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HomeMy WebLinkAbout2023-06-22 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii June 22, 2023 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 Thursday, June 22 2023. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair (via ZOOM) Ms. Kate De Soto, Member Mr. Charles Kunz, Member Mr. David A. Wiseman, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Waylen L. K. Leopoldino, Director, Human Resources Department Mr. Danny B. Patel, Deputy Director, Human Resources Department Mr. Relley Araceley, Council Services Coordinator, Office of the County Clerk Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department This meeting will be held through a combination of the Board members being physically present at the meeting location and participating via ZOOM. Merit Appeals Board Call to Order (Item 1) June 22, 2023 CHR. CABANAS: Good morning, everyone. It is 10:00 on June 22nd, 2023, the regular meeting of the Merit Appeals Board is called to order. We have quorum with all five Board members present. I'm Gabriella Cabanas, Chair of the Merit Appeals Board. Along with me is Gay Mathews, sitting in via ZOOM. She is our Vice -Chair. Good morning, Gay. Can you hear me, Gay? I don't think she can hear me. Okay. Glynis is going to call her. MS. MATHEWS: Hello. CHR. CABANAS: Hi, good morning, Gay. Can you hear me? MS. MATHEWS: Not very well. Let me crank up the sound on my end. Hold on. CHR. CABANAS: Okay. MS. MATHEWS: Okay, somebody say something, again? CHR. CABANAS: Hi, Gay, good morning. How are you? MS. MATHEWS: Here we go! CHR. CABANAS: Okay, great, she can hear us. MS. MATHEWS: Yes. CHR. CABANAS: Good morning, Gay. Okay. And then, with me in the Council Chambers of the Hawaii County Building at 25 Aupuni Street in Hilo, Hawaii, are the following Board members—Ms. Kate De Soto. Good morning. MS. DE SOTO: Hi. CHR. CABANAS: Mr. Charlie Kunz. MR. KUNZ: Good morning. CHR. CABANAS: Good morning. And Mr. David Wiseman. MR. WISEMAN: Good morning. CHR. CABANAS: Good morning. We also have our Assistant Corporation Counsel, J Yoshimoto. Page 2 Merit Appeals Board June 22, 2023 MR. YOSHIMOTO: Good morning. CHR. CABANAS: Good morning. And our Secretary -Reporter, Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Good morning. And our Director of Human Resources, Waylen Leopoldino. MR. LEOPOLDINO: Good morning. CHR. CABANAS: And our Deputy Director of Human Resources, Danny Patel. MR. PATEL: Good morning. Addendum to Agenda (Item 2) CHR. CABANAS: Looking at the agenda, we do not have any addendum to it. Statements from the Public (Item 3) CHR. CABANAS: And we have "No Statements from the Public" according to our secretary - reporter. Approval of Minutes (Item 4) April 27, 2023 CHR. CABANAS: We are now on Number 4, approval of meeting minutes for the regular meeting of April 27, 2023. Has everyone had the opportunity to review the meeting minutes and they are nodding their head. So, may I have a motion to approve the April 27, 2023, meeting minutes? MR. KUNZ: So moved. MR. WISEMAN: Second. CHR. CABANAS: Thank you. Any discussion? If not, we will start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. Page 3 Merit Appeals Board MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried to approve the meeting minutes of April 27, 2023. Review Of Executive Session Minutes June 22, 2023 April 27, 2023 (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 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. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting CHR. CABANAS: We are now on the review of the executive session meeting minutes for April 27, 2023. Has everyone had the opportunity to review those meeting minutes they're nodding their head, okay. May I have a motion to approve the executive session meeting minutes for April 27, 2023. MR. KUNZ: So moved. MR. WISEMAN: Second. CHR. CABANAS: Thank you. Any discussion? If not, we will start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. Page 4 Merit Appeals Board June 22, 2023 CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Mr. Cabanasah, Ms. Cabanas—aye. Five ayes. Motion carried to approve the executive session meeting minutes for April 27, 2023. Communications (Item 5) Communication No. 23-02, Dated May 16, 2023, From Waylen L. K Leopoldino, Director, Department Of Human Resources, Notifying The Board Of His Resignation From His Position As The Director Of Human Resources, Effective Close Of Business On Friday, June 30, 2023. Discussion Concerning Recognition Of Director Of Human Resources Waylen L. K Leopoldino Dedicated Service To The County Of Hawaii; And Confirmation Of The Appointment Of Deputy Director Of Human Resources Danny B. Patel, As The Acting Director Of The Department Of Human Resources, Pursuant To Hawaii Revised Statues, Section 76-76, Effective July 1, 2023 CHR. CABANAS: We are now on Number 5, "Communications." Discussion Concerning Recognition Of Director Of Human Resources Waylen L. K Leopoldino Dedicated Service To The County Of Hawaii (At this time, Mr. Waylen L. K. Leopoldino, Director, Human Resources Department, came forward.) CHR. CABANAS: So, Waylen, the Board acknowledges your letter of resignation with great sadness. I think that's safe to say that we are sad to see that you are resigning. We would like to present you with a lei in gratitude for all that you have done for the Department of Human Resources and for the County of Hawaii. (At this time, Ms. De Soto presented a lei to Mr. Leopoldino.) CHR. CABANAS: Before we go any further, I would like to read a congratulatory letter that is from all of us Board members and it's dated today and it's addressed to you and it says, "Dear Mr. Leopoldino, Congratulations on your nearly 13 years of service with the County of Hawaii. While we are sad to receive your resignation as the Director of Human Resources, effective close of business, June 30'', 2023, we want to wish you well in your future endeavors. Page 5 Merit Appeals Board June 22, 2023 It has been a pleasure to have worked with you the last two years. Your foresight and commitment to uphold the merit system and administer the human resources program for the County of Hawaii is greatly appreciated. With the COVID-19 pandemic, additional human resources issues were brought to light that had to be dealt with and for this we are very grateful for your efforts in leading the human resources program. We wish you good health, much happiness, and success as you journey on to a new chapter. With sincerest gratitude,"—from all of us. CHR. CABANAS: Would any of the Board members like to provide any comments to Waylen? Ms. De Soto. MS. DE SOTO: Just thank you for all your work for our County and for helping the Department of Human Resources move along and try to enact some of the visions and the goals that you first identified when you started. CHR. CABANAS: Ms. Mathews, any comments to Waylen? MS. MATHEWS: Well, as Mr. Leopoldino knows, as soon as I heard I called to try to talk him out of it. I failed. He actually had good justification for leaving. And it's been a real pleasure working with him all through these few years. CHR. CABANAS: Thank you, Gay. Mr. Wiseman. MR. WISEMAN: Yeah. Waylen, I lost count in the survey results of how many complimentary remarks for you. I noticed a couple excellence in (inaudible), but I lost count on but there's many. So, thanks for a good job and good luck in your new position. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Waylen, good luck. It's been a pleasure for quite a few years since you and I started working together and watched you come to where you are today. I'm sure wherever you land and wherever you're working, they'll be very lucky to have you—and our loss is their gain. And ditto to what Kate was saying. I think if you set the groundwork for a lot of things going forward and I think we look forward to your successor to carry on where you've left off. Thank you very much. And good luck! Be safe out there. Page 6 Merit Appeals Board June 22, 2023 MR. LEOPOLDINO: Thank you. CHR. CABANAS: Would you like to say anything else, Waylen? MR. LEOPOLDINO: Yes. Yes, I would like to say a few words. It does seem like it was just yesterday when I was being appointed to the director. As Charlie mentioned—short timer. But it was a very tough decision to leave this position because it was—from the first day I entered the master's program with UH Manoa in the human resources program that was this position has been my goal and it's been 20 years since I started that program. And I did it. I worked hard and I'm here before you today. Circumstances have changed in my life and I lived in San Francisco for most of you—most of you may know—for a year. In 2018, I worked for the City and County of San Francisco. I really enjoyed my time there. Since I moved back to Hilo, I visited frequently and I kept my connections with my friends there and my colleagues. And I was presented with this opportunity, which excited me to be in employee development for the City of San Mateo. And so, the opportunity and the offer was just too good to refuse. And I absolutely loved the Bay area, specifically, on the peninsula. And so, I look forward to what comes next. It was a hard decision because I also had to think about what I'm leaving behind. A lot of great people. And I know it's not goodbye. I know it's just—we're going to continue to remain connected. And I'm glad that we've accomplished a lot together. It wasn't just me. We have a great team and I'm excited for what's coming up with the team—and for Danny to step in temporarily. So, we're excited about that. And it helps me leave on good terms, knowing that that the department is in good hands—in addition to you all, as being great leaders and advisors to our director of human resources. I'm very comfortable with moving on. And so, again, thank you all for the advice and the ability to collaborate with you all for the last two years. It's been well received and very, very helpful. And so, good luck to everybody. Thank you. MR. WISEMAN: Yeah, Waylen, I have one question I probably saw it—I've seen it before. But what's your new position in San Francisco. MR. LEOPOLDINO: My position is going to be Senior Human Resources Analyst. MR. WISEMAN: For the city? MR. LEOPOLDINO: For the City of San Mateo. MR. WISEMAN: I see. Page 7 Merit Appeals Board June 22, 2023 MR. LEOPOLDINO: In the Employee Development Division. CHR. CABANAS: Thank you, Waylen. MR. LEOPOLDINO: Thank you. CHR. CABANAS: So, may I have a motion to accept his formal—formality—but to accept Waylen's letter of resignation—and his resignation is effective close of business on Friday, June 30'', 2023 which is next Friday. So, may I have a motion to accept his letter of resignation. MS. DE SOTO: So moved. CHR. CABANAS: Second? MR. WISEMAN: Second. CHR. CABANAS: Any discussion? If not, I will start a rollcall vote with Ms. Mathews. MS. MATHEWS: Sadly, aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried to accept Mr. Leopoldino's letter of resignation. And his resignation is effective close of business on Friday, June 30th, 2023. Confirmation Of The Appointment Of Deputy Director Of Human Resources Danny B. Patel, As The Acting Director Of The Department Of Human Resources, Pursuant To Hawaii Revised Statues, Section 76-76, Effective July 1, 2023 CHR. CABANAS: Moving along, the next item on the agenda is confirmation of the appointment of the Deputy Director of Human Resources, Danny B. Patel, as the Acting Director of the Department of Human Resources. Page 8 Merit Appeals Board June 22, 2023 And this is pursuant to the Hawaii Revised Statutes, 76-76, effective July 1" 2023. And this section specifically authorizes the acting—authorizes the deputy director to become the acting director in a situation, as this, when there is a vacancy in the director's position. So, the law allows for it, provides for it, and the deputy director will become the acting director, effective July 1st, 2023. So, may I have a motion to approve this confirmation of Danny B. Patel. MR. KUNZ: So moved. CHR. CABANAS: Second? MR. WISEMAN: Second. CHR. CABANAS: Any discussion? MR. WISEMAN: Is there a time limit on your "acting" position? MR. PATEL: I believe the only time limit is how quickly you folks can appoint a new director. CHR. CABANAS: So, for your information, Mr. Wiseman, because you're relatively new what we will be doing is at the next meeting we will agendize discussion of filling the position on a permanent basis. MR. WISEMAN: I see. CHR. CABANAS: The Board will decide how we will do that at the next meeting. So, the next meeting is going to be very important. MR. WISEMAN: Very fine. Thank you. CHR. CABANAS: You're welcome. Any other questions or discussion? MR. LEOPOLDINO: I have—may I speak? CHR. CABANAS: Go ahead, Waylen. MR. LEOPOLDINO: I just wanted to use this opportunity to ask the Board to consider Danny Patel to fill the Director of Human Resources position permanently. And I just I know all of these things that I wrote hereI know it by heart, but I did not want to miss any point because I feel it's very important that this Board understand the role that Danny has been playing since I appointed him. Page 9 Merit Appeals Board June 22, 2023 The reason why I appointed Danny is very well reflected in the job that we've done in the last two years. I did not do—the—our successes that are reflected in the evaluation and everything that I've shared with you all, is in partnership with Danny. He and I have been on the same page throughout. He and I have worked on all of these major projects together. There are some big things that is critical that there be seamless transition. The very first one is negotiations, which is coming up very soon. In fact, the State Department of Human Resources and Development has already initiated discussions. Danny and I have already been involved with many of the issues currently going on in the County. And so, that's one of the reasons why it's important to really consider an appointment of the acting director. Some other things I want to share with you, if I may, applicants will look great on paper. The interview process the interview and selection process will lack the most evaluation piece proof that the person can actually do the job. With Danny you all have that. He's great on paper and I can attest to and the staff can attest to—he can do the job. There's also, if by chance a new director is selected, there's risk. There's a huge risk in taking huge steps backwards in the progress we've already been that's already been made in filling this role with the new person. Like I've said, we've worked closely on some major projects. We're gearing up for negotiations. The temporary hazard pay, which is a huge cost to the County that he and I have been working on through arbitrationsa lot of major departmental labor issues, development of our employee recruitment and retention programs—which you've all heard great things about—and our health and safety development program, which I'll talk about in a little bit. And you need someone—in my experience, you need someone knowledgeable about all functional areas and how the—how that works within the County of Hawaii—and Danny has that. Danny also brings to the table the legal background that is—has been so crucial in our operations. It's helped me with resolving grievances, its helped us implement some pretty significant policies and procedures. He works very well hand-in-hand with Corporation Counsel. Danny has—also has experience working with the Salary Commission and with the Merit Appeals Board before he came onto—before he joined Human Resources. I am impressed with Danny's professionalism, fairness, reliability, and trustworthiness. He has proven to work well with all departments, outside agencies, and—most importantly, with our staff and management. They have his trust and they—it's easy to work with Danny. A significant shift in leadership could potentially affect the morale and the direction of the department. We have worked with the leadership team in DHR and have established regular departmental meetings to create a safe and open lines of communication for all. Page 10 Merit Appeals Board June 22, 2023 I have already been approached by staff, management, and other county stakeholders who are in full support of Danny becoming the new Human Resources Director. In consideration of the upcoming recruitment process for the new director of human resources, I ask the Merit Appeals Board, consider a direct appointment of Danny Patel. If the concern is optics in taking this route, I assure you that the issue of optics with a direct appointment is minimal compared to the issues that may arise with the unknown in initiating an open competitive recruitment process. So, I appreciate you hearing me out on this. And I'vein the last two years, I can tell you that I've experienced how critical it is that the transition be as seamless as possible because we've accomplished so much to this point. So, thank you. CHR. CABANAS: Thank you, Waylen. Mr. Wiseman. MR. WISEMAN: Yeah, I have a comment. Waylen, although this is your discussion entered into a motion for his temporary appointmentconfirmation, however, your comments were very well taken for—which would be, I'm sure by all of us taking into consideration for the next hearing when the director appointment is on the agenda. And I would suggest that you put something in writing to that effect. MR. LEOPOLDINO: Thank you. I will do that. MR. WISEMAN: Thank you. CHR. CABANAS: Because we will agendize for our July 28 h I believe it's July 28h— MR. 8h MR. WISEMAN: Yeah, it is. CHR. CABANAS: Twenty-eight meeting. So, yes, if you could put it in writing and then provide that a letter to our secretary -reporter so we have it for the record. And then, we will as a Board, we will discuss MR. LEOPOLDINO: Great. CHR. CABANAS: —our options at the July meeting. Yeah. MR. LEOPOLDINO: Great. Thank you. CHR. CABANAS: Okay. Thank you so much. Okay. So, having said all of that. So, is there a motion to MR. WISEMAN: I already made a motion. CHR. CABANAS: You made a motion. Okay. Page 11 Merit Appeals Board June 22, 2023 MR. WISEMAN: It's been seconded. CHR. CABANAS: Right. MR. WISEMAN: This was on the discussion. CHR. CABANAS: We're on discussion. Okay, thank you for the reminder. Okay. So, now we will start a rollcall vote with Ms. Mathews to confirm the appointment of Danny B. Patel as the Director—Acting Director of the Department of Human Resources. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. So, congratulations, Danny, you would be the Acting Director come July 1st, 2023. MR. PATEL: Thank you. Thank you, everyone. CHR. CABANAS: So, you should be present for our July 28th meeting. MR. PATEL: Yeah, I was planning on it. CHR. CABANAS: With all your reports. MR. PATEL: Yeah. Thank you. CHR. CABANAS: Okay, very good. Thank you very much. Page 12 Merit Appeals Board Unfinished Business (Item 6) June 22, 2023 FY 2022-2023 Annual Performance Evaluation Of The Director Of Human Resources (HR): Presentation By The Director Of HR Regarding Department's Goals And Objectives For FY 2022-2023; And SurveyMonkey Results For FY 2022-2023; NeoGov Survey Results For FY 2022-2023 (Recruitment And Examination Division – This Report Is Forthcoming) 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: So, moving along, we are now on Number 6, "Unfinished Business." Waylen, I want to ask you—what is your comfort level for this? Would you like to make this presentation in an open session or in an executive session? MR. LEOPOLDINO: May I request executive session? CHR. CABANAS: Okay, sure. May I have a motion for the Board to enter into an executive session for the presentation of the director's goals and objections for fiscal year 2022-2023. MR. KUNZ: So moved. MS. MATHEWS: So moved. CHR. CABANAS: Thank you. Any discussion? If not, we MR. WISEMAN: I'll second the motion. CHR. CABANAS: Oh, I think someone did. Okay—motion seconded. But I think it was Ms. Mathews, right? Any discussion? If not we will start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. Page 13 Merit Appeals Board June 22, 2023 CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried for an executive session to allow the presentation of the director's department goals and objectives for fiscal year 2022-2023. RECESS: The meeting recessed to convene executive session. RECONVENE: The meeting reconvened at 12:29 p.m. in open session. CHR. CABANAS: Let the record reflect that the Board is in open session and we are awaiting for the arrival of the Director of Human Resources, so we may continue with his evaluation. FY 2022-2023 Annual Performance Evaluation Of The Director Of Human Resources (HR): Presentation By The Director Of HR Regarding Department's Goals And Objectives For FY 2022-2023; And SurveyMonkey Results For FY 2022-2023; NeoGov Survey Results For FY 2022-2023 (Recruitment And Examination Division – This Report Is Forthcoming) 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: Thanks for coming back. Waylen. (At this time, Mr. Leopoldino returned to the Council Chambers.) CHR. CABANAS: So, our recess for the open session has ended. And we are now—still on Number 6. The Board has concluded, Waylen, your evaluation. And so, at this time, I would like to entertain a motion regarding the director's evaluation. MR. WISEMAN: I move to approve the director's evaluation with the Board's evaluation with high commendation. CHR. CABANAS: That he meets the expectations. MR. WISEMAN: That he meets the expectations. Page 14 Merit Appeals Board MS. DE SOTO: Second. June 22, 2023 CHR. CABANAS: Okay, any discussion? We will start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. Mr. Leopoldino or Waylen, your evaluation was that you meet the expectations of the Director of Human Resources for the Fiscal Year 2022-2023 Annual Performance Evaluation. So, congratulations, Waylen. MR. LEOPOLDINO: Thank you very much. CHR. CABANAS: You're welcome. And our high regards to you and your staff for all the work that they have done, especially this last fiscal year—`cause it's a lot. MR. LEOPOLDINO: Thank you. CHR. CABANAS: Let's see. Any other—any comments or questions for Waylen? No? Okay. And thank you for providing all the budget sheets for us to review. I think it gives the Board a good idea as to what's involved when you and your staff work on the line items for each of the eight functional areas. So, thanks for doing that. That was very helpful. MR. WISEMAN: Yeah. Just one comment and I'm going to repeat, which was off the record before that I think since this is your last time here before the Board that I think the I'd like to submit that the County of Hawaii is very fortunate in having your services as Director, and compliments to you and your staff. MR. LEOPOLDINO: Thank you. CHR. CABANAS: There is one item that we still need Waylen's presentation on. It's Number 8, the "Director's Report." So, if it's okay with the Board, can we take that out of Page 15 Merit Appeals Board June 22, 2023 order—and since Waylen is here, can we move it up in the agenda, and have him do his presentation for the MAB monthly division activity report for the months of May and June. MR. WISEMAN: Yes, of course. CHR. CABANAS: So, may I have a motion to move up the director's reports, that we can take it up now. MS. MATHEWS: So moved. CHR. CABANAS: Thank you. Second? MR. WISEMAN: Second. CHR. CABANAS: Thank you. Any discussion? If not, we'll start a rollcall vote with Ms. Mathews to approve the motion. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried—five ayes. Page 16 Merit Appeals Board Director's Report (Item 8) June 22, 2023 MAB Monthly Divisional Activity Report: May And June 2023 (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 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. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: We will take the "Director's Report" at this time. So, you may have the floor, Waylen. MR. LEOPOLDINO: Thank you. Waylen Leopoldino, Director of Human Resources. MAB Monthly Divisional Activity Report: May and June 2023 MR. LEOPOLDINO: I would like to present to Chair Cabanas and the members of the Merit Appeals Board, our Monthly Divisional Activities Report for the Month of June 2023. If you'd like some time to review it and I'm happy to answer any questions that you may have. I might add, many of these items have already been presented in the performance review presentation and a lot of it, as we discussed when we determined the format of this report a lot of it is continuation of activities from a previous month. CHR. CABANAS: I have one question, Waylen. MR. LEOPOLDINO: Yes. CHR. CABANAS: The labor relations position that's been that was filled in May, is that a second position? MR. LEOPOLDINO: So, it's a total of two in labor CHR. CABANAS: Two now. MR. LEOPOLDINO: So, the manager and then their labor specialist. CHR. CABANAS: Oh, great. Oh, okay great. Okay. Anyone have questions for Waylen. He's right, he did cover most of it earlier in our meeting. Okay. If not, may I have a motion to accept and file the two divisional monthly activity reports—one was from May, and the other one for June of this year. MS. MATHEWS: So moved. Page 17 Merit Appeals Board MR. KUNZ: Second. June 22, 2023 CHR. CABANAS: Thank you. Any discussion. If not, we will start with a rollcall vote with Ms. Mathews to approve the motion to accept and file these two monthly divisional reports. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion approved to accept and file the May and June 2023 monthly divisional reports. Okay, Waylen MR. LEOPOLDINO: I have a question that I forgot to ask with regard to the survey results and I brought this concern up in the past. In an effort to make improvements in our department, is it okay for me to not share the report itself—but, in general terms, share some of the concerns with my managers so that we can work through— CHR. CABANAS: Waylen, is this going, in part, back to your evaluation? MR. LEOPOLDINO: Yes. CHR. CABANAS: Because then we can go into executive session. MR. LEOPOLDINO: Oh, okay. CHR. CABANAS: Yeah. MR. LEOPOLDINO: Yes. CHR. CABANAS: So, can I have a motion for the Board to enter into executive session. Page 18 Merit Appeals Board MR. KUNZ: So moved. June 22, 2023 CHR. CABANAS: with respect to Number 6, the annual performance evaluation of the director of human resources. MR. KUNZ: So moved. MS. DE SOTO: Second. MR. YOSHIMOTO: Not to be a stickler, but we finished with Number 6, right. So, we would need a motion to reconsider—bring that back up on the agenda for Robert's Rules, right—to bring it back to life—`cause we've already concluded. I'm assuming that will pass. CHR. CABANAS: Right. But it's to answer his question MR. YOSHIMOTO: Correct. CHR. CABANAS: pertaining to sharing of information. MR. YOSHIMOTO: Yeah. CHR. CABANAS: Right. So, do we need to re -word it. MR. YOSHIMOTO: Yeah. I would recommend that the Board make a motion to reconsider Item number 6, for the reason stated, as far as answering questions from the director. And then, you can vote and you pass that—and then Number 6 can come back because it's already been disposed of. CHR. CABANAS: Okay. MR. YOSHIMOTO: Motion to reconsider Number 6. CHR. CABANAS: Okay. So, can I have— MR. WISEMAN: (Inaudible.) CHR. CABANAS: Is there a second? MS. DE SOTO: Second. CHR. CABANAS: Any discussion? We will start a roll—yes, Gay, go ahead. MS. MATHEWS: I don't think whoever said that had their mic. on, which means it's going to be a problem for Glynis `cause I had no idea what somebody said. Page 19 Merit Appeals Board June 22, 2023 MR. WISEMAN: I move to go into executive session to reconsider Number 6 of the evaluation. MS. MATHEWS: Thank you. CHR. CABANAS: Is that okay? MR. YOSHIMOTO: The motion should be move to reconsider Item number bas simple as that. CHR. CABANAS: You have him to restate it? MR. WISEMAN: That's what I said. MR. YOSHIMOTO: He said to move into executive session but, actually, it's a motion to reconsider. CHR. CABANAS: To reconsider Number 6 in MR. WISEMAN: In executive session. CHR. CABANAS: in an executive session. Yeah. MR. WISEMAN: So I move to executive session to consider—reconsider Number 6. CHR. CABANAS: Okay. Is there a second? MR. WISEMAN: I thought I said that. MR. YOSHIMOTO: Just to be clear. MR. WISEMAN: Okay. MR. YOSHIMOTO: So, the motion to reconsider is in the open session right now, right, so we're MR. WISEMAN: I said in open session. MR. YOSHIMOTO: And then we move to go into executive session separately MR. WISEMAN: Very well. CHR. CABANAS: Is there a second? MS. DE SOTO: Second. Page 20 Merit Appeals Board June 22, 2023 CHR. CABANAS: Is there any discussion? Okay. We will start a rollcall vote to approve the motion made—starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. We are now going into executive session at 12:40 MR. YOSHIMOTO: Now you need to make a separate motion to go into executive session. CHR. CABANAS: Oh, okay. So, now we need a motion to go back into executive session. MS. DE SOTO: So moved. CHR. CABANAS: Second? MR. KUNZ: Second. CHR. CABANAS: Any discussion? If not, a rollcall vote starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. Page 21 Merit Appeals Board June 22, 2023 MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried for the Board to enter into executive session at 12:44 p.m. Glynis will be securing the Council Chambers door—she's locking it. RECONVENE: The meeting reconvened at 12:44 p.m. in executive session. RECONVENE: The meeting reconvened at 12:51 p.m. in open session. CHR. CABANAS: Okay, so we are now on Number 7 MR. YOSHIMOTO: Madam Chair, if I can? So, if the Board can just announce the results of that executive session that the Board answered the questions that were posed—so the public knows, right, `cause we went into executive session, so we should announce that—yeah, what the Board did as far as answering his question. I don't think you need another motion—and just state, for the record, what happened `cause it didn't require CHR. CABANAS: Okay. So, for the record, the Board in its executive session answered the questions that were raised by the Director of Human Resources concerning the annual performance evaluation of the director for fiscal year 2022-2023. Okay. New Business (Item 7) FY 2023-2024 Annual Performance Evaluation Of The Director Of Human Resources (HR): SurveyMonkey Questions For FY 2023-2024 (Line Department Survey); And SurveyMonkey Questions For FY 2023-2024 (Employee Survey); And Merit Appeals Board's Evaluation Tool For The Director Of HR For FY 2023-2024 (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: We are now on Number 7, "New Business." And so, do we need to go into executive session, Board members—do you want to discuss this in executive session? No? Are you comfortable with utilizing the questions that we just used for next year and the process that was involved. Okay, if that is so—may I have a motion to approve the process for fiscal year 2023-2024. MR. KUNZ: So moved. Page 22 Merit Appeals Board MS. DE SOTO: Second. June 22, 2023 CHR. CABANAS: Any discussion? If not, we'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried to utilize the SurveyMonkey questions for the line department survey, SurveyMonkey questions for the employee survey, and the Merit Appeals Board evaluation tool for the director of HR for the annual performance evaluation of the director of human resources for fiscal year 2023-2024. Director's Report (Item 8) MAB Monthly Divisional Activity Report: May And June 2023 (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 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. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) (Previously taken out of order.) Announcements (Item 9) CHR. CABANAS: Are there any "Announcements" at this time? Page 23 Merit Appeals Board June 22, 2023 Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Friday, July 28, 2023, At 10:00 A.M. At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 CHR. CABANAS: Okay, if not, our next meeting date is scheduled for Friday, July 28', at 10 a.m. at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Adiournment (Item 11) CHR. CABANAS: May I have a motion to adjourn today's meeting. MR. WISEMAN: I move to adjourn. CHR. CABANAS: Second? May I have a second? MS. DE SOTO: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews to adjourn today's meeting. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Page 24 Merit Appeals Board June 22, 2023 Five ayes. Motion carried. Meeting is adjourned at 12:55 p.m. Respectfully submitted, n 1 ' U ,hak Glynis Yamada, Secretary-Reporter APPROVED: )41Atitlit. 44 . NalU.rlti ." Gabriella M. Cabanas, Chair Merit Appeals Board Page 25