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Home My WebLink About2022-02-11 Merit Appeals Board AgendaMitckeLL D. Rotel n eeor Hawaii County Dept. of Human Resources 02/04/2022 02:15:45 PM County of Hawaii Merit Appeals Board .4upL,m,%Gev�,tev *101PnLCnkl .Stveet .Suite 2* HYLo, Hnvvni i96�20 (gog) * F=ox (gog) Agenda February 11, 2022 (Friday) 10:00 a.m. Hilo Council Chambers C,c nMeUca M. ac bvwas ch ur McC newt -'? vzce-CGraur Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, HI 96720 Pursuant to Governor David Ige's Emergency Proclamation Related to Sunshine Law In - Person Meetings dated December 29, 2021, the requirement to have at least one in-person meeting location has been suspended through February 28, 2022. This meeting will be held through a combination of the board members being physically present at the meeting location and members of the public 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 at the meeting location 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, February 10, 2022. Anyone wishing to testify orally via Zoom must sign up by 12 noon, Thursday, February 10, 2022, 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. (Cate De Soto, akCirLes ICuv,z, Ca� Matkews, Mewtbers I HmcG Pi , Couv,t� Cs Give, EL(vct. O?Portvvi,ItI ProvEc{er civ GJ Evlt?Lo�er. Hawaii County Dept. of Human Resources 02/04/2022 02:15:45 PM Merit Appeals Board February 11, 2022 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. 4) Approval of Minutes None. 5) Communication(s) None. 6) Unfinished Business (for discussion and appropriate action) A) Selection of the New Director of Human Resources, County of Hawaii At the Merit Appeals Board meeting held on February 2, 2022, the Board concluded its interview, application review, and discussion regarding the selection of the new Director of the Department of Human Resources. The Board will announce its selection at its meeting today, February 11, 2022. Executive Session The Merit Appeals Board anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities, and Section 92-5(a)(2) to consider the hire of a County officer where consideration of matters affecting privacy will be involved. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4 is necessary to hold an executive meeting. Merit Appeals Board Hawaii County Dept. of Human Resources 02/04/2022 02:15:45 PM February 11, 2022 B) Communication No. 21-02.06, from Amanda Furman, Deputy Attorney General, Office of the State Attorney General, transmitting the Findings of Fact, Conclusions of Law (FOF COL) and Order concerning Communication No. 21-02. Based on the foregoing FOF COL, the Merit Appeals Board orders that the instant appeal, shall, and is hereby dismissed with prejudice for lack of subject matter jurisdiction. Board action required: Approval of FOF COL (and filing of all related communications). 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, received on July 8, 2021, regarding Appellee's Reply Memorandum Regarding the Merit Appeals Board's Lack of Jurisdiction; Certificate of Service. 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. Hawaii County Dept. of Human Resources 02/04/2022 02:15:45 PM Merit Appeals Board 7) Director's Report None. 8) Schedule Next Meeting Date 9) Adjournment February 11, 2022 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.