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HomeMy WebLinkAbout2023-07-28 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii July 28, 2023 (Friday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:07 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, July 28, 2023. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair Ms. Kate De Soto, Member Mr. David A. Wiseman, Member (via ZOOM) Absent and Excused Mr. Charles Kunz, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Danny B. Patel, Acting Director, Human Resources Department Mr. James E. Halvorson, Deputy Attorney General, Office of the Attorney General (via ZOOM) Mr. Ryan K. Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. Donn T. Hakoda, Engineering Support Technician III, Public Works Department 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) July 28, 2023 CHR. CABANAS: So, the regular meeting of the Merit Appeals Board is called to order on this day, July 28, 2023, at 10:07 a.m. We have quorum today with four Board members present. Three of us are in the Hilo Council Chambers of the Hawaii County Building at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board. Here with me is our Vice -Chair, Gay Mathews. MS. MATHEWS: Good morning. CHR. CABANAS: And Kate De Soto. Good morning. MS. DE SOTO: Good morning. CHR. CABANAS: And appearing via ZOOM, Mr. David Wiseman. MR. WISEMAN: Good morning. CHR. CABANAS: Also, in the Council Chambers is our Secretary -Reporter, Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Our Acting Director of Human Resources, Danny Patel. MR. PATEL: Good morning. CHR. CABANAS: From the Office of the Corporation Counsel, Ryan Thomas. Good morning. MR. THOMAS: Good morning. CHR. CABANAS: And we also have a County of Hawaii employee, Mr. Donn Hakoda. MR. HAKODA: Good morning. CHR. CABANAS: Appearing via ZOOM from Oahu is our Board's attorney on the matter of the battalion fire chief item on the agenda—Mr. James Halvorson. Good morning, Mr. Halvorson. MR. HALVORSON: Good morning. Page 2 Merit Appeals Board July 28, 2023 CHR. CABANAS: And also our Board attorney for the regular meeting, Mr. J Yoshimoto, Assistant Corporation Counsel. MR. YOSHIMOTO: Good morning, Madam Chair, Board members. CHR. CABANAS: Good morning, J. And I think that's everyone. For the record, we do have one Board member absent, Mr. Charles Kunz—is absent and excused from today's meeting. Addendum to Agenda (Item 2) CHR. CABANAS: There is no addendum to the agenda. Statements from the Public (Item 3) CHR. CABANAS: Any "Statements from the Public?" No. Okay. Approval of Minutes (Item 4) CHR. CABANAS: There's no approval of any prior meeting minutes. 10:00 A.M. HEARING RE COMMUNICATION NO. 23-03 - Appellant's Motion for Mediation: Communication No. 23-03, Received On June 20, 2023, From Margery S. Brouster And Robert M. Hatch, Attorneys For Appellants, Re Appellants' Motion For Mediation; Notice Of Hearing; Certificate Of Service (In The Matter Of The Appeal(S) By: Aaron Arbles; Robert Bailey; Reuben Chun; Michael Gahan; Michael Hayashida, Garret Komatsu; Gerald Kosaki; Steve Loyola; Jerry Lum; Ty Medeiros; Paul Paiva; Raymond Rowe, Jr.; Warren Sumida; And Alvin Tobosa, Appellants, Regarding Individual(S) Whose Action(S) Are Being Appealed: Mitch Roth, Mayor, County Of Hawaii, And Waylen L. K. Leopoldino, Director Of Human Services, County Of Hawaii, Employer) (Board Action Required. Approve Or Deny Appellant's Request To Order The Parties To Mediation With A Private Mediator To Be Agreed Upon By The Parties) Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter Listed On The Agenda, 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: So, now we are on the agenda dealing with the hearing regarding Communication number 23-03, the appellant's motion for mediation. Let the record show that for Waylen L. K. Leopoldino, it should read "Director of Human Resources." Page 3 Merit Appeals Board July 28, 2023 The Chair would also like to state that in my prior work experience with the County of Hawaii, I know all of these fire battalion chiefs in the course of their work with the Hawaii Fire Department and my work as a HR Manager in the Department of Human Resources. But I feel very strongly that I can be objective and that my working relationship with these fire battalion chiefs will not sway me in any way, as the Chair, and as a member of the Merit Appeals Board. If there are any concerns or questions, please raise it at this time. Mr. Wiseman, you have a question? MR. WISEMAN: Not a question, just a statement. I would compliment the Chair on her disclosure—public disclosure of those facts. Something the U.S. Supreme Court doesn't seem inclined to do. Thank you. CHR. CABANAS: Thank you, Mr. Wiseman. I just want to state that in the course of my work for the County over thirty -seven-and-a-half years, even when I knew individuals personally or through work—it didn't sway me in my work for the Department of Human Resources. And my position remains the same as the Chair. It's not going to sway me in any way. Anyway, at this time, so after this was—after Communication number 23-03 was agendized, we received from the attorneysBronster Fujichaku Robbins, a Law Corporationa Communication number 15-01 through 15-14 a stipulation—one, for mediation; and Number two, to withdraw the appellant's motion for mediation, dated June 20'', 2023. And it's listed on the form that this is Communication number 23-03.01. So, I'm going to read the stipulation, if you can follow along with me. (At this time, Chair Cabanas proceeded to read Communication No. 23-03.01.) CHR. CABANAS: On the form you will notice that they typed in "Approved and so ordered" and has my name, "Gabriella M. Cabanas, Merit Appeals Board Chair, County of Hawai`i." But this, to me, requires Board action in order for my signature—my electronic signature, to be noted on the stipulation. Now, before we go any further, this appeal goes back to 2015 with another Merit I mean, it was with the Merit Appeals Board for the County but with five different members. It has gone eight years and we now have new members on the Merit Appeals Board. A lot of history has gone in the eight-year period. The appellants filed an appeal to the Circuit Court and then they filed an appeal to the Intermediate Court of Appeals. And the Intermediate Court of Appeals then ruled in the battalion chiefs favor, which led to this request for mediation, but in the meantime they—two parties agreed to go through the mediation. So, we don't really need a hearing today because they have decided on the mediation. Page 4 Merit Appeals Board July 28, 2023 I'm going to ask our attorney from the attorney general's office to brief the Board and then answer any questions that you may have. So, Counsel Halvorson, could you please brief our Board and answer any questions we may have. (At this time, Mr. James E. Halvorson, Deputy Attorney General, Office of the Attorney General, addressed the Board.) MR. HALVORSON: Our office has had limited participation since the original decision by the Merit Appeals Board eight years ago. That decision was drafted by a former deputy in my division, Julian White, who has since retired. After that in the appellate process, we did not file any briefs and we left it up to the parties to fight it out. This is a similar case to one that was heard in Honolulu involving battalion chiefs for the City and County of Honolulu's Fire Department. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: I have—Madam Chair? Are you finished there? MR. HALVORSON: Yeah. I'm done. MR. WISEMAN: Okay. May I? CHR. CABANAS: Yes, go ahead. MR. WISEMAN: It's my understanding they (inaudible) the Intermediate Court of Appeals reversed to Circuit Court. And then, it was appealed to the Supreme Court but they rejected it. So, it went back and it's my understanding the only issue, which is an excellent issue for mediation is how much? In other words, the liability has been established, they must pay the battalion chiefs for their claim which I understand is backpay and so on. And the question is the only question to be answered or determine is—how much is that going to be? And this is the subject issue that would be for mediation. So, in view of the history of this case and the length of time, I would make a motion that the Chairperson be authorized to sign the stipulation submitted—taking this matter off calendar. CHR. CABANAS: Okay. Thank you for the motion. Is there a second? MS. MATHEWS: I second. CHR. CABANAS: Thank you, Ms. Mathews. Any further discussion? If not, we will start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. Page 5 Merit Appeals Board CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. July 28, 2023 There are four ayes. Motion carried to take the request for a hearing for the fire battalion chiefs off the calendar today. Let the record reflect that Mr. Kunz is absent and excused from today's meeting. MR. WISEMAN: Madam Chair, also we need to amend the motion. It's the motion is actually, you are signing the stipulation with (inaudible) motion. It's not just today, it's CHR. CABANAS: Yes, that's correct. My apology. So, it should also be the motion is to allow me to have my electronic signature approving—so ordered that they will move forward with the mediation between the two parties. Do I need another second? MR. WISEMAN: I'll second that. CHR. CABANAS: But you made the motion, initially, right? MR. WISEMAN: Yeah, but we just amended it. CHR. CABANAS: I'm amending it? MR. WISEMAN: Well, let me CHR. CABANAS: So, you made the motion to make the amendment, so I need someone else from the Board to make the second, correct? MR. WISEMAN: Okay. CHR. CABANAS: Yeah. MS. MATHEWS: I second. CHR. CABANAS: Thank you, Ms. Mathews. Any further discussion? If not, we'll start a rollcall vote, again, with Mr. Wiseman. MR. WISEMAN: Aye. Page 6 Merit Appeals Board CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. Thank you. July 28, 2023 I have been advised that we need to go back and go back to having a main motion, as amended to vote on the original motion, as amended. Okay. MR. HALVORSON: I don't think we even need to do that. CHR. CABANAS: We don't? MR. HALVORSON: I think we just forwarded two motions should take care of all the business. CHR. CABANAS: Okay, very good. Okay. Thank you. Thank you, Jim. Okay. Communication(s) (Item 5) Communication No. 23-05, Received On July 10, 2023, From Appellant Appealing A Classification Or Reclassification Of A Particular Position Action (Denial Of A Reallocation Request From An Engineering Support Technician III To An Engineering Support Technician IV) By The Hawaii County Human Resources Department (Board Action Required: Settinz A Hearinz Date And Deadlines For Submittal Of Documents) CHR. CABANAS: Okay. We are now on Number 5, "Communication"—Communication number 23—dash. Oh, wait, before I do that, before I go on to "Communication" Mr. Halvorson, I think your role has concluded with us, if there are no other questions about the fire battalion chief? You still need to be on because we have the appeal coming up. Okay, so please stay on. So, Communication number 23-05—so at the dais we have our Corporation Counsel Attorney, Ryan Thomas, and the Appellant, Mr. Donn Hakoda. (At this time, Mr. Ryan T. Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel; and Mr. Donn T. Hakoda, engineering Support Technician III, Public Works Department, came forward.) Page 7 Merit Appeals Board July 28, 2023 CHR. CABANAS: Good morning, to both of you. So, I do know Ryan in his official capacity. The Chair also knows Mr. Donn Hakoda, and Donn has worked for the County for a number of years. And, again, I know him as a County of Hawaii employee. So, I just wanted to be transparent in my working relationship with Donn. Okay. So, at this time, the Board is looking to setting a hearing date with deadlines for submittal of documents. So, we're looking at having your hearing, here, in the Hilo Council Chambers, on August 30'', 2023, which is a Wednesday. So, it will be here in the Hilo Council Chambers of the Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, at Hilo, Hawaii. Yes, Mr. Thomas? MR. THOMAS: I'm still going be out of the office for a couple of weeks in August. CHR. CABANAS: Okay. MR. THOMAS: So, I'm wondering if it's possible if we can get a rescheduled date, if that works for the Board? CHR. CABANAS: Okay. Well, our next meeting will be at the end of September. MR. THOMAS: That's fine with me, if Appellant agrees, and if that's okay with the Board. I'd ask that we CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: (Inaudible)—I won't be here for September and I'd like to be present for this hearing. CHR. CABANAS: Okay. So, the next meeting would be in October. MR. WISEMAN: Why can't we have it on August 30? CHR. CABANAS: We can, but Mr. Thomas, the attorney for the County, will not be available. MR. THOMAS: So, just to clarifyI will be available on that day, just I won't be able to prepare for the hearing because I'll be gone for two weeks. CHR. CABANAS: Oh, I see. And there's no one else that could prepare it? MR. THOMAS: Unlikely, at this time. CHR. CABANAS: Okay. I know we polled our Board members for availability for the month of October, but I don't think we had a specific date set—did we, Glynis? So, we're looking at October 26 or October 27 but because Mr. Kunz is out of state, we don't know his availability Page 8 Merit Appeals Board July 28, 2023 for those two dates. We could do it in September—Ms. Mathews is asking, if we have quorum why couldn't we do it in September. We could. There will be one, two, three, four of us. Oh, David is absent and he wants to be—he wants to sit in on the hearing. MR. WISEMAN: Or, perhaps, I can ZOOM in from Portugal that's where I'll be. CHR. CABANAS: I mean, professionally, I don't like to see these drag out months and months and months. `Cause to me, it's not fair to the appellant and it's not fair to the County attorney. We shouldn't be dragging it out so far out. MR. WISEMAN: Madam Chair? CHR. CABANAS: Yes? MR. WISEMAN: Mr. Thomas, isn't it possible you can—someone else can take this case over? It doesn't seem to be that complicated. MR. THOMAS: Sorry, Mr. Wiseman, I don't have authority—and I do know that we're short- staffed, particularly, in the litigation section at this time. So, it's unclear. I would have to speak with the higherups but I'm not sure if that will be an option for this matter right now. MR. WISEMAN: I agree with the Chair. I mean, these matters shouldn't drag on and on. MS. MATHEWS: So, Mr. Wiseman, is there any reason you couldn't ZOOM in? MR. WISEMAN: In September? MS. MATHEWS: Whenever it is you're—yes, September. CHR. CABANAS: September—yes. MR. WISEMAN: Yeah, most likely I can figure out the time and everything. Sure. CHR. CABANAS: Okay. But there is a significant time difference. And my work experience with appeal hearings is that sometimes it can last all day. So, I think everyone should expect that this hearing will not be a short hearing. MR. HAKODA: Madam Chair, what date in September are you thinking of? I'm going to be gone at the end of the month. CHR. CABANAS: Oh, okay. MR. HAKODA: On a trip. Yeah. CHR. CABANAS: Okay, that's good to know, too. Page 9 Merit Appeals Board MR. HAKODA: Yeah. July 28, 2023 CHR. CABANAS: So, we would have quorum either September 26h, 27h, or 291'—and that's when you're going to be gone? MR. HAKODA: Unfortunately, that's when I'll be off -island. CHR. CABANAS: Oh, okay. So, with that, you're not available in September. Mr. Wiseman wants to be available for the appeal hearing—we need to respect that. So, looks like we're going to have to have the hearing in October either October 26h or October 27h. What days are those—Thursday and a Friday. MR. WISEMAN: Madam Chair, I would suggest that we set the date in October subject to Mr. Thomas—seeing if anything can be worked out for the August 30 date then he can inform the Board of those and CHR. CABANAS: Well, we also need to be cognizant of our attorney for hearings—and that's Mr. Halvorson's schedule. Jim, are you available end of October? MR. HALVORSON: My personal availability is not really that important. We will have somebody from this division the Employment Law Division made available to advise the Board, regardless, of what date you pick. CHR. CABANAS: Okay, thank you, Jim. So, going back to you, Mr. Thomas, would you be able to check with your supervisor, if someone could take care of the hearing on August 30''? Would you be able to do that now? I don't mean to pressure you. I know you folks are very short-staffed. MR. THOMAS: Sure, I will be able to check. Do you want to go off -record and, perhaps, I can place a phone call or CHR. CABANAS: We can pause for a while. MR. THOMAS: Okay. CHR. CABANAS: And take a short recess, just for a few minutes. MR. THOMAS: Sure. CHR. CABANAS: Yeah? Okay. MR. THOMAS: Thank you. Page 10 Merit Appeals Board July 28, 2023 CHR. CABANAS: So, we'll recess. And then, upon your return, we will restart the meeting. Thank you, everybody. MR. HALVORSON: And in light of my representation in terms of availability, do you still need me around? CHR. CABANAS: No. If you can assure us there will be an attorney, then it's okay, Jim. We'll be in touch with you. MR. HALVORSON: Yeah, I will guarantee you, that you'll have an attorney. CHR. CABANAS: Okay. `Cause I know you're busy as well. Thank you, Jim. MR. HALVORSON: Oh, you're entirely welcome. You all have a good weekend. CHR. CABANAS: You, too. Take care. RECESS: The Chair called for a recess at 10:33 a.m. RECONVENE: The meeting reconvened at 10:38 a.m. in open session. CHR. CABANAS: Let the record reflect that we are now out of recess at 10:38 a.m. And Mr. Thomas is back after checking with his supervisor on whether another attorney in the Office of Corporation Counsel, can take—can preside over a hearing on August 30''. So, what did they say? MR. THOMAS: Thank you, Chair. Unfortunately, the County recognizes the need to not prolong these matters, but no one will be able to cover for the August hearing and for this case, to give the time and attention it needs. We'd be asking if we could set the matter for October. CHR. CABANAS: Okay, that's fine. And I'd just like to thank you, Ryan, for checking with your supervisor. MR. THOMAS: Thank you. CHR. CABANAS: I know everybody's pretty short-staffed, even at the AG's office they're short-staffed. So, Mr. Hakoda, I'm sorry but I guess the hearing is going to be in October to meet everyone's timeframe timelines. So, let's decide on what date it's going to be—October 261', which is a Thursday or October 27h. Can the Board members—which do you prefer? Mr. Wiseman, which do you prefer? MR. WISEMAN: I'll just along with the consensus in October. Page 11 Merit Appeals Board July 28, 2023 CHR. CABANAS: Okay. Can I have a motion for the appeal hearing for Mr. Donn Hakoda to be set on either October 26 or October 27h. So, I need someone to pick a date October 261' or October 27h. MS. MATHEWS: I move it's October 26h. CHR. CABANAS: Okay. Is there a second? MS. DE SOTO: Second. CHR. CABANAS: Thank you. Okay, motion made by Ms. Mathews, seconded by Ms. De Soto—for Mr. Donn Hakoda's appeal hearing on October 26, at 10 a.m. in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. So, we need to do the rollcall vote, starting with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried for the appeal hearing for Mr. Donn Hakoda to be on October 26h, Thursday, in the Hilo Council Chambers of the Hawaii County Building at 10 a.m. So, both parties—we're looking at establishing a deadline for you to submit your documents to our secretary -reporter at the close of business—and we need to pick a date. These documents should include exhibits, your witness list, motions, and memorandums. Now, Mr. Hakoda, your appeal reflects that you will have an HGEA representative. So, if that should change in any way, could you please let Glynis Yamada know, at Human Resources—if you're not going to have a representative. `Cause, if you're not, you know what that means, right? That you will have to present it on your own. And it is a formal appeal hearing. So, the County, Mr. Thomas, will be presenting his case and you will be presenting your case. And that's why these documents are very important. We, as Board members, need to have all of your exhibits, your witness list, motions, and memorandum ahead of time but we need to give you, both of you, time to work on it. Page 12 Merit Appeals Board July 28, 2023 So, if the hearing is October—and it will be October 26h—we're looking at the first week of October, Glynis? Oh, September. Okay. A September date—can you give some guidance here, so that they know how much time you need? Because once we establish that first deadline, there's also a second deadline. The second deadline is for both parties to respond to each other's filings. So, you would get to see Mr. Thomas' filings and he, in turn, will get to see yours. So, I don't want to put pressure on you Ryan, `cause I know you're going to be away but— MR. ut MR. THOMAS: Sure. I think deadlines can be anytime in September. CHR. CABANAS: Okay. Would you like to pick a date so we can move along on this? MR. HAKODA: Possibly, the end of September. Is that okay with you? MR. THOMAS: Donn, the 30 -day deadline should be sufficient. MR. HAKODA: Okay. CHR. CABANAS: So, how about September 281h you're going to away, right, Donn? MR. WISEMAN: (Inaudible.) CHR. CABANAS: Yes, Mr. Wiseman. MR. WISEMAN: Yeah. I'd like to suggest some dates. CHR. CABANAS: Okay, go ahead. MR. WISEMAN: On or before August 30 the petitioner would file his materials. CHR. CABANAS: Okay. MR. WISEMAN: The government would have 20 days thereafter. And then each parry can respond to each other on or before some early date in October, so we have enough time. To give 30, 30, 30—it's not reasonable, I don't think. Usually, in most court rules, for example, it's 30 and 15 and then 10 or something like that. So, I'd like to just shorten it down and 30 days should be ample time for the petitioner to file everything. And 15 or 20 days should be ample time for the government to respond. And then, the petitioner responds to that. CHR. CABANAS: Is that our common practice, Glynis? So, does that work for you, Mr. Thomas, if it's August 30'', the first deadline? Page 13 Merit Appeals Board July 28, 2023 MR. THOMAS: Mr. Wiseman is suggesting that appellant—that's his deadline to submit. And we would have a chance to oppose appellant's filing on the 31 `—is that my understanding, Mr. Wiseman? MR. WISEMAN: Yes. And then, 20 days perhaps, 20 days, if that's okay with you to oppose it and then the appellant would have, in view of the hearing time, and then the 15 days to file. CHR. CABANAS: Mr. Wiseman, we appreciate your suggestions. But our past practice with hearings is that both parties—County and the appellant—have the same deadline in order to make it fair and consistent with what we do. So, that's the past practice with our Board. MR. WISEMAN: Oh. But when you say the same deadlines, in other words, the County is not going to file an opposition to what— CHR. hat CHR. CABANAS: No, they will. There will be a second deadline where both can issue rebuttals. MR. WISEMAN: Oh, I see. Okay. CHR. CABANAS: Yeah. MR. WISEMAN: Okay. Yeah. CHR. CABANAS: So, it's one deadline for issuance of their documents, exhibits, et cetera. Second deadline for rebuttals, responsive pleadings, et cetera. MR. WISEMAN: Okay. Yeah, that's fine. CHR. CABANAS: Okay. So, does August 30th work for you, Mr. Thomas? MR. THOMAS: In that regard, I would ask that sometime the middle of September we set a deadline CHR. CABANAS: Okay. MR. THOMAS: both appellees and appellant file. CHR. CABANAS: Okay. Then how about September 15? MR. THOMAS: That will work. CHR. CABANAS: Mr. Hakoda, does that work for you? MR. HAKODA: (Inaudible.) Page 14 Merit Appeals Board July 28, 2023 CHR. CABANAS: Okay. September 15 is the first deadline. And then, how about the second deadline, October 13 that's a Friday, which is now two weeks before our hearing on October 26. Does that work? Okay. So, I'm going to recap here. The first deadline will be September 15deadline for both parties to submit documents, which will include exhibits, witness list, motions, and memorandums—and it's by the close of business, 4:30 p.m. on September 15. You will get to review each other's documents. Okay? The second deadline will be October 13''. And it's the deadline for parties to respond to the filings, which includes responsive pleadings, any rebuttals—and the deadline is close of business, 4:30 p.m., October 13. All documents need to be submitted to the Board's secretary, which is Glynis Yamada—via email, and regular mail or hand-delivered—and to the opposing party. So, it's email, and regular mail or hand-delivered—so it got to be both. It's going to be one -original and eight copies of all submittals. So, if you have Exhibit 1—it's the original and 8 copies of Exhibit 1. And your exhibits should be numbered. So both of you number your exhibits. If you have 20 exhibits number 1 all the way to 20. And it's 1 original and 8 copies of each exhibit. Okay. So, Mr. Hakoda, your exhibits would be numerical1, 2, 3, 4—whatever you have. Mr. Thomas, your exhibits would be labeled A, B, C, D, E, F. Okay? To distinguish the exhibits once the hearing is ongoing. We will also send you a letter to both parties notifying you of the date, time, location, and the deadlines so you'll have a written reference to work from. So, Glynis will send it out from the Board. So, now if that works and it seems to workokayI need a motion to approve the September 15'h initial deadline and then the second deadline of October 13'h for your rebuttals. MS. MATHEWS: So moved. CHR. CABANAS: Thank you. Is there a second? MR. WISEMAN: Second. CHR. CABANAS: Thank you, Mr. Wiseman. Any further discussion? Mr. Hakoda. MR. HAKODA: Madam Chair, MembersI had a question as far as witnesses who would be allowed because my co-worker that is actually in that position that I was supposed to be reallocated to—and my bosses want to come in, I guess on my behalf MR. WISEMAN: Madam Chair, point of order. We should finish the motion first before we Page 15 Merit Appeals Board July 28, 2023 CHR. CABANAS: Okay. We'll—hold those thoughts, Mr. Hakoda. Let's finish the motion. So, any other further discussion on the deadlines itself? Okay. If not, rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to set the initial deadline as September 15'h by 4:30 p.m. and the second deadline, October 13'', by close of business, 4:30 p.m. Let the record also reflect, Mr. Kunz is absent and excused from today's meeting. Okay, Mr. Hakoda yes? MR. WISEMAN: Oh, before Mr. Hakoda speaksI noticed this is—was checked off a "closed meeting"—is this a closed not open meeting? CHR. CABANAS: Yes, he has indicated it is a closed hearing. And you still want to keep it as closed, right, Mr. Hakoda? MR. HAKODA: I just checked it off. If it needed to be public, that's fine. CHR. CABANAS: Well, no—we'll go with your wishes. But let me explain what "closed" means. Closed means that no one else can come in and listen to your appeal. It would just be the Board members, the attorneys the attorney and you yeah. And if there are witnesses, the witnesses stay outside until it's their time to testify. Okay. MR. HAKODA: Okay. CHR. CABANAS: So, it's a formal hearing. Now, what was your question again? You have a co-worker and a supervisor that might— MR. ight MR. HAKODA: My supervisor in our division CHR. CABANAS: that might be a witness on your behalf. Page 16 Merit Appeals Board MR. HAKODA: Correct. July 28, 2023 CHR. CABANAS: Okay. So, you would need to identify who the witnesses are—and, Mr. Thomas, likewise, you would identify who your witnesses are. MR. HAKODA: Honestly, I didn't think it'd be this formal. And, for me, the reallocation is because I've been doing the work for so many years, they've been, kind of, telling me I should. And CHR. CABANAS: Oh, your mic. is not on? Is your mic. on? MR. HAKODA: Oh, it is. Sorry. CHR. CABANAS: Okay. MR. HAKODA: All this—it's, kind of, a lot, but— CHR. ut CHR. CABANAS: Okay. So, we'll hold off on the merits of the case until the hearing. But, yes, it is a formal hearing and that's why I asked you if your HGEA representative would be here at the hearing. MR. HAKODA: And I'll clarify with her. I met with our agent, who is, I guess, new in that for that unit. CHR. CABANAS: Okay. MR. HAKODA: And I'll talk with her, again. CHR. CABANAS: Okay. MR. HAKODA: Yeah. CHR. CABANAS: Okay, very good. Did you have any other questions? No? Okay. And, Mr. Thomas, do you have any questions for us? MR. THOMAS: Nothing further. CHR. CABANAS: Okay, very good. Okay. So, I think we're all set. We'll see you, Mr. Hakoda, on October 26—and then, if you have questions, you can always contact Glynis at the Department of Human Resources. And have a nice weekend to both of you. MR. HAKODA: Okay, thank you very much. Thank you for your time. CHR. CABANAS: You're welcome. Page 17 Merit Appeals Board New Business (Item 6) July 28, 2023 Selection Process Concerning Filling The Position For A New Director Of Human Resources - Type Of Recruitment And Timeline, Advertisements, Applications, Selection Process Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, 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; And Section 92-5(a)(2) To Consider The Hire Of A County Officer Where Consideration Of Matters Affecting Privacy Will Be Involved. A 2/3 Vote Pursuant To Hawaii Revised Statutes, Section 92-4 Is Necessary To Hold An Executive Meeting; And Communication Number 23-04, Dated June 26, 2023, From Former Director Of Human Resources, Waylen Leopoldino, Submitting A Written Recommendation In Support Of The Direct Appointment Of Acting Director Of Human Resources, Danny Patel, To Succeed Him As The Director Of Human Resources CHR. CABANAS: Okay. We are now on "New Business." I think this item warrants the Board going into executive session. And I believe that going into executive session, we will have a more detailed discussion and have questions with our legal counsel, J Yoshimoto, about the options that we have, as a Board, to consider for filling this position. So, at this time, I'd like to request a motion to enter into executive session. MS. DE SOTO: So moved. CHR. CABANAS: Thank you, Ms. De Soto. MS. MATHEWS: Second. CHR. CABANAS: Okay, seconded by Ms. Mathews. Any discussion? If not, we'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Page 18 Merit Appeals Board July 28, 2023 Four ayes. Motion carried for the Board to enter into executive session. Let the record also reflect that Mr. Kunz is absent and excused from today's meeting. So, at this time, Mr. Patel, we'll excuse you while we're in executive session. So, if you could kindly wait outside of the Chamber doors. Thank you. RECESS: The Chair called for a recess at 10:56 a.m. to convene executive session. RECONVENE: The meeting reconvened at 12:02 p.m. in open session. CHR. CABANAS: Okay. The Merit Appeals Board is now back in open session with all four Board members present—Mr. David Wiseman, Ms. Gay Mathews, Ms. Kate De Soto, Ms. Gabriella Cabanas, Acting Director of Human Resources Danny Patel, our Assistant Corporation Counsel appearing via ZOOM J Yoshimoto, and our Secretary -Reporter Glynis Yamada. So, now may I have a motion for the Merit Appeals Board, as we discussed in executive session, the selection process to fill the next director of human resources position with the timeline that we discussed for an internal recruitment in the County where all employees are eligible to apply, irregardless of civil service status, and for the internal recruitment in the County to be conducted sometime in August 2023. MS. DE SOTO: So moved. MS. MATHEWS: Second. CHR. CABANAS: Any further discussion? If not we'll start with a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried for the internal recruitment in the County to be conducted sometime in August 2023, and all County employees irregardless of civil service status can apply. Page 19 Merit Appeals Board July 28, 2023 May I have another motion to request that the Recruitment and Examination Manager, Michelle Simmons, be assigned to work on this internal recruitment and that the Board gives the chair the authority to adjust the August timeline, if needed, with Ms. Simmons. MS. MATHEWS: So moved. MS. DE SOTO: Second. CHR. CABANAS: Thank you. Any further discussion? If not, a rollcall vote starting with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried for the Merit Appeals Board to request that the Recruitment and Examination Manager, Michelle Simmons, to be assigned to work on this internal recruitment and that the Board gives the chair the authority to work with her to adjust the timeline in August, if need be. Okay, we are done with that. Did I miss anything? No. Okay, so, sorry, Danny you were waiting so long. Unfinished Business (Item 7) (There was none.) Page 20 Merit Appeals Board Director's Report (Item 8) July 28, 2023 MAB Quarterly Reports: April - June 2023; And MAB Monthly Divisional Activity Report: July 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: So, we now have you up, Acting Director's Report. We have the MAB Quarterly Reports for April through June 2023 and the MAB monthly divisional activity report for July, 2023. (At this time, Mr. Danny B. Patel, Acting Director, Human Resources Department, came forward.) CHR. CABANAS: Have the Board members had the opportunity to review the reports? Okay. Are there any questions for Mr. Patel? MAB Quarterly Reports: April - June 2023 CHR. CABANAS: We'll start with the MAB Quarterly Report for April through June 2023. Glynis has noted that there's an amended report for the Equal Opportunity/ADA Division. Anyone with questions, comments? How's the audit of the interview packets going. I see that two departments were audited. How's that going? MR. PATEL: That's, actually, going pretty well. The issues we've caught so far—real minor and corrected real easily. MS. DE SOTO: I have a question on the Equal Opportunity and the ADA Division. Your goal is, typically, to process the request within—it looks like 14 days. You've had three that went beyond that. Can you share a little bit about what some of the barriers have been? MR. PATEL: So, typically, for those ones that go beyond the 14 days, it's because there's some back and forth between the pertinent department or the board and commission, in this case, I think. More recently, we've been getting inquiries more along the lines of interpreters, ASL, and second language. MS. DE SOTO: Okay. Thank you. CHR. CABANAS: Mr. Wiseman, any questions for Mr. Patel on the quarterly report? Page 21 Merit Appeals Board July 28, 2023 MR. WISEMAN: No, not on the report. CHR. CABANAS: Okay. Ms. Mathews, any question? MS. MATHEWS: No. Thank you. MAB Monthly Divisional Activity Report: July 2023 CHR. CABANAS: Okay. Moving along to the MAB monthly divisional activity report for the month of July. You have questions? Okay. Kate, you have questions? MS. DE SOTO: Yeah. Can someone stop me, if I can't ask this. Under the Health and Safety Division, seeing that the County is the largest employer in our County, correct? I was curious recently, in our State we have a Threat Assessment Conference because there's a huge push in the state among law enforcement divisions to encourage threat assessment teams be housed within our communities. Do you know if the Health and Safety Division is aware of that effort or it's open to discussing that effort with our community members? MR. PATEL: I don't know if they're aware of that. And theyI don't know necessarily that they would be discussing that directly with community members. That division is primarily for County employees. They do work closely with, hand-in-hand, with police when issues come up. They help coordinate, for example, the Active Shooter trainings—and that sort of thing. MS. DE SOTO: Yeah. There's some interesting trends that are happening in terms of how the State is starting to approach it and doing multi -disciplinary teams, and encouraging employers to start to have teams and partnering with community teams, like we have a statewide team called Threat Team Hawaii that anyone can elevate cases to, parallel with law enforcement. Because law enforcement often doesn't take a preventative approach. It's an intervention approach. MR. PATEL: Mm-hmm. MS. DE SOTO: So, it broadens the approach. MR. PATEL: That, definitely, sounds interesting and something I can discuss with that division. I know that for that division, more recently, too, they've been more involved with civil defense operations in more of an expanded role, which kind of ties into the public safety the public, in general, versus just County of Hawaii employees. And then, through Civil Defense they're looking at community action teams. So, I think there might be some kind of tie-in there but, definitely, open to having that discussion with health and safety. Page 22 Merit Appeals Board MS. DE SOTO: Yeah. Thank you. CHR. CABANAS: Okay. Anyone else? Mr. Wiseman. MR. WISEMAN: None on that issue. CHR. CABANAS: Okay. Ms. Mathews. MS. MATHEWS: No, I think it's great. Thank you. CHR. CABANAS: Okay. Danny, how are you doing with no deputy? July 28, 2023 MR. PATEL: It's—well, the volume definitely increased but happy to say that nothing has come out of left -field. We'veWaylen and I have been working closely, so nothing out of the ordinary. Just a matter of keeping the wheels on the bus, at this point in time. CHR. CABANAS: Okay. Thank you. And thank your managers for the reports. Okay, if not, we will move along. Thank you, Danny, for waiting so patiently. Are there any "Announcements" at this time? MS. YAMADA: Motion to accept reports. CHR. CABANAS: Oh, yeah, we got to accept it. I forgot. Okay, so is there a motion to accept and file the MAB quarterly report for April, June 20—April through June 2023 and the MAB monthly divisional activity report for July 2023. MS. MATHEWS: So moved. CHR. CABANAS: Thank you. Is there a second? MR. WISEMAN: Second. CHR. CABANAS: Thank you, Mr. Wiseman. Any further discussion? Okay, if not, start with a rollcall vote to accept and file these quarterly reports and the monthly divisional activity report for July 2023. Starting with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. Page 23 Merit Appeals Board July 28, 2023 MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to accept and file the MAB quarterly report for April through June 2023, and the MAB monthly divisional activity report for July 2023. Thank you, Mr. Patel. MR. PATEL: Thank you. Have a good weekend. CHR. CABANAS: Yeah, you, too. Announcements (Item 9) CHR. CABANAS: So, are there any "Announcements" at this time? Schedule Next Meeting Date (Item 10) CHR. CABANAS: If not, we will schedule the next meeting date. We polled all Board members, so the next meeting date will be Wednesday, August 30'', 2023, at 10 a.m., at the Hilo Council Chambers, of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo. Mr. Wiseman, will you be participating via ZOOM for the August 30'h meeting? MR. WISEMAN: I believe so. I'm leaving that day, but I think it's afternoon or nighttime. So, yeah. CHR. CABANAS: Okay. And then, you'll appear for the interview via ZOOM? MR. WISEMAN: That's—are we talking August 30''? CHR. CABANAS: Yeah. August 30''. MR. WISEMAN: Yeah, I believe I can. CHR. CABANAS: We should put that the beginning of the agenda—we'll put it at the beginning of the agenda in case you have to leave early. MR. WISEMAN: Sorry. Thank you. CHR. CABANAS: Okay. Page 24 Merit Appeals Board July 28, 2023 Adjournment (Item 11) CHR. CABANAS: Okay. So, may I have a motion to adjourn today's meeting? MS. MATHEWS: So moved. CHR. CABANAS: Thank you. MS. DE SOTO: Second. CHR. CABANAS: Thank you. Any further discussion? If not, starting with Mr. Wiseman rollcall vote. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to adjourn today's meeting at 12:14 p.m. Respectfully submitted, void, Glynis Yamada, Secretary-Reporter APPROVED: ,it(Ca/t Lt1 let Ua t i'ut s Gabriella M. Cabanas, Chair Merit Appeals Board Page 25