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HomeMy WebLinkAbout2021-10-29 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii October 29, 2021 (Friday) 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 Friday, October 29, 2021. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Ms. Kate De Soto, Member Mr. Charles Kunz, Member Ms. Gay Mathews, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Amanda Furman, Deputy Attorney General, State Office of the Attorney General (via Zoom) Mr. Waylen L. K. Leopoldino, Acting Director, Human Resources Department Ms. Elyse Stevens, Land Use Plans Checker II, Planning Department Mr. Ryan Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. Steve Idemoto, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. Tyler Benner, County Auditor, Office of the County Auditor Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department 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 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. Merit Appeals Board Call to Order (Item 1) October 29, 2021 CHR. CABANAS: Good morning, everyone. The Merit Appeals Board meeting is called to order at ten a.m. on October 29, 2021. I am Gabriella Cabanas, Chair of the Merit Appeals Board. I'm pleased to announce that we have quorum today. All five Board members are present and I would like to introduce them to you. In Kona, we have Mr. Mel Ventura, our Vice -Chair. Good morning, Mel. MR. VENTURA: Good morning and aloha. CHR. CABANAS: And in Hilo at the Council Chambers with me at the Hawaii County Building are Ms. Gay Mathews, Mr. Charlie Kunz, and Ms. Kate De Soto—welcome to all of you—good morning. And a special welcome to Kate De Soto because this is—Kate, your first Board meeting with us and I hope you find the experience of being a Merit Appeals Board member a very rewarding one, and we appreciate your service to the community of our island. So, welcome. Also here with us in the Council Chambers are J Yoshimoto, our Assistant Corporation Counsel; our Secretary -Reporter, Glynis Yamada; Relley Araceley from the Clerk's office who is staffing the computer equipment to make sure that we have Zoom capability ongoing. We also have Mr. Ryan Thomas and Steve Idemoto from the Office of the Corporation Counsel. Welcome. We also have Ms. Elyse Stevens sitting in on the first part of our meeting. And we also have Ms. Amanda Furman from the Attorney General's office appearing via Zoom from Oahu. She is the—is it Deputy Attorney General, Amanda, is that correct? MS. FURMAN: Yes, that's correct. CHR. CABANAS: Yes. So, I want to welcome all of you and I hope you all have a good morning with the Merit Appeals Board. Addendum to Agenda (Item 2) CHR. CABANAS: Looking at the agenda, we have no "Addendum to the Agenda." Statements from the Public (Item 3) CHR. CABANAS: No "Statements from the Public" according to our Secretary -Reporter. At this time, I'm going to recuse myself for the reasons that I cited at the September Board meeting. There is a ten o'clock appeal hearing that's scheduled. And I'm going to turn the Page 2 Merit Appeals Board October 29, 2021 meeting over to Mr. Mel Ventura. He is our Vice -Chair and he will preside as the Acting Chair for the appeal hearing this morning. I am going to leave the Council Chambers at—let me look at the time real quick -10:03 a.m. and I'm going to recess for a moment. Are there any comments or questions before I do that? MR. YOSHIMOTO: Oh, just one thing for—Madam Chair, this is J Yoshimoto just to note for the record that I will also be leaving the meeting. Ms. Furman will be advising the Board as to this matter and Mr.again, Mr. Ventura will be chairing the meeting. That's all I have. CHR. CABANAS: Thank you, J, for the clarification. Yes, we both will be leaving the Council Chambers and so we will go into a short recess to allow our departure. And once the hearing is done, then we will both return to the Council Chambers. Thank you very much. RECESS: The Chair called for a recess at 10:03 a.m. RECONVENE: The meeting reconvened at 2:20 p.m. in open session. CHR. CABANAS: Good afternoon, everyone. This is Gabriella Cabanas, Chair, of the Merit Appeals Board. We are resuming our regular meeting on October 29h, 2021, at 2:20 p.m. At this time, I would like to ask the Board if it's okay if we take some of the agenda items out of order, specifically, under Number 713, Communication Number 21-01.04. 7B) 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 Of FOF COL) CHR. CABANAS: This requires Board action. So, may I have a motion and a second to approve Communication Number 21-01.04, Findings of Fact Conclusions of Law concerning the Decision and Order for Communication number 21-01. MR. KUNZ: So moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Moved by Mr. Kunz and seconded by Ms. Mathews to approve the Findings of Fact and Conclusions of Law. Any discussion, Board members? If none, I will start with the rollcall voteoh, and I need to note that Mr. Ventura was excused at 2:10 from the Board because he has a flight to take. Page 3 Merit Appeals Board So, may I start the rollcall vote with Ms. Gay Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Abstain. October 29, 2021 CHR. CABANAS: That's right because you were not involved. Thank you very much. And Ms. Cabanas—aye. Motion carried to approve the Findings of Fact and Conclusion of Law. Okay. We will return to the regular order of the agenda items with the "Approval of Minutes" for September 15, 2021. Before I do that, Amanda, I just want to formally excuse you from the Board meeting. I just want to thank you on behalf of the Merit Appeals Board for your expertise in representing the Board at today's appeal hearing and note that the Chair was recused from the appeal hearing with the Vice -Chair serving as the Acting Chair for the appeal hearing. But, on behalf of the Board, thank you very, very much and I was informed that the hearing will be continued to November 19''. And MS. FURMAN: That's correct. Thank you. CHR. CABANAS: And you're available for that continuation? MS. FURMAN: Yes, I am. CHR. CABANAS: Okay. Great. Okay. MS. FURMAN: Okay. CHR. CABANAS: Thank you so much, Amanda, have a nice weekend and Happy Halloween. MS. FURMAN: Thank you. You, too. CHR. CABANAS: Thank you. Page 4 Merit Appeals Board MS. FURMAN: Bye, bye. Approval of Minutes (Item 4): September 15, 2021 October 29, 2021 CHR. CABANAS: Okay. So going back to the approval of minutes for September 15', 2021. Has everyone had a chance to review the minutes—yes—okay. May I have a motion and a second to approve the meeting minutes? MS. MATHEWS: So moved. MR. KUNZ: Second. CHR. CABANAS: Moved by Ms. Mathews and seconded by Mr. Kunz. Any discussion? None. Okay. Before I take the vote, I just want to go on record and say, Ms. De Soto, because you're a new member and you weren't attending that meeting, then you would abstain. Okay. And so, with the rollcall vote starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. And Ms. De Soto. MS. DE SOTO: Abstain. CHR. CABANAS: Okay, thank you. Motion carried to approve the September 15'', 2021, meeting minutes. Review of Executive Session Minutes: September 15, 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 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: Moving on to the "Review of the Executive Session Minutes" for September 15, 2021. Has everyone had the chance to review those minutes? Okay. So, may I have a motion to approve the executive session minutes and a second. MR. KUNZ: So moved. Page 5 Merit Appeals Board MS. MATHEWS: Second. October 29, 2021 CHR. CABANAS: Thank you. Motion made by Mr. Kunz seconded by Ms. Mathews. Any discussion? Okay. If not, we will start with the rollcall vote starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas was recused from the executive session minutes—meeting. And Ms. De Soto— MS. DE SOTO: Abstain. CHR. CABANAS: Thank you very much. Mooh, we only have two; and Mr. Ventura is excused. So, Counsel, how do we address this now? MR. YOSHIMOTO: Recommend we continue with that for the next meeting for approval. CHR. CABANAS: Okay. So noted. We will place this on the agenda for November 19' with a continuation. MR. YOSHIMOTO: Right. So, basically, we would need to do a motion to continue CHR. CABANAS: Okay. MR. YOSHIMOTO: —the review. CHR. CABANAS: Okay. MR. YOSHIMOTO: And then, you can—members can vote on that because that's not pertaining to the merits of that particular item. CHR. CABANAS: Okay. MR. YOSHIMOTO: Yeah. CHR. CABANAS: Okay. So, thank you very much for the clarification. So, may I have a motion to continue the approval and review of the executive session minutes to the November 19'', 2021, meeting. MR. KUNZ: So moved. Page 6 Merit Appeals Board CHR. CABANAS: Do I have a second. MS. MATHEWS: Second. But I'm confused. We have quorum. CHR. CABANAS: We have quorum but only two MR. YOSHIMOTO: No, not to the executive session minutes. CHR. CABANAS: Yeah. MR. YOSHIMOTO: Yeah. CHR. CABANAS: Only two of you were voting. MS. MATHEWS: Oh, because you weren't—got it. CHR. CABANAS: Yeah. MS. MATHEWS: Yeah, all right CHR. CABANAS: Okay. So, are you the second? MS. MATHEWS: I'm the second. October 29, 2021 CHR. CABANAS: Thank you very much, Mr. Kunz, for the motion and, Ms. Mathews, for the second. Any discussion? Okay. I'll start with a rollcall vote. Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR, CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried. Okay, moving along to the "Communications." Page 7 Merit Appeals Board Communications (Item 5) October 29, 2021 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" CHR. CABANAS: May I have a motion to receive and file the Communication number 21-05. MR. KUNZ: So moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Motion made by Mr. Kunz, seconded by Ms. Mathews to receive and file Communication Number 21-05. At this time, I'd like to ask if there's any discussion. I'd like to the Chair would like to note that Acting Director Waylen L. K. Leopoldino is present along with the County Auditor, Tyler Benner. So, would there—would you like to entertain any discussion regarding all the information that Acting Director has forwarded to the Merit Appeals Board. Anyone? MS. MATHEWS: Yes. Can we defer this because I left in a hurry and I forgot all my notes. CHR. CABANAS: Okay, no problem. Any comments oris that your motion, Ms. Mathews? MS. MATHEWS: Not the part where I left in a hurry. Yes. CHR. CABANAS: Okay. Is there a second to defer the matter MR. YOSHIMOTO: To the November 19 CHR. CABANAS Yeah, to the November 19' meeting? MR. KUNZ: I second. CHR. CABANAS: Okay. Any discussion on the deferral? Okay, if none, we will do a rollcall vote starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. Page 8 Merit Appeals Board October 29, 2021 CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to defer Communication number 21-05 to the November 19' meeting. I need to ask Counsel because Mr. Benner is here and I think he wanted to present some information, should that be deferred also? MR. YOSHIMOTO: That pertains to Communication 21-05—just to make sure. CHR. CABANAS: Yes, it does. MR. YOSHIMOTO: Yeah, then we should defer the entire matter. CHR. CABANAS: Okay, we defer everything. Okay. MR. YOSHIMOTO: Yeah. CHR. CABANAS: So, Tyler, thank you for coming today but being that we have one member not here, it would be best that everyone hear the discussion and your presentation. That's okay—so you may want to set November 19'h aside on your calendar. Okay. But I do want to thank Acting Director Leopoldino for providing all the information to the Board because I feel that now it gives—we have a full Board—five members that it gives everyone that background information that they need to have to move things forward and that's what we're really looking at, moving things forward. So, thank you for doing that. MR. LEOPOLDINO: You're welcome. CHR. CABANAS: Now, before we go on to "New Business "—Acting Director, did you want us to take your "Director's Report" out of order? Yes because you have other commitments, right, for the day. Okay. Is it okay with the Board that we take his report out of order? Okay, we have consensus. Page 9 Merit Appeals Board Director's Report (Item 8) October 29, 2021 Director's Report: MAB Quarterly Reports: July - September 2021; Job Performance Report (JPR) Update CHR. CABANAS: So, okay, Waylen, on the agenda your "Director's Report" are two -fold. The MAB Quarterly Reports for July to September 2021, and the Job Performance Report, the JPR Update. You may proceed. MR. LEOPOLDINO: Good afternoon, Chair Cabanas, and Members of the Merit Appeals Board. Waylen Leopoldino with—Acting Director of Human Resources. MAB Quarterly Reports: July – September 2021 MR. LEOPOLDINO: I wanted to present our Quarterly—July through September 2021 Quarterly Report and will entertain any questions at this time. CHR. CABANAS: Does anyone have any questions for the Acting Director? MR. LEOPOLDINO: I did, actually, want to do a follow-up comment to Ms. Mathews comment about our Administrative Services Division's audits that we do. I did follow-up with our manager for that division and she is going to provide me with a tentative schedule to proceed with the relaxing of some of the restrictions for in-person audits. As I mentioned at our last meeting, the in-person audits are required so they can actually see where the physical files are being stored at each of our departments. So, that's a critical component to the audits and that's why it was being placed on hold due to COVID. So, I amI did follow-up with her and we will move forward in the near future. Thank you. MS. MATHEWS: Thank you. I appreciate that. Since he's here, can I ask him a question or CHR. CABANAS: Sure. Please proceed. MS. MATHEWS: So, I've been reviewing the audit andI'm sorry, but I left all my notes at home. One of the things I was aware of within the County is when somebody gets to the point of being interviewed and it's the panel, that that panel was actually completing that thing in pencil. Is that still procedure or has you—have you addressed that so that it's always done in pen. MR. LEOPOLDINO: So, part of that audit is the training we do for conducting effective job interview training. And we make it very clear that pencil is not allowed in any of the notetaking or any of that interview and selection process, and we're clear with anybody that gets trained to sit on an interview panel, that blue or black ink is required. Page 10 Merit Appeals Board October 29, 2021 MS. MATHEWS: Thank you. MR. LEOPOLDINO: Yes. And we do check for that. CHR. CABANAS: Does anyone have other questions for the Acting Director? If not, I have a few, Waylen. For the Classification and Pay report, the outcome was 123 redescription review request were received. What types of positions were these for? `Cause that seems quite a bit -123? Do you know off -hand? MR. LEOPOLDINO: From off the top of my head, we've had a lot of old position descriptions from many, many years. So, instead of our department approaching updating all of those position descriptions at once, the Classification and Pay Division will update these position descriptions as they come in. And, if they have down time, I believe, they'll try and update these redescriptions. But, recently, maybe in the last two or three years our department came up with a new forma brand new position description form. So, part of it could be the transition to the new form but I can, definitely, follow-up on the details on the increased number. A lot of it could be because of our new department heads who are they might be doing reorganizations within their departments to fill their operational needs. So, that might result in some redescriptions, but I'll definitely follow-up and provide an update at the next meeting, if that's okay. CHR. CABANAS: Yeah, that's fine. MR. LEOPOLDINO: Okay. CHR. CABANAS: Thank you. And then, for down below, it says -94 reallocation requests for recruitment purposes were received. That, again, that's a pretty high number so are those— what—for hosewhat for police, fire? MR. LEOPOLDINO: It could include police and fire, but we've also encouraged the departments because we're having a very difficult time—and it's a nationwide issue in recruitment. So, as an alternative we've encouraged departments to bring their higher-level positions down to a lower level so that we can expand our applicant pool. So, that's being that's occurring more frequently now so we can assist the departments fill those vacancies. And once the applicant meets the necessary requirements to move up to the next level, then they would get reallocated back up. Page 11 Merit Appeals Board October 29, 2021 CHR. CABANAS: Okay. Thank you so much. MR. LEOPOLDINO: You're welcome. CHR. CABANAS: Okay. Are there other questions before we proceed? Okay, if not, thank you, Waylen. MR. LEOPOLDINO: You're welcome. CHR. CABANAS: Yeah. Okay, so moving along on our agenda. I think we are now under "New Business." MR. YOSHIMOTO: Did you do a vote on the close file—motion to close file? MR. LEOPOLDINO: I think there's one more— CHR. CABANAS: Oh, there's one more file MR. LEOPOLDINO: The JPR update. CHR. CABANAS: Oh, yeah, I'm sorry. MR. YOSHIMOTO: Oh, okay. CHR. CABANAS: Yeah, go ahead, that's right—we're still with your director's report. MR. LEOPOLDINO: No problem. CHR. CABANAS: Yeah, go ahead—JPR report. Job Performance Report (JPR) Update MR. LEOPOLDINO: So, I'm very pleased to report that we're moving forward despite some of our challenges with COVID and meeting with our departmental HR representatives. But we did have a quarterly—our HR Quarterly meeting held on the 21" of October where we discussed the final draft of our JPR proposed form that our committee, within our department, put together through working with a lot of our departments. So, we are in the process of developing a consultation letter to the unions that's the final process before we implement the new JPR form. And I believe that is one of the goals of the DHR director. So, we're still on track to meet the goal of having a new JPR form by the end of the year. CHR. CABANAS: Okay. Thank you. Any questions for the Acting Director? Okay no. Okay, we will thank you, Waylen. Page 12 Merit Appeals Board October 29, 2021 MR. LEOPOLDINO: Thank you. CHR. CABANAS: Okay. So, I believe everything was approved under Communication 21-05. MR. YOSHIMOTO: So, we would do a mo vote on the motion to close file on the Director's Report. Did we do motions, Glynis? We did—okay. So, we need to vote on the motion. MS. YAMADA: We didn't do a motion. MR. YOSHIMOTO: Okay, I'm sorry. So, to be clear then, we need a motion to accept the Director's Report. CHR. CABANAS: Oh, okay. So, may I have a motion thank you, J. May I have motion to accept the Director's Report with a second. MS. MATHEWS: So moved. MR. KUNZ: Second. CHR. CABANAS: Thank you, Ms. Mathews and Mr. Kunz, for the motion and second. Any discussion? If not, we'll start with a rollcall vote to approve the motion. Starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Aye—motion carried. Thank you, Waylen. MR. LEOPOLDINO: Thank you.. CHR. CABANAS: Have a nice weekend. MR. LEOPOLDINO: Thank you. You all, too. CHR. CABANAS: Okay. Are you going to leave? Page 13 Merit Appeals Board October 29, 2021 MR. LEOPOLDINO: I don't have to. CHR. CABANAS: Well, we're going to go to "New Business" and I, kind of, wanted you to stay for a little bit. MR. LEOPOLDINO: Oh, sure. CHR. CABANAS: For the "New Business." Okay. MR. LEOPOLDINO: Can I stay here or CHR. CABANAS: You can stay there. Yeah. Wherever you're comfortable. MR. LEOPOLDINO: (Inaudible.) CHR. CABANAS: I think we all would be. Okay. So, "New Business" -6A. New Business (Item 6) 6A) 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) CHR. CABANAS: Now, the reason this is here is because now that we have a full Board, the Chair was thinking that, perhaps, a brief orientation by all of the managers would be beneficial to the Board members as they move forward with different matterswhether it's appeal hearings, whether it's just regular Board agenda items that it gives all five of us a good solid foundation as to what each division is doing in the department and what challenges each division may be facing, `cause each division has a different functional area. And when I was working, we did have orientations for the Merit Appeals Boards, at their request. So, that's why this is on the agenda. If the Board members feel this is something that would be beneficial to each of us—and it can be a very brief orientation. I'm thinking maybe 15 minutes for each manager and we can split it—maybe four for the November 19'h meeting and four for the December meeting, so that's not over loading all of us in one day. And you can pick and choose which four would come for the November meeting and which would come for the December meeting. So, that's just my general thought, `cause I haven't—we haven't discussed it as a body. And I just want to put it out there. This does not require a motion or a second. It's just a discussion. So, how do you all feel about this suggestion? Page 14 Merit Appeals Board October 29, 2021 MS. MATHEWS: It's overdue. I like it. CHR. CABANAS: Okay. Thank you. Mr. Kunz. MR. KUNZ: I agree. I think it's something we can certainly benefit from. I'm not sure how full our agenda isNovember 19'hhowever, because we're—have a continuance of our previous meeting, that has aif I'm not mistaken, seven more witnesses. CHR. CABANAS: Oh, okay. MR. KUNZ: So, I think we might have to stretch it out into January but— CHR. ut CHR. CABANAS: Okay. MS. DE SOTO: I agree. I think it would be very beneficial. CHR. CABANAS: Very beneficial. Okay. So—okay—so I'm not sure about the length of the November 19'h meeting and the continuation of the appeal hearing. Remember, I'm recused from the appeal hearing so you all have a better handle on it than me. J, what do you think. MR. YOSHIMOTO: I'd recommend that we allot—we do this for a subsequent meeting after November just because I think we don't know how long further the November meeting's CHR. CABANAS: Okay. MR. YOSHIMOTO: —going to take with the appeal. CHR. CABANAS: Okay. MR. YOSHIMOTO. Plus, the other matters already on the agenda that were continued from today. And so, I want to make sure we do a thorough process— CHR. CABANAS: Right. MR. YOSHIMOTO: —and, basically, have enough time that we're not in a rush, right. CHR. CABANAS: Right. MR. YOSHIMOTO: So, I'm thinking—are we scheduling a meeting for December or are we taking—we are. Okay. CHR. CABANAS: We have a date for December. MR. YOSHIMOTO: Okay. Page 15 Merit Appeals Board October 29, 2021 CHR. CABANAS: December 16''. MR. YOSHIMOTO: Okay. So, recommendation would be December and, hopefully, that'll be a much lighter agenda. CHR. CABANAS: Okay. Sounds good. Does that sound good to everybody. MS. MATHEWS: I agree that we need to skip November based on how today went. I do question whether or not December—because it's December and it's the middle of the month. If we should just wait until January but I don't know how this works for you guys. I mean, are you all crazy in December because everybody else is. Or it would just be a nice relief to come in and try to impress five people. CHR. CABANAS: Go ahead, Waylen. MR. LEOPOLDINO: Okay, just my—some of my comments first -off. I think that's an excellent idea. I had the experience of presenting when I was the Personnel Development Manager to the Merit Appeals Board at that time. I, too, felt it was overdue because a lot of times Board members don't really know what each of our divisions actually do. So, that's, l think, that's a great idea. Decem—December I would have to—I already got a bunch of requests for time -off. People are taking vacation. I don't know how that would work, but I'm sure we could start with a few if that's what the Board wants to do. But I can't—we'll make it work, if that's what you want to do. MS. MATHEWS: Okay. But if you already—and that's what I was thinking—is you're going to have request for time -off. When you have requests for time -off, you'll also have all the crazies out there that waited an entire year to get in to see you guys in December. And so, rather than burden you, that's why I was thinking maybe January might be—because if people are taking time off somebody else has to fill in for them and everybody's life gets complicated. So, your druthers would be what—be honest. MR. LEOPOLDINO: I mean, I would say January would be preferable after the holiday season, but CHR. CABANAS: Okay. I just MS. MATHEWS: Are you okay with that? CHR. CABANAS: Well, I'm okay with it but I just want to throw it out there that four of you are going to be working on—okay, working on the interview and selection process to fill the permanent HR director. I'm recused. Page 16 Merit Appeals Board October 29, 2021 So, how does that all fit in with what you have to do with that process. Okay. And remember, I'm recused now. So, is that something that's going to help you? Yes, we don't want to burden the staff but then the—everybody always has something. So, whatever we you can do, in little bits, might help you folks. Iso, it's just to help you folks. MS. MATHEWS: And that's a very good point. And should we—everybody's going to cringe—actually have a meeting just to do this? CHR. CABANAS: That's another option. What works for everybody. MS. MATHEWS: Is because then we could actually CHR. CABANAS: Do it all in one day. MS. MATHEWS: Yeah. CHR. CABANAS: It doesn't have to be one day. It could just be, like, two to three hours. But then, all of your managers need to be present. So, it's workable like you said. It's workable. MR. LEOPOLDINO: Yeah, we'll definitely try and make that work for sure. Yes. CHR. CABANAS: So MS. MATHEWS: `Cause I agree with you. That could be very useful in terms of the hiring. And so, the sooner, the better—but not in conjunction with the 19''. CHR. CABANAS: Okay. MS. LEOPOLDINO: I can just tell you all that we just did a two half-day training with the new Cabinet members. And each of my managers have a lot to share. Just—that's just the basics for you to get an understanding of the operation for each of their divisions. So, an entire day would likely be suf`cause it was two full—two four—two half-day sessions that the Cabinet members sat in on. And that's just the bare minimum for that level. So, which I would recommend to be presented to you as well. CHR. CABANAS: So, how long did each manager present to the Cabinet? MR. LEOPOLDINO: Most of them presented for at least an hour. CHR. CABANAS: An hour. Page 17 Merit Appeals Board October 29, 2021 MR. LEOPOLDINO: An hour. And then, the rest were at half -an -hour but the questions took them right up to an hour. So, just to be honest, the presentation will—it'll be tough to do a half- day. MS. MATHEWS: So, Kate, you're new and apparently you're having to take time off to do this. So, I'm retiredI don't care what you guys do. It wouldI do, actually, value what you're trying to accomplish—and you, too, Charlieoh, you're retired, too never mind. So, Kate, tell me—could you tell us what might work for you and we'll see if that MS. DE SOTO: I can make myself available for a second meeting to do these presen to attend these presentation—`cause I do think they'll be pretty significant and valuable for the recruitment process. And I would feel uncomfortable proceeding with the recruitment process without this training first. And I'm fine doing it either—as one meeting. Yeah. CHR. CABANAS: I'm good with it, too. I—it's what works for the Board, yeah. So, if Kate yes, we would definitely want you to be present so that you can receive all the information along with the other four Board members. So—and if we plan it out ahead of time then Kate can mark it on her calendar and so can we, `cause three of us are retired, but I believe Mel and Kate are still working. Yeah. MR. YOSHIMOTO: So, to be clear, we're looking at an earlier date in December to avoid the anyone being away from the office. Is that what we were— MS. MATHEWS: We're looking for MR. YOSHIMOTO: A separate date. MS. MATHEWS: sometime between tomorrow and this yeah. MR. YOSHIMOTO: Yeah, okay. MS. MATHEWS: It's not—it's just not the 19''at least, that's what I'm interpreting is. CHR. CABANAS: Right. MR. YOSHIMOTO: Yeah. MS. MATHEWS: And, of course, you'd have to be available, too. CHR. CABANAS: Right. MR. YOSHIMOTO: And then, so, having Page 18 Merit Appeals Board October 29, 2021 MS. MATHEWS: And Glynis would have to be available and the room has to be available. CHR. CABANAS: Right. So, that's a lot of availability. So, why don't we have Glynis poll everybody. MR. YOSHIMOTO: It looks like December 8 and the 15 are open, as far as the councilroom. But before I forget, so having attended the excellent training provided by the HR Department I also want to make sure that the presentation that's being requested addresses basically, it educates the Board as to what HR does. CHR. CABANAS: Correct. MR. YOSHIMOTO: So, it's a form of training but it's not a director training. So, it might be a little different is what I'm saying. CHR. CABANAS: Yeah. MR. YOSHIMOTO: So, I'll leave it to Waylen's discretion as to how to present that. CHR. CABANAS: That's fine. MR. YOSHIMOTO: For what I'm trying to say is it may not take as long as it did. CHR. CABANAS: Correct. MR. YOSHIMOTO: It could take longer—I don't know. But I don't think it's the exactly the same thing—it's just my take, but I defer to Waylen on that. CHR. CABANAS: That's a very valid point, J, because the Cabinet presentation is more operational. We don't need to get into the nitty and gritty, we need to get the basic overview about each function and maybe just what their challenges are, so we can understand what their challenges are. And then, we just move it forward. We just want a basic overview on the function. I mean, we can read it on paper but then there might be questions that each Board member has. Everybody comes with a different background and perspective, so they can answer whatever questions they have. I brought it up because I thought, even in the past, you and I have done presentations before the Merit Appeals Board. It has been—we found has been beneficial for the Board and that's why I have it on the agenda. Okay MR. LEOPOLDINO: I, kind of wanted—can I add one more thing? We don't have to do the full day. And now that I think about it, we actually did an orientation -style presentation for from all of our division heads when the Cabinet first came on. So, we planned this training. But Page 19 Merit Appeals Board October 29, 2021 we can do the orientation like we did which, I think, it was two to three hours—which that might be more digestible, I guess. CHR. CABANAS: Two to three hours total? MR. LEOPOLDINO: Yes. CHR. CABANAS: Oh, okay. So, we're talking about MR. LEOPOLDINO: Yeah. CHR. CABANAS: —maybe half-a-day—maybe to one o'clock maybe. MR. LEOPOLDINO: Maybe. Yeah. MS. MATHEWS: From your perspective, does that sound like it will cover what we could all use? CHR. CABANAS: I think so. It's—and they can always bring handouts, too, if they want as a backup so we can all take it home and review and MS. MATHEWS: Love handouts. CHR. CABANAS: —look at it from time -to -time. But I think it's a—good that they get to meet the managers, they get to understand the functional area and even, if I worked for the department, things have changed since I've retired. So, it's like we needI think we need the update. It's an update. An overview. General overview. Okay. So, where are we on a date because Melvin is not here and I don't know what his schedule is. MS. YAMADA: Okay, just based on the availability of the Council Chambers alone, the Council Chambers is available on November 15, December 1, 2, 3, and the I Oh. But then, keep in mind we have our December 16 meeting as well. And, again, I need to check with the availability of Mr. Ventura. So, again, the 15'h of November; December 1, 2, and 3. CHR. CABANAS: Okay. Well, we can keep these dates in our mind, check our calendars, and Glynis will check with Mr. Ventura and thenGlynis, is it safe to say that you will then email all of us to confirm the date to be determined by the Chair—after she polls all of us, including Mr. Ventura, Acting Director schedule, our Corporation Counsel's schedule, and we will confirm a date. And our secretary will be in touch with all of us via email. Does that sound okay. Okay. MR. LEOPOLDINO: And then, I will also coordinate with the eight division chiefs for their schedule as well. CHR. CABANAS: Correct. Page 20 Merit Appeals Board October 29, 2021 MR. LEOPOLDINO: Yeah. CHR. CABANAS: Yeah. Can you give them a heads up. MR. LEOPOLDINO: Yeah. CHR. CABANAS: Yeah. Sounds good. Okay. Thank you, everybody, for that discussion. Okay, so moving along to "New Business" -6B. 6B) 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 CHR. CABANAS: We hope there are no future appeals filed against you, Waylen, but in the event that there areI just wanted to explain to you and the Board that I have submitted a petition to the Board of Ethics. So, I'm going to explain to you why I did. This is on the agenda as a courtesy to all of you because I am scheduled to appear before the Board of Ethics on November 10'', 2021, at ten a.m. It was supposed to be—my attendance was supposed to be for the October Board of Ethics meeting, but I did not feel comfortable appearing before the Board of Ethics without a courtesy explanation to all of you, which is what I'm going to do now. Okay. So, this is out of an abundance of caution and to avoid any potential conflict that I requested an opinion from the Board of Ethics as to whether I would be in conflict to sit in on an appeal hearing should there be future appeals filed against the Acting Director of Human Resources, Waylen Leopoldino. Waylen and I worked closely together in the Department of Human of Resources before my retirement on December 1, 2018. He was my backup when I took paid leave on a number of occasions and he managed the Recruitment and Examination Division when I was away on these occasions. Close to the end of my career, both Waylen and I discovered we share a common ancestor and are blood -related. We did not know that previously. Upon further questioning and research with my mom, who's 93 years -old, I've concluded that he and I are third cousins once removed. It goes back to his great, great grandfather who is my Grandmother Leopoldino's dad—so it's my grandmother's dad who is related to his great, great grandfather that's her dad. I didn't know my paternal grandmother because she died at 24 years of age when my dad was only six years -old. Waylen and I only know each other in a work environment. Page 21 Merit Appeals Board October 29, 2021 However, to be cautious, I submitted the petition to the Board of Ethics and I will respect their decision—and out of courtesy to all of you, I just wanted to explain this before my attendance at the Board of Ethics meeting on November I Oh. So, this doesn't require any motion or second, it's just me informing the Board members and giving you an explanation about how Waylen and I discovered that we share a blood ancestor or—yeah, share a common ancestor. And whatever the Board says, I will abide by. But you know that if I don't feel comfortable with something and I want—and I need to avoid any potential conflict, I will recuse myself. When I appeared before the County Council for my confirmation with the Council, I did state that there may be times that I would have to recuse myself—and they all understood that. So, I just want that to be clear to everyone. Are there any questions about this particular item? Okay. None? Okay, thank you very much. With that, I'd like to move to Number 7 on the agenda. Unfinished Business (Item 7) 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 (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: Now, before I go any further, I did state at an earlier meeting that I had recused myself from this. And because we now have a full slate of Board members, I want to repeat. I want to read my recusal, again, for the record. And it is to avoid any potential conflict, I have recused myself from the upcoming interview and selection process for the filling of the permanent director of human resources. The following are my reasons for the recusal: One—in my prior capacity as the Recruitment and Examination Manager for the Department of Human Resources, I assisted the Merit Appeals Board on three separate occasions with the recruitment and selection process for the director's position and have had contact with applicants of these recruitments on behalf of the Merit Appeals Board. Page 22 Merit Appeals Board October 29, 2021 Two—in my prior capacity as the Recruitment and Examination Manager, I have mentored and trained County employees in the recruitment and examination function as part of professional HR development. Three the acting director of human resources and I share a common ancestor and are blood -related. I have concluded that we are third cousins, once removed. Since the Merit Appeals Board is the appointing authority for the next director of human resources, I have recused myself to avoid any appearance of potential conflict. Vice -Chair Mel Ventura is serving as Acting Chair in this matter and the Merit Appeals Board members will plan and proceed with the process leading to the selection of the next director of human resources. I just want to thank all of you, my fellow Board members, for your understanding of my recusal. Any questions? MS. MATHEWS: Congratulations you two. CHR. CABANAS: Believe me, Waylen had no idea. Let me tell you, I have agonized over my recusal because I felt like I was abandoning all of you. I have agonized over this, but this is not about me. This is about keeping everything transparent, not having a cloud over the Merit Appeals Board. And so, yeah, it might feel like I'm abandoning you but I'm still with you folks in spirit. And whatever I can do to help the Board, outside of that process—like, the orientation from the managers coming—giving us an overview then those are the things that I can be thinking of. But I did agonize over it. I had many sleepless nights. But—yes. So, anyway, let's move on, `cause we still have a number of things on the agenda. And now so, Counsel, do I recuse myself for 7A? I need to, right? MR. YOSHIMOTO: Yes. CHR. CABANAS: Although Mel is not here. MR. YOSHIMOTO: Yes, Madam Chair. So, at this point, we should read into the record Item 7A, since it is on the agenda. After we do that, though, given the fact that you have recused yourself from this item and that the Vice -Chair is not present—my recommendation would be that the Board continue this matter as well, until you have all the members, as possible, are available. You could, however, still proceed today, if you wanted to `cause you do have a quorum. So, that's just a recommendation, but not—it's not a hard or fast rule so. But, anyway, so read the agenda item into the record. And, actually, one more thing because Chair Cabanas is going to recuse—or has recused herself from this matter and the Vice -Chair is excused, we would need to appoint a Temporary Page 23 Merit Appeals Board October 29, 2021 Acting Chair, which the body can do by a motion and a vote, except that we only have—well, let me see here. I believe you can vote on the Temporary Acting Chair `cause that has nothing to do with the matter of 7A—so you can vote on that. So, we can do that. So, as a preliminary matter then, why don't we you okay, Ms. Cabanas, you have a question or do you CHR. CABANAS: Well, I'm a little confusedI'm confused, Counsel, because although I would read this little sentence here, what is the—okay, this isI have to be careful how I word this now. MR. YOSHIMOTO: Can I help? CHR. CABANAS: I'm going to recuse myself and the Board will then move whatever it is forward for this topic, right? MR. YOSHIMOTO: No. So, then, we should elect a Temporary Chair now, since you're still Acting Chair for the upcoming matter because of the circumstances that we have now. And then, once it's read into the record, then you recuse yourself from the matter. MR. KUNZ: Or postpone it to the next meeting? MR. YOSHIMOTO: Yeah. Or you can just simply postpone it MR. KUNZ: And Mel will be here. CHR. CABANAS: Maybe we should just postpone— MR. YOSHIMOTO: Okay. MR. KUNZ: I think so. CHR. CABANAS: it to the next meeting. MR. YOSHIMOTO: All right. CHR. CABANAS: Yeah. Okay. MR. YOSHIMOTO: So then, you can take a motion on that and then you don't have to vote on that. CHR. CABANAS: So, I just read 7A MR. YOSHIMOTO: Yeah. Page 24 Merit Appeals Board CHR. CABANAS: And then, I'm going to recuse myself, right. MR. YOSHIMOTO: Right. CHR. CABANAS: I have to leave the room? MR. YOSHIMOTO: No. CHR. CABANAS: No. I just say on the vote I recuse myself. MR. YOSHIMOTO: Right. CHR. CABANAS: Okay. MR. YOSHIMOTO: Because then you're anticipating a motion to CHR. CABANAS: Okay. MR. YOSHIMOTO: continue this to the November 19'h meeting. October 29, 2021 CHR. CABANAS: Okay. Very good. Thank you so much. Okay. So, 7A, "Unfinished Business"—is selection process for filling the position of the new director of human resources concerning the assessment and review of selection process for filling the position, the timeline, the advertisements, and the interview and selection process. May I have a motion and a second to continue this matter to the November 19'', 2021, meeting. MS. MATHEWS: So moved. CHR. CABANAS: Second by MR. KUNZ: Second. CHR. CABANAS: by Mr. Kunz. Thank you. Any discussion? If not, we will take a rollcall vote starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. Page 25 Merit Appeals Board October 29, 2021 CHR. CABANAS: And Ms. Cabanas—aye. Motion carried to defer this matter to the November 19'', 2021, meeting. Okay. Director's Report (Item 8) Director's Report: MAB Quarterly Reports: July - September 2021; Job Performance Report (JPR) Update (Previously taken out of order.) Schedule Next Meeting Date (Item 9) CHR. CABANAS: So, on the agenda we now have scheduling the next meeting, which is now going to be November 19'', 2021, in the Council Chambers at ten a.m. Okay. MR. YOSHIMOTO: As well as the tentatively or to be scheduled meeting regarding the presentation by Human Resources. CHR. CABANAS: Correct. MR. YOSHIMOTO: Right. Okay. CHR. CABANAS: That doesn't require a motion, right? MR. YOSHIMOTO: No. CHR. CABANAS: No, okay. MR. YOSHIMOTO: You can just announce it, yeah. CHR. CABANAS: Okay, very good. Adiournment (Item 10) CHR. CABANAS: Okay. And now we are at the last item "Adjournment"—may I have a motion and a second to adjourn today's meeting? MR. KUNZ: So moved. CHR. CABANAS: Ms. Mathews— MS. MATHEWS: Second. Page 26 Merit Appeals Board October 29, 2021 CHR. CABANAS: Seconded by Ms. Mathews. Thank you. Any discussion? If not, all in favor to adjourn today's meeting say aye. Any opposed? No one opposed. AYES: Board Members De Soto, Kunz, Mathews, and Chair Cabanas — 4 NOES: None. ABSENT: Board Member Ventura — 1. CHR. CABANAS: The meeting is now adjourned at 3:06. Thank you everybody. It's been a long day for all of you. Respectfully submitted, Glynis Yamada, Secretary -Reporter APPROVED: Gabriella M. Cabanas, Chair Merit Appeals Board Page 27