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HomeMy WebLinkAbout2022-01-14 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii January 14, 2022 (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, January 14, 2022. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair Ms. Kate De Soto, Member Ms. Gay Mathews, Member Absent and Excused Mr. Charles Kunz, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Stacie Iwasaki, Specialist I, Human Resources Department (via Zoom) Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Mr. Relley Araceley, Council Services Coordinator, 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 COVID-19 dated November 29, 2021. Pursuant to the Governor'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. Merit Appeals Board Call to Order (Item 1) January 14, 2022 CHR. CABANAS: Good morning, everyone. I'm calling the regular meeting of the Merit Appeals Board to order at 10 a.m. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board. We have quorum today with four Board members present in the Hilo Council Chambers at the Hawaii County Building at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. And I would like to introduce our Board members starting with Mr. Mel Ventura, our Vice -Chair. Good morning, Mel. MR. VENTURA: Good morning and aloha. CHR. CABANAS: And also Gay Mathews and Kate De Soto. Good morning to both of you. MS. MATHEWS: Good morning. MS. DE SOTO: Good morning. CHR. CABANAS: Mr. Charlie Kunz, our fifth Board member, is excused today and is not present with us but we do have quorum. And I just would like to wish a Happy New Year to all of you, wishing you good health and much happiness in 2022. We also have our Secretary -Reporter, Glynis Yamada. Good morning, Glynis. MS. YAMADA: Good morning. CHR. CABANAS: And our Assistant Corporation Counsel, J Yoshimoto. MR. YOSHIMOTO: Good morning, everyone, Happy New Year. CHR. CABANAS: Happy New Year, J. Also, we have from the Office of the County Clerk, Relley Araceley, who is staffing the computer equipment to make sure we have Zoom capability. Good morning, Relley—and thank you for all that you do to help us. Sitting in via Zoom, we have Ms. Stacie Iwasaki from the Department of Human Resources—good morning, Stacie. MS. IWASAKI: Good morning. CHR. CABANAS: Happy New Year. MS. IWASAKI: Same to you guys—Happy New Year. CHR. CABANAS: And so, without any further ado, I'd like to proceed with the agenda. Page 2 Merit Appeals Board Addendum to Agenda (Item 2) CHR. CABANAS: Looking at it, there is no addendum to the agenda. Statements from the Public (Item 3) CHR. CABANAS: We have no "Statements from the Public." Approval of Minutes (Item 4) CHR. CABANAS: There are no minutes to approve. Communications (Item 5) CHR. CABANAS: No "Communications" either. New Business (Item 6) January 14, 2022 Election Of Merit Appeals Board Chair And Vice -Chair For The Calendar Year 2022 CHR. CABANAS: So we are now at Number 6 on the agenda "New Business." Before we proceed, I would just like to briefly summarize the Chair's responsibilities so we all know what's involved and I just developed something really quickly for everyone. First of all, the Chair sets the agenda for Board meetings with the secretary -reporter and our attorney from Corporation Counsel, and approves the agenda for our meetings. The Chair also drafts correspondence for the Board and oversees matters concerning the Board and discusses such matters with either Corporation Counsel or the Deputy Attorney General as appropriate. The Chair signs Findings of Fact, Conclusions of Law letters, documents, et cetera, for the Board. And the Chair also facilitates Board meetings and appeal hearings. So, that's basically it in a nutshell. And then, the absence of the Chair, the Vice -Chair assumes these responsibilities as well. So, at this time, I'd like to entertain a motion for nominees to the Board Chair and Vice -Chair for the calendar year 2022. MS. MATHEWS: I move we leave the slate exactly as it is now. So, you are you, Ms. Cabanas, as Chair; and you, Mr. Ventura, as Vice -Chair. CHR. CABANAS: Is there a second? Thank you, Gay. MS. DE SOTO: Second. Page 3 Merit Appeals Board January 14, 2022 CHR. CABANAS: Moved by Ms. Mathews and seconded by Ms. De Soto to have the Chair with Gabriella Cabanas, and the Vice -Chair with Mr. Melvin Ventura. Any discussion? Mel, is that okay with you? MR. VENTURA: (Inaudible.) CHR. CABANAS: Okay. If there's no discussion, I'd like to initiate the rollcall vote starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. So, there's four votes—aye—and Mr. Kunz is absent today, so he's excused. So, thank you very much, fellow Board members, for your confidence in me and Mr. Ventura. I think we work as a good tag team. And so, I appreciate all your support. And I must say that I have enjoyed working with all of you in the year 2021. I feel we have a good Board that all of us come from different walks of life—career pathways—different career pathways but we are sincere, we're honest, we are here for the right reason to do what we need to do and support the Merit System. So, I just want to thank you. And I'd like to yield to Mr. Ventura, if he'd like to have any comments. MR. VENTURA: Yeah, it's been an interesting year but I really appreciate all of the Board members and all of the support. I will try to make it to meetings in-person, I tend to prefer it. And yeah, just thank you—and I look forward to serving as Vice -Chair, again, for this year. CHR. CABANAS: Thank you, Mel. And—okay. So, we are done with the new business. Page 4 Merit Appeals Board Unfinished Business (Item 7) January 14, 2022 Selection Process For Filling The Position Of New Director Of Human Resources: Assessment And Review Of Selection Process For Filling The Position, Timeline, 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 CHR. CABANAS: And I'd like to move on to the "Unfinished Business." At this time, I'd like to entertain a motion and a second for the Board to go into executive session. MR. VENTURA: I so move. CHR. CABANAS: Thank you, Mel. Second? MS. MATHEWS: Second. CHR. CABANAS: Moved by Mr. Ventura, seconded by Ms. Mathews for the Board to enter into executive session to discuss the selection process for filling the position of the new director of human resources. Are there any discussion? If not, I'd like to start rollcall vote, starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. There are four ayes to go into executive session with Mr. Kunz, who is absent today, excused from the vote. At this time, it is 10:08. We will secure the Hilo Council Chambers and we will lock the doors. And, Glynis, does the sound system—is not on outside, right? Okay. Page 5 Merit Appeals Board January 14, 2022 RECESS: The Chair called for a recess at 10:08 a.m. to convene executive session. RECONVENE: The meeting reconvened at 2:42 p.m. in open session. Assessment And Review Of Selection Process For Filling The Position, Timeline, 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 CHR. CABANAS: So, at this time may I have a motion to—in an open meeting to cover the selection process for filling the position of new director of human resources as discussed in our executive session. MR. YOSHIMOTO: Yes. So, Madam Chair, that item would be—motion would include the continuance of that matter to the next agenda meeting on February 2nd at 9 a.m. CHR. CABANAS: May I have a motion to continue our process to February 2nd at 9 a.m. in the Hilo Council Chambers at the Hawaii County Building. MS. MATHEWS: So moved. CHR. CABANAS: Thank you, Gay. May I have a second? MR. VENTURA: Second. CHR. CABANAS: Thank you, Mel. Any discussion? If not, I will start with the rollcall vote to continue our selection process for filling the position of the new director of human resources to February 2nd at 9 a.m. in the Hilo Council Chambers of the Hawaii County Building. Starting with the rollcall vote, Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. Page 6 Merit Appeals Board CHR. CABANAS: Ms. Cabanas—aye. January 14, 2022 We have four ayes, one excused—who is Mr. Charlie Kunz, he's absent today. Thank you very much, everyone. Director's Report (Item 8) CHR. CABANAS: Following the agenda, there is no "Director's Report," however, Mr. Leopoldino, our Acting Director of Human Resources has issued a memorandum to the Board and I will read it. It is dated January 13, 2022, on his unavailability to attend the Merit Appeals Board meeting on January 14, 2022 which is today—due to his participation in an interest arbitration hearing scheduled during the week of January 11 through the 14, 2022. And it says: "It is with regret to inform you that I will be unable to attend the Merit Appeals Board meeting scheduled on Friday, January 14, 2022. My participation is required at the Hawaii Fire Fighters Association interest arbitration hearing scheduled from January 11 through 14d', 2022. As part of the Employer group we are engaged with the Union and appointed arbitrators concerning the terms to be included in a new collective bargaining agreement. I appreciate your understanding and I look forward to joining you at the Merit Appeals Board meeting scheduled on February 2nd, 2022." Let the record show that we are receiving and filing the director's memo, dated January 13, 2022 (SEE ATT. A). Schedule Next Meeting Date (Item 9) CHR. CABANAS: At this time, can we schedule the next meeting date—and we have looked at February 2nd on the availability of all Board members. So, this would be at 10 o'clock in the oh, I'm sorry -9 o'clock. Thank you, Board members. So, the next meeting date February 2nd at 9 in the Hilo Council Chambers of the Hawaii County Building. May I have a motion to schedule this meeting date for February 2nd at 9 a.m.? MR. VENTURA: So moved. CHR. CABANAS: Thank you, Mel. Do I have a second? MS. DE SOTO: Second. CHR. CABANAS: Thank you, Kate. Any discussion? If not, I will start rollcall vote with Mr. Ventura. Page 7 Merit Appeals Board MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. January 14, 2022 And Mr. Kunz, who's absent today, is excused. So we have four ayes. Our next meeting date will be February 2nd at 9 a.m. in the Hilo Council Chambers of the Hawaii County Building. Adiournment (Item 10) CHR. CABANAS: The next item is "Adjournment" for today's meeting. May I have a motion to adjourn today's meeting? MS. MATHEWS: So moved. CHR. CABANAS: Thank you, Gay. Second? MR. VENTURA: Second. CHR. CABANAS: Okay, Mel second. Any discussion? If not, I'll start with a rollcall vote to adjourn today's meeting, starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. We have four ayes and Mr. Charlie Kunz, who's absent today, is excused. Page 8 Merit Appeals Board January 14,2022 Let the record show the meeting is adjourned at 2:48 p.m. Thank you everyone, and have a great weekend. Respectfully submitted, )0,11-ap V-04A) Glynis Yamada, Secretary-Reporter APPROVED: )1CjALLtJ/A /IA,A . ea 17014.4 cGabriella M. Cabanas, Chair Merit Appeals Board Page 9 Mitchel[D.Roth I ovi 9f Hq ,, Waylen L.K. Leopoldino Mayor c;• 4i'•� Acting Director of Human Resources ilk County of Hawaii Department of-Human Resources Aupuni Center 101 Pauahi Street,Suite 2*Hilo,Hawaii 96720 (808)961-8361+Fax(808)961-8617 website:http://hawaiicounty.gov/human-resources a-mail:jobs@hatitiaiicounty.gov January 13, 2022 To: Gabriella M. Cabanas, Chair, and Members of the Merit Appeals Board From: ,Waylen L. K. Leopoldino, ActingDirector Y p Department of Human Resources Subject: Unavailable to Attend the Merit Appeals Board Meeting on January 14, 2022, Due to My Participation in Interest Arbitration Hearings Scheduled During the Week of January 11 through 14, 2022 It is with regret to inform you that I will be unable to attend the Merit Appeals Board meeting scheduled on Friday, January 14, 2022. My participation is required at the Hawai`i Fire Fighters Association (HFFA) Interest Arbitration Hearings scheduled from January 11 through 14, 2022. As part of the Employer group, we are engaged with the Union and appointed arbitrators concerning the terms to be included in a new collective bargaining agreement. I appreciate your understanding, and I look forward to joining you at the Merit Appeals Board meeting scheduled on February 2, 2022. WLKL/gy Hawaii County is an Equal Opportunity Provider and Employer. ATT. A