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Home My WebLink About2022-03-10 Merit Appeals Board AgendaMitckeLL D. Rotel n eeor Hawaii County Dept. of Human Resources 03/04/2022 12:15:25 PM County of Hawaii Merit Appeals Board .4upL,m,%Gev�,tev *101PnLCnkl .Stveet .Suite 2* HYLo, Hnvvni i96�20 (gog) * F=ox (gog) Agenda March 10, 2022 (Thursday) 11:30 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 COVID-19 (Omicron Variant) dated January 26, 2022, the requirement to have at least one in-person meeting location has been suspended through March 25, 2022. This meeting will be held through a combination of the board members being physically present at the meeting location and participating via ZOOM. Members of the public may attend this meeting either in-person at the meeting location or via ZOOM. Each person at the meeting location will be required to wear a face mask. 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, Wednesday, March 9, 2022. Anyone wishing to testify orally via Zoom must sign up by 12 noon, Wednesday, March 9, 2022, by contacting Glynis Yamada. 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 03/04/2022 12:15:25 PM Merit Appeals Board March 10, 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) 11:30 a.m. CONTINUATION - HEARING RE COMMUNICATION NO. 21-04 NOTE: On October 29, 2021, the Merit Appeals Board convened a hearing on this matter, which was continued to the Board's next meeting scheduled on November 19, 2021. On November 19, the hearing concluded with both parties presenting their closing arguments and the Board entered into its deliberations. They were unable to conclude its deliberations, therefore, deliberations were continued to December 2, 2021. On December 2, the Board resumed its deliberations. However, unable to conclude its deliberations this matter would be continued. Deliberations will continue at its meeting scheduled on March 10, 2022. (Discussion will be limited to the Board and its Counsel only and will not include further statements by both parties.) 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 continues on the next page.) Hawaii County Dept. of Human Resources 03/04/2022 12:15:25 PM Merit Appeals Board March 10, 2022 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; and (Note: The aforementioned communications were listed on the Merit Appeals Board agenda dated October 29, 2021.) Communication No. 21-04.05, received October 25, 2021, regarding Appellant's Amended Witness List; and Communication No. 21-04.06, received October 29, 2021, regarding Appellant's Exhibit 13; and (Note: The aforementioned communications were presented/circulated at the meeting on October 29, 2021) Communication No. 21-04.07, received November 9, 2021, regarding Appellee's Supplemental Witness List; Certificate of Service; and (Note: The aforementioned communication was listed on the Merit Appeals Board agenda dated November 19, 2021) Communication No. 21-04.08, received November 18, 2021, regarding Appellant's Exhibit No. 14; and Communication No. 21-04.09, received November 18, 2021, regarding Appellant's Exhibit No. 15; and Communication No. 21-04.10, received November 18, 2021, regarding Appellant's Exhibit No. 16. (Note: The aforementioned communications were presented/circulated at the meeting on November 19, 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) and Hawaii County Dept. of Human Resources 03/04/2022 12:15:25 PM Merit Appeals Board March 10, 2022 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) Director's Report a) Performance Appraisal System Update b) Legislative Update c) Negotiations Update d) HR Staffing Update 8) Schedule Next Meeting Date 9) 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.