Loading...
HomeMy WebLinkAbout2023-09-29 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii September 29, 2023 (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, September 29, 2023. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair Ms. Kate De Soto, Member Mr. Charles Kunz, Member Absent and Excused Mr. David A. Wiseman, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Danny B. Patel, Acting Director, Human Resources Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board Call to Order (Item 1) September 29, 2023 CHR. CABANAS: Good morning, everyone. Today is September 29h, 2023, the regular meeting for the Merit Appeals Board is called 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. Mr. Wiseman is absent and excused. With me in the Council—Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii—are the following Board members—Ms. Gay Mathews, Vice -Chair. MS. MATHEWS: Good morning. CHR. CABANAS: Good morning. Mr. Charlie Kunz. MR. KUNZ: Good morning. CHR. CABANAS: Good morning. And Ms. Kate De Soto. MS. DE SOTO: Good morning. CHR. CABANAS: Good morning. Our Assistant Corporation Counsel, J. Yoshimoto. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: And our Secretary -Reporter, Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: And Mr. Danny Patel, Acting Director of the Department of Human Resources. MR. PATEL: Good morning. CHR. CABANAS: Good morning. Statements from the Public (Item 3) CHR. CABANAS: I believe there are no "Statements from the Public" on any agenda items. Page 2 Merit Appeals Board September 29, 2023 Addendum to Agenda (Item 2) CHR. CABANAS: We are now on—and there's no addendum to the agenda. Approval of Minutes (Item 4) August 30, 2023 CHR. CABANAS: We are now on Number 4, "Approval of Minutes"—and this is for the regular meeting of August 30, 2023. Has everyone reviewed the regular meeting minutes? They're nodding "yes." Okay. So, may I have a motion to accept and file the minutes? MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. A second? MS. MATHEWS: Second. CHR. CABANAS: Thank you, Ms. Mathews. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to accept and file the meeting minutes for the regular meeting of August 30, 2023. Page 3 Merit Appeals Board September 29, 2023 Review Of Executive Session Minutes August 30, 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: I've been informed by our secretary -reporter that the August 30'h 2023, executive session meeting minutes were inadvertently not enclosed with our packets today. So, we will delay the approval of those minutes until our next meeting, which is October 25h, 2023. Thank you, Glynis, for informing us. Communications (Item 5) CHR. CABANAS: There are no "Communications." New Business (Item 6) CHR. CABANAS: And there are no "New Business" for the Board to consider at this time. Unfinished Business (Item 7) A) 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 (Note: At Its Meeting Held On July 28, 2023, With Both Parties Present, The Board Scheduled A Hearing Date); And Communication No. 23-05.01, Received On September 5, 2023, From Appellant Rescinding The Appeal And To Cancel The Scheduled Hearing CHR. CABANAS: We are now on Number 7, "Unfinished Business." There are two communications. And so, our Board members are reviewing, specifically, the two communications but I think more so, Communication 23-05.01—the communication from the Appellant rescinding his appeal and requesting cancelling the scheduled hearing for October. Page 4 Merit Appeals Board September 29, 2023 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 (Note: At Its Meeting Held On July 28, 2023, With Both Parties Present, The Board Scheduled A Hearing Date) CHR. CABANAS: So, is there a motion to—why don't we do the first one—Communication number 23-05. Is there a motion to accept and file his—well, let me take that back. Is there a motion to accept and file Communication number 23-05? MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MS. DE SOTO: Second. CHR. CABANAS: Second from Ms. De Soto. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews to accept and file Communication number 23-05. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to accept and file Communication number 23-05. Communication No. 23-05.01, Received On September 5, 2023, From Appellant Rescinding The Appeal And To Cancel The Scheduled Hearing CHR. CABANAS: We are now on Communication number 23-05.01. Any motion to accept and file this communication? MR. KUNZ: So moved. CHR. CABANAS: Thank you. Is there a second? Page 5 Merit Appeals Board September 29, 2023 MS. DE SOTO: Second. CHR. CABANAS: Thank you, Ms. De Soto. Any discussion? MS. MATHEWS: I, actually, am disheartened by this letter. And I think we all need to take note that somehow we are coming across in a way that I don't think any of us intend to. And I'm not sure what the next step would beI think that would be something you would know better. But, well—yes, we will accept it. It's discouraging that this individual's made to feel that way. CHR. CABANAS: I agree. It's one thing to request cancelling or withdrawing an appeal that's one thing. But what made me feel sad was that he says, "At the last board meeting, when they were trying to set a date for the appeal, it felt like I was on trial and had done something wrong." He has not done anything wrong. We were trying to schedule the hearing and Board members were not available on certain dates, and then the Appellant was not available on one particular date. And then, I remember us taking a pause upon the advice of our Assistant Corporation Counsel for us to review our calendars. So, he sat there waiting for us to set the hearing date. That was that's my recollection. The other thing I noticed with the Appellant is he didn't realize that his hearing would be a formal hearing process. And that's why I went at length to explain to him that his witness—he would need to bring witnesses. I asked him about having a union representative because he listed Jodi Sumera as the HGEA representative for the hearing. And then, I explained to him that his witnesses would have to wait outside—he didn't know all of that. I could tell by his body language, his facial expressions that he didn't realize it was a formal hearing. And I could sense his uncomfortableness with all of that. So, that's why I, kind of, like took some time to explain to him. And the other part that he says here in his email to Glynis was, quote, "I do not want to go thru the process when I feel I am being questioned negatively about my work function, duties, or capabilities"—end quote. During an appeal hearing, it would be normal for us to question his work performance not performance but his work duties, who's assigning it, et cetera. I'm not sure what's going on in this division but I sense that they were giving him work, beyond his class, which is on the department shoulders and he's doing whatever they're asking him to do because of his motivated attitude—he has a good, probably a good work ethic. That's what I think is going on. So, this really bothers me from an HR standpoint. And I'm not focusing on the reallocation, I'm just focusing on what he was feeling and that he withdrew this request. Any comments, J, as to MR. KUNZ: Yeah. Well, I have one comment. I'm sorry. Page 6 Merit Appeals Board September 29, 2023 CHR. CABANAS: Go ahead, Charlie. MR. KUNZ: I mean, I know not knowing the process or the protocol totally the perception can be distorted. And you got to have, kind of, tough skin to go through this thing. If you're going to have an appeal in front of a panel and then once you started explaining it—because I'm sure you explained it clearly and calmly enough. It's just that it may not be for everybody. And I think this is more reactionary because of that protocol that's in place. I think it'sit can be, sort of, intimidating. And then, his to me, his response just sort of reflects that. I don't think that I wasn't here for that, by the way. But I don't think anything that the panel did or yourself, kind of, put him in that position to feel like as loudly and almost subjectively as we're reading this but I don't think it's something that you did, said, or the panel did. I think it's just the perception of the process is intimidating. And then, he kind of felt that. And, like I said, you got to have tough skin to go through it that you're going to be you are going to be questioned, you're going to have witnesses, you going have—it's a very formal process. So, I wouldn't—we shouldn't try to stake too much claim that it was something that this panel did versus just maybe a normal reaction to what the process, you have to adhere to, can be pretty challenging, I think, for some person. And go, like, "You know what, if we got to do this, I don't want to do this"—and they might have felt that way but I don't think it's anything that this group did. MS. MATHEWS: I'm not thinking that it's anything that we did. What I am thinking, though, is that I think we have failed the individual and individuals by not having, like, some really clear brochure they can read that warns them. And do you really have to have tough skin in order to feel something that you feel where you've been wronged? That, to me, is another one of those — I mean, I understand what you're saying and I totally agree with you that people have to be tough and there's no advocate for them. So, they're sitting there having to respond to something when you've got at least one attorney and sometimes two that know the law, that know how to play the game— CHR. CABANAS: Okay. I hear what everyone is saying. I need to remind the Board members, we are in open session. And I'm going to ask for our Assistant Corp. Counsel for advice at this point. MR. YOSHIMOTO: I think we need to just focus on the matter on the agenda, and Mr. Hakoda has indicated what he wants to do, and the Board should act upon it. As far as procedures, I think that can be an agenda item for another topic, if the Board wants to address it. I think we need to address the matter on the agenda. Page 7 Merit Appeals Board September 29, 2023 CHR. CABANAS: Okay. Thank you, Mr. Yoshimoto. So, there is a motion and there was a second and we were in the discussion phase—and so, I'll start with a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to accept and file Communication number 23-05.01. I have a question. So, the Board would submit a letter to Mr. Hakoda notifying him of the confirmation of his request has been approved? MR. YOSHIMOTO: Yeah, that would be the deputy attorney general that would advise as to that matter, as far as the protocol. CHR. CABANAS: Oh, okay. MR. YOSHIMOTO: Yeah. CHR. CABANAS: So, Glynis, can we contact Mr. Halvorson. Yes, Mr. Halvorson is a busy deputy attorney general. Thank you, Mr. Yoshimoto, for the advice. But going back to what Mr. Yoshimoto has said, there is that I just want to go on record that the Board has a concern. I can do that, right? Can I do that? MR. YOSHIMOTO: You already voted on the motion so there's nothing on the floor right now CHR. CABANAS: Oh, on the agenda— MR. YOSHIMOTO: Yeah. CHR. CABANAS: So, we can put it on the agenda— MR. YOSHIMOTO: You can put it on a future agenda. Page 8 Merit Appeals Board September 29, 2023 CHR. CABANAS: Okay. And I think we will do that. Okay. Very good. Thank you so much. B) Communication No. 23-06, Dated July 25, 2023, From Salary Commission Chair, Steven Pavao, Requesting The Merit Appeals Board's Participation In Providing Information To Determine Whether Future Salary Adjustments (Increase, Decrease, Or Status Quo) Be Incorporated Into The Fiscal Year 2023-2024 For The Director Of Human Resources (Note: At Its Meeting Held On August 30, 2023, The Board Authorized Acting Director Of Human Resources, Danny B. Patel, To Respond To The Salary Commission's Inquiry On Their Behalf); And Communication No. 23-06.01, Dated September 6, 2023, From Acting Director Of Human Resources, Danny B. Patel, To Salary Commission Chair Steven Pavao And Members, Responding To Their Inquiry Concerning Future Salary Adiustments CHR. CABANAS: Moving along to Communication number 23-06. So, we have these two communications received. And Danny did respond to the Salary Commission on our behalf as we authorized him to do at the last meeting. Communication No. 23-06, Dated July 25, 2023, From Salary Commission Chair, Steven Pavao, Requesting The Merit Appeals Board's Participation In Providing Information To Determine Whether Future Salary Adjustments (Increase, Decrease, Or Status Quo) Be Incorporated Into The Fiscal Year 2023-2024 For The Director Of Human Resources (Note: At Its Meeting Held On August 30, 2023, The Board Authorized Acting Director Of Human Resources, Danny B. Patel, To Respond To The Salary Commission's Inquiry On Their Behalf) CHR. CABANAS: So, let's take Communication number 23-06 first—to accept and file that particular communication. May I have a motion. MS. DE SOTO: So moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. Page 9 Merit Appeals Board September 29, 2023 CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. Communication No. 23-06.01, Dated September 6, 2023, From Acting Director Of Human Resources, Danny B. Patel, To Salary Commission Chair Steven Pavao And Members, Responding To Their Inquiry Concerning Future Salary Adiustments CHR. CABANAS: Moving along to Communication number 23-06.01. (At this time, Mr. Danny B. Patel, Acting Director, Human Resources Department, came forward.) CHR. CABANAS: Thank you, Mr. Patel thank you for sitting at the dais and thank you very much for your September 6h, 2023, memo to Steven Pavao, Chair, and Members of the County of Hawaii Salary Commission. Has everyone reviewed this communication? Are there any questions for Mr. Patel? I have one, while the Board members are looking at the memo. Going to Number 2, just for clarification purposes the question was, "How many employee's does the department/agency employ?" You reported 35 positions including permanent civil service positions, a temp. equipment operators instructor, a student helper, and a director and deputy director, 10 intern positions, 20 workers' compensation positions, and 20 temporary on-call positions for a total of 85 positions. So, that is sort of like the big picture for the Salary Commission, but not all these positions are filledcorrect, Mr. Patel? MR. PATEL: Yes, that is correct. CHR. CABANAS: Okay. So, how many of these 85 positions are currently filled—do you know? MR. PATEL: So, we have 35 positionsso, really, 33 if you take out the temp. equipment operations instructor and the student helper. Of the remaining 33, I believe, currently, we have 4 positions vacant. CHR. CABANAS: Four civil service positions vacant. MR. PATEL: Correct. Yes. CHR. CABANAS: Out of—wait, you have 33 filled. MR. PATEL: So, 33 permanent civil serviceoh, sorry -33 regular, full-time positions. So, that would include the deputy and director, which are not the civil service positions. Then 31 civil service positions. And then, of the 31, I think it's 4 that are currently vacant. Page 10 Merit Appeals Board September 29, 2023 CHR. CABANAS: Okay. Can you explain to the Board about the intern positions, the workers' comp. positions, and the temporary on-call positions. Because from my understanding when I worked at the department, those were not filled regularly. They were filled as needed. Is that correct? MR. PATEL: Yes. That's correct. So, I'll start with the workers' comp. positions. Those are, basically—we manage those positions. They're used for light duty when someone in a department is on work comp. We, sort of—they're housed with us. We loan them out, if you will, to the various departments. The intern positions, that's new. So, we just got funding for that in the current fiscal year budget. We're working to create a program, essentially, that would take interns and place them within various departments. So, it's a new thing we're starting on that hasn't gotten up and running, yet. And then, as far as the 20 temp. on-call positions that, also, is new. That's a pilot program we have with our Parks Department where, essentially, we're setting upactually, that's supposed to go live October Iso, very shortly. It's, essentially, casual workers—when park caretakers call out and they need someone immediately to come in, it gives them a list of availablea pool of workers that we can pull from. Those would not be civil service positions. CHR. CABANAS: And how did you get that pool? MR. PATEL: Actually, parks with their contacts. So, because it's a pilot program, it's sort of like the workers' comp. where it's housed with us. We worked on setting up the procedures under us for them to have temp. on-call positions that wouldn't result in them having the usual, I guess, liabilities attached—so the benefits, the long-term benefits, the inclusion in the BU01 bargaining unit. CHR. CABANAS: So, how do they get individuals on this on-call list—it's like a list? MR. PATEL: Yes. So, through parks contacts they, essentially, pool from their list of known people who might be available. Typically, it's landscape workers in a community that have their own business. And then, in effect, it works sort of like a temporary appointment outside of an eligible list type of a system. So, a TAOL. So, you don't have the usual recruitment procedures. CHR. CABANAS: Okay. So, on the books it's 85 positions the department has but you have 31 regular, full-time—plus you have the director and deputy. Four vacant civil service positions. Correct? MR. PATEL: Correct. CHR. CABANAS: Okay. Page 11 Merit Appeals Board September 29, 2023 MR. PATEL: Yeah. And we do not have, currently—have a student helper either. CHR. CABANAS: The student helper is CVE or different from CVE? MR. PATEL: That one is different. It's different. CHR. CABANAS: Okay. MS. MATHEWS: So, help me understand just a bit here. The 20 temporary on-call positions might that include people, like, lifeguards? MR. PATEL: No. So, for this pilot project it would be park caretakers only. MS. MATHEWS: Okay. MR. PATEL: Yeah. So, hopefully, the idea is, if successful, we can then expand it into other classes of work. MS. MATHEWS: And do they go through any vetting like you do if they were actually a permanent position? MR. PATEL: They still have to do the regular onboarding because they would be doing work on behalf of the County. We still need to issue them PPE, for example, they would be covered by work comp.—yeah. CHR. CABANAS: Okay. Thank you, Mr. Patel. Any other questions to the letter that he submitted? I have another question, if I can. So, the CVE program, the allocation increased to 52,000? MR. PATEL: It did. Unfortunately, we've not had anyone really come through the CVE just no takers at this point. So, that is something Michelle is working on. CHR. CABANAS: Not one student referral? MR. PATEL: Yeah, not that I know of. CHR. CABANAS: Wow. MR. PATEL: Yeah. CHR. CABANAS: Okay. Thank you. And then, I have a question regarding Number 5. So, the question is, "What major challenges does the department/agency face?" And then, there's 13 listed. But when I look at it, it appears Page 12 Merit Appeals Board September 29, 2023 to me that these are the regularI shouldn't say "regular" but these are the basic functions of the eight functional areas. So, I was thinking the Salary Commission wanted to know what really are the major challenges—or are you saying that the basic duties of the functional areas are challenges. MR. PATEL: Yes and yes. So, you're correct, they are the basic duties—and, yes, they are the challenges. CHR. CABANAS: And why are the basicI have to ask that because why are the basic duties a major challenge? MR. PATEL: Well, taking for example, C&P—with classification. CHR. CABANAS: Okay. MR. PATEL: So, with this fiscal year, we had 91 the council passed 91 new positions. CHR. CABANAS: Okay. MR. PATEL: Fifteen of which were—or are new classes, which takes a lot more time and effort, right, to get allocated than new positions for existing classes. So, it's always an on-going challenge, essentially. CHR. CABANAS: Okay. Thanks for that example. I'm just wondering if the Salary Commission, when they saw this—if they had more questions. Just like how I have by asking you that question. Because then, I guess the focus of the commission—and correct me if I'm wrong—is that they want to know what the unique challenges are and without that explanation that you just gave to the Merit Appeals Board, they may not be able to have that. So, did anyone contact you? Did they have questions—further questions? MR. PATEL: No, they did not. CHR. CABANAS: No. Okay. MR. PATEL: I think with your background and experience, those questions come up. But, for them I think, primarily, they're looking at what is the functioning of the department because they know across the State other HR departments are similar in function, right—we're all government. And then, a large part of what they do is compare the salaries across the other government jurisdictions. CHR. CABANAS: Right. Can I ask one more question? So, I'm just curious because Number 6 says, "To support the Merit Appeals Board and the Salary Commission with their duties and functions." that's a major challenge? Page 13 Merit Appeals Board September 29, 2023 MR. PATEL: Yes. Not so much for the Merit Appeals Board right now, especially not with any appeals coming up. Recent development— CHR. evelopment CHR. CABANAS: I guess, my HR background would—like, you're right. My HR background would cause me to ask. Is there something that we're doing that can help? Are we being cumbersome in any way? MR. PATEL: No, you're not. But, really, Glynis is the only person assigned. So, it all falls to her. I get very nervous when we have weather events and she drives in from far out. CHR. CABANAS: Right. MR. PATEL: With the regular meetings, without your secretary here, that kind of puts your meeting in jeopardy. The same is true, also, for Salary Commission. So—and I'll address it with my director's report. CHR. CABANAS: Okay. Thank you. Any MR. KUNZ: I just have one comment CHR. CABANAS: Mr. Kunz. MR. KUNZ: or—yeah, a comment. I guess—and I can't speak, Gabe, for you. But being coming from a management career I can maybe agree with you on how basic duties become challenges in operationally from a management standpoint. The challenge would be to look at the operation—if every piece of the operation is a challenge. So, to me, it does read the wrong word and the two strong word isit reading suspect. But if the appeals commissionI mean, if the salary commission is not reading it that way, then I get it. But I think if basic functions becomes challenges then—and it's down to some minutia about why they are challenged and they're not described—the untrained eye might look at this as, "Wow, everything that's on your description is a challenge"—and it's major challenge, then to me—and not you but the process—somebody's not doing the job right if it's a challenge because to me a major challenge would be talking about how short-staffed and how that equates to backlogging and all this kind of stuff and impacting the community—and stuff like that, right. So, that to me is a major challenge. So, I know this is nothing to be changed. I think I just wanted to get on record what my definition of a major challenge from a management standpoint is and maybe some of these could have been left out. But I know that beefing it up gives the impression of—that the work there's a lot of work to be done and it validates or justifies the reasons why you'd want the salary commission to give you a favorable response versus maybe someone like us who might balk a little bit and going, "No, wait a second, aren't those just your day-to-day duties kind of thing?" Page 14 Merit Appeals Board September 29, 2023 So, that's all the comment I wanted to say. I don't know if—and that's all that's just my feeling. MR. PATEL: It does give the salary commission a full picture because they wouldn't—being a new salary commission as well, they wouldn't have the prior challenges, right. So, I think it gives them a more complete picture. But also I wanted to stay as close to the minutes as possible since I was preparing this on your behalfso, we stay right in that lane. CHR. CABANAS: Thank you so much. Okay, any other question or comment for Mr. Patel? Ms. Mathews. MS. MATHEWS: One quick one. So, if something happens to Glynis—like, she gets trapped in the gulch for three days, we're all just (inaudible). There's no redundancy in most of your positions? MR. PATEL: There's no redundancy for that—her position. Correct. MS. MATHEWS: Are there for the other positions? MR. PATEL: There are. MS. MATHEWS: So, she's the only one that we have to worry about getting caught in the gulch? MR. PATEL: Yes. MS. MATHEWS: Okay. Not happy but thank you. CHR. CABANAS: But someone would have to step up with the authority of the director to fulfill the duties in her absence. MR. PATEL: Yes. CHR. CABANAS: Yeah. MR. PATEL: So, I'll talk a little bit more about that in the director's report. CHR. CABANAS: Okay, we'll leave it at that. Any other comments or questions? Okay. Thank you, Mr. Patel, for submitting the memo to the salary commission on our behalf as we authorized you to do. So, thank you very much. So, there is a motion, right, on the flooroh, no motion. Oh, okay. So, okayso, may I have a motion to accept and file Communication number 23-06.01. Page 15 Merit Appeals Board MS. MATHEWS: So moved. CHR. CABANAS: A second? MS. DE SOTO: Second. September 29, 2023 CHR. CABANAS: I'll startoh, any discussion? I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to accept and file Communication number 23-06.01. Director's Report (Item 8) MAB Monthly Divisional Activity Report: September 2023 CHR. CABANAS: Moving along—"Director's Report"—Mr. Patel is here to provide the MAB's monthly divisional activity report for September 2023. Mr. Patel, do you feel comfortable—we hear your report in an open session or closed session? MR. PATEL: Open session. CHR. CABANAS: Okay. Thank you very much. So, you may proceed. We have his report in our binders. MR. PATEL: So, I present the monthly report. I'm just picking up on the conversation a little bit ago, focusing on the Administrative Services Division. So, currently, we're—we have a reorganization pending of that division. Part of that would include a reallocation of one position to the level of an HR Assistant. Within that HR assistant's job description will be backup for Glynis for MAB and Salary Commission to provide that backup and redundancy. Page 16 Merit Appeals Board September 29, 2023 So, that's in the works. We're anticipating that to be done by the middle of next month. And then, Glynis has been helpful in training some of the existing clerical staff that have those duties as part of their other related duties in performing some of the functions she's performing now. So, we have that backup to go with this new HR assistant position would be for the dedicated backup to assist Glynis. CHR. CABANAS: And that's a new position? MR. PATEL: It would be a reallocation of an existing position. CHR. CABANAS: An existing person. MR. PATEL: Yeah. CHR. CABANAS: Okay. And that person would MR. PATEL: It's a vacant position. CHR. CABANAS: Oh, vacant. MR. PATEL: Yeah. CHR. CABANAS: So, once you fill that position, that person would accompany Glynis to the MAB meetings? MR. PATEL: Yes. CHR. CABANAS: Okay, good. MR. PATEL: That's it for that one. Everything else is pretty much—we're still pushing forward. The other thing I'd like to highlight is with the R&E Division. So, the NeoGov text messaging was implemented as of the beginning of this month. So, more recently, it's come to light that some departments haven't been using or pushing out notifications with the text messaging. So, we just followed up this week clearly stating that it's mandatory that it be used across-the-board. The way the system works is that when someone goes in and creates a profile, they can opt into the text messaging. So, if someone opts in and then applies for different positions across departments—and one department uses the text and the other one doesn't—that could lead to dropped balls, basically, where they're waiting for the text and nothing comes through. So, across-the-board everyone's required to use the text messaging. CHR. CABANAS: And the texting would be application received, scheduling of interview, et cetera? Page 17 Merit Appeals Board September 29, 2023 MR. PATEL: Yeah. "You've received a communication, please check your account." So, it directs them to go back and log in. CHR. CABANAS: To the account. MR. PATEL: Yeah. CHR. CABANAS: Okay. Any questions or comments for Mr. Patel? MS. DE SOTO: Yeah, I have a question. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: If you could assist me in understanding this. Which division would be responsible for helping employees understand their appeal rights for HR decisions. MR. PATEL: It would depend on what the appeal was about. So, it could be recruitment in some instances and others it could be classification and pay. But I think there's opportunity for us, if we're nearing that point regardless of the division involved to, kind of, at least generally say, "This is what you can expect at the next level." I think we do that already but in light of the prior communication, there seems to be room for improvement, obviously. MS. DE SOTO: Yeah. I was just thinking that in terms of employees really under there's a difference between understanding their rights versus feeling empowered to use them and feeling able to navigate those systems. And so, I was just curious, which or how that would play out in terms of enhancing the confidence and access to these types of options. MR. PATEL: And I think part of the—we're all so nice and pleasant to deal with that's why. So, part of the issue, I think, might be that the level immediately prior to it coming to this Board, it's really an informal discussion where we're sitting around the table and having that—so, it's very conversational. And so, I hear the concern. Once they get here and you see all of this, it immediately becomes more formal—maybe unexpected. CHR. CABANAS: I think this is an area that we will agendize for the next meeting because there is a history to it, which I'm familiar with. So, we'll put it on the agenda to have more discussion. MR. KUNZ: I have one comment. I think that's important that we should but is there, like, a County workers handbook that explains the appeals process? Is there one with the civil service that the union—okay, so the County is separate from them and can afford to, maybe, create some sort of employees handbook that has the process. Page 18 Merit Appeals Board September 29, 2023 CHR. CABANAS: So, at the next meeting, I'll explain the history to that, so that we don't violate anything at this point. Okay, we will agendize it. Okay. Any other comments or questions for Mr. Patel? If not, may I have a motion to accept and file MR. KUNZ: So moved. CHR. CABANAS: —the director's reports. Moved by Mr. Kunz. Is there a second? MS. DE SOTO: Second. CHR. CABANAS: Thank you, Ms. De Soto. Thank you, Mr. Kunz. Any discussion? If not, I will start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to accept the acting director's monthly divisional activity report for September 2023. Announcements (Item 9) CHR. CABANAS: Are there any "Announcements" at this time? Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene A Special Meeting Of The Merit Appeals Board On Wednesday, October 25, At 8:30 A.M., At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 CHR. CABANAS: If none, the next meeting is going to be a Special meeting of the Merit Appeals Board on Wednesday, October 25, at 8:30 a.m., at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. There was a motion last—at the last meeting that this meeting on October 25h would be a special meeting because we were going to have our regular meeting on October 26h. Now that the Page 19 Merit Appeals Board September 29, 2023 Appellant has withdrawn his appeal, which we were going to have the hearing on October 261h that meeting actually doesn't have to occur. The regular meeting does not have to occur on October 26h. So, could there be a motion to change the October 25' meeting as our regular meeting—and not a special meeting. MS. MATHEWS: So moved. CHR. CABANAS: Thank you, Ms. Mathews. A second? MR. KUNZ: Second. CHR. CABANAS: Thank you, Mr. Kunz. Any discussion? If not, I'll take—start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried. So, the October 25h meeting is now a regular meeting. Thank you, everyone. Adiournment (Item 11) CHR. CABANAS: And may I have a motion for the adjournment of today's meeting. MR. KUNZ: So, moved. CHR. CABANAS: Thank you, Mr. Kunz. A second? MS. DE SOTO: Second. CHR. CABANAS: Thank you, Ms. De Soto. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. Page 20 Merit Appeals Board September 29, 2023 CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. Meeting adjourned at 10:42 a.m. Thank you, everyone. Respectfully submitted, Glynis Yamada, Secretary-Reporter APPROVED: 10.1l uuck. ' "l . guhci`rr" Gabriella M. Cabanas, Chair Merit Appeals Board Page 21