October 29, 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 COMMUNICATION NO. 21-04 Communication No. 21-04, received on August 19, 2021, appealing a recruitment and examination action (application for a Planner I position rejected due to the lack of the minimum required education and experience) by County of Hawaii Human Resources Department; and Communication No. 21-04.01, received September 27, 2021, regarding Appellant's Witness and Exhibit lists; and Communication No. 21-04.02, received September 27, 2021, regarding County's (hereinafter referred to as "Appellee") Witness and Exhibit List; Certificate of Service; and Communication No. 21-04.03, received October 15, 2021, regarding Appellant's Exhibit No. 11; and Communication No. 21-04.04, received October 15, 2021, regarding Appellant's Exhibit No. 12. 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. Hawaii County Dept. of Human Resources 10/22/2021 02:16:40 PM Merit Appeals Board 4) Approval of Minutes o September 15, 2021 Review of Executive Session Minutes o September 15, 2021 October 29, 2021 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) 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) Communication No. 21-05, from Human Resources Acting Director Waylen L. K. Leopoldino, dated October 20, 2021, responding to the Merit Appeals Board request for information concerning the "County of Hawai`i's Department of Human Resources Hiring Practices, Report No. 2017-03, September 7, 2017." 6) New Business (for discussion and appropriate action) A) Discussion concerning inviting Human Resources Acting Director Waylen L. K. Leopoldino and his Division Managers to provide an overview to the Merit Appeals Board concerning the respective divisions within the Department of Human Resources (Administrative Services; Recruitment and Examination; Classification and Pay; Labor Relations; Personnel and Organizational Development; Equal Opportunity; Health and Safety; and Workers' Compensation). (New Business continued on the next page) Hawaii County Dept. of Human Resources 10/22/2021 02:16:40 PM Merit Appeals Board October 29, 2021 B) Discussion regarding seeking an opinion from the Board of Ethics by Merit Appeals Board Member Gabriella M. Cabanas, concerning whether she may have a conflict of interest on any future appeals filed against the Acting Director of Human Resources before the Merit Appeals Board. 7) Unfinished Business (for discussion and appropriate action) A) Selection Process for Filling the Position of New Director of Human Resources Assessment and review of selection process for filling the position, timeline, advertisements, and interview and selection process. 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. B) Communication No. 21-01.04, from Amanda Furman, Deputy Attorney General, transmitting the Findings of Fact, Conclusions of Law (FOF COL) and Decision and Order concerning Communication No. 21-01, appealing a recruitment and examination action (discharge as a Police Officer I during 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 that the instant appeal be denied. Board action required: Approval ofFOF COL 8) Director's Report o MAB Quarterly Reports: July - September 2021 o Job Performance Report (JPR) Update 9) Schedule Next Meeting Date Hawaii County Dept. of Human Resources 10/22/2021 02:16:40 PM Merit Appeals Board October 29, 2021 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.