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HomeMy WebLinkAbout2023-10-25 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii October 25, 2023 (Wednesday) 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 Wednesday, October 25, 2023. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair 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. Danny B. Patel, Acting Director, Human Resources Department Ms. Sommer J. Tokihiro, Human Resources Manager II, Human Resources Department Ms. Michelle Simmons, Human Resource Manager 11, Human Resources Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board Call to Order (Item 1) October 25, 2023 CHR. CABANAS: Good morning, everyone. Today is October 25h, 2023, the Merit Appeals Board regular meeting is called to order at 10 a.m. We have quorum today. All five Board members are present. I'll start with myselfI'm the Chair, Gabriella Cabanas; Vice -Chair Gay Mathews. MS. MATHEWS: Good morning. CHR. CABANAS: Good morning. Kate De Soto. MS. DE SOTO: Good morning. CHR. CABANAS: Charlie Kunz. MR. KUNZ: Good morning. CHR. CABANAS: And David Wiseman are the Board members present. Good morning to everyone. We are in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Also present with us in the Council Chambers are Assistant Corporation Counsel J Yoshimoto. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: Good morning. And our Secretary -Reporter Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Good morning, Glynis. 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: According to our secretary, we have no "Statements from the Public." Page 2 Merit Appeals Board October 25, 2023 Unfinished Business (for discussion and appropriate action)(Item 4) Selection Of The New Director Of Human Resources, County Of Hawaii: Assessment, Discussion And Review Of The Selection Of The New Director Of Human Resource. Executive Session: The Merit Appeals Board Anticipates Convening An Executive Meeting Regarding The Above Matter, Pursuant To Section 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 CHR. CABANAS: At this time, I'd like to go to Number 4 on the agenda, "Unfinished Business" for discussion and appropriate action. And this concerns the selection of the new Director of Human Resources for the County of Hawaii. Specifically, discussing the assessment, discussion and review of the selection of the new Director of Human Resources. At this time, I would like to receive a motion for the Board to go into executive session so we can discuss the selection of the new Director of Human Resources. MS. MATHEWS: So moved. CHR. CABANAS: Thank you. Is there a second? MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion? I'll read the executive session language first before I call for the vote. The Merit Appeals Board anticipates convening an executive meeting regarding the above matter pursuant to Section 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. We'll start with a rollcall vote with Ms. Gay 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 for the Board to enter into executive session. RECESS: The meeting recessed at 8:33 a.m. to convene executive session. RECONVENE: The meeting reconvened at 2:26 p.m. in open session. Approval of Minutes (Item 5) September 29, 2023 October 25, 2023 CHR. CABANAS: We are back in open session at 2:26 p.m. And looking at our agenda, we are on Number 5, approval of meeting minutes for the regular meeting, September 29, 2023. Have you all had the opportunity to review those minutes? Okay. MR. KUNZ: Motion to accept the minutes. CHR. CABANAS: Thank you. Is there a second? MS. DE SOTO: Second. CHR. CABANAS: Okay, seconded by Ms. De Soto. Okay, thank you. Any discussion? If not I'll start a roll call 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 October 25, 2023 CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried to approve the meeting minutes of September 29, 2023. Communication(s) (Item 6) CHR. CABANAS: We are now on "Communication" but there are no communications. New Business (Item 7) Discussion Concerning The Appeal Process For Individuals Who File An Appeal CHR. CABANAS: Number 7, "New Business" for discussion and appropriate action. This is the discussion concerning the appeal process for individuals who file an appeal. I had the opportunity well, Glynis had emailed our Deputy Attorney General. He didn't respond, so I called him on—what's today—today's—what is today—Wednesday. So I talked to him on Monday and they were not available to come or to do ZOOM but our discussion centered around whether we could do a fact sheet for individuals who file an appeal with the Merit Appeals Board. And he said, "yes"—and I explained to him it's just a general description of the appeal process. So, he said okayso, I offered to draft something for his review and, of course, it's subject to not only me putting it together, but I'll also ask Glynis and Jif there have been any changes since I retired `cause it's five years already. So, how does the Board feel about that? I can draft it, have them review it, send it to the Deputy Attorney General for is approval—and if it's okay, I'll bring it back to the Board for our November meeting. MR. WISEMAN: Although I wasn't here the last meeting, I did read the minutes. It's my understanding that the appellant withdrew his appeal because he felt intimidated—whatever and the Board felt the need to address this and give some basic steps or information. CHR. CABANAS: That's correct. MR. WISEMAN: I would add that in my experience, anyone going before a tribunal of court or hearing or anything the default (inaudible) is intimidation. All right. It's not their world. Some people never been in a courtroom. And there are some steps but I'm confident the Board Page 5 Merit Appeals Board October 25, 2023 takes into your leadership is—and takes the necessary steps to explain as much as possible to these people. And I'm in favor of having something basic. CHR. CABANAS: Yeah, just basic. MR. WISEMAN: Yeah. So CHR. CABANAS: What we found was that he was uncomfortable just by his body language and his facial expression that he didn't realize it was a formal hearing. And so, I tried to explain to him, in general lay terms, what was involved that he would bring witnesses. And then, I noticed he started to shift and he got a little uncomfortable. But it's not only him. I've noticed it—and we have—in a prior appeal hearing where someone represented himself. And this was before you served on the Board. And this person, clearly, didn't know what was involved. MR. WISEMAN: Yeah. And there's an old, sort of, cliche joke—sort of—"He who represents himself has a fool for a client"—okay, but at the same time no matter how basic you explain they're not grasping it. To them it's that fear—it's that intimidation that's blocking any logical explanation, no matter how nicely you put it's—and I've had this experience for years. No matter how nicely you put it, there's a block to accepting that—they can't relate to it. All they can relate to is, "I'm here and I'm on the defense." So, with that in mind, but basically (inaudible) and it could help. CHR. CABANAS: Yeah. I mean, it's just a basic MR. WISEMAN: Yes. CHR. CABANAS: explanation. MR. WISEMAN: Yes. Sure. CHR. CABANAS: Okay. So, is there a motion authorizing me to do the draft of the appeal process just the facts of the appeal process. MR. WISEMAN: Yeah, so moved. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. Page 6 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. October 25, 2023 Five ayes. Motion carried. Okay, so I will work on that and then have the Board review it at the next meeting. Director's Report (Item 8) MAB Quarterly Reports: July – September 2023; And MAB Monthly Divisional Activity Report: October 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 at the "Director's Report"I don't know if Mr. Patel is here. Glynis, is Danny here? MS. YAMADA: I was going to call Danny when we're ready. CHR. CABANAS: Oh, we're ready. MS. YAMADA: Oh, okay. CHR. CABANAS: Okay. So, we'll take a pause while waiting for Mr. Patel for the director's report. RECESS: The Chair called for a recess at 2:32 p.m. Page 7 Merit Appeals Board October 25, 2023 RECONVENE: The meeting reconvened at 2:47 p.m. in open session. MAB Quarterly Reports: July – September 2023 CHR. CABANAS: Okay, we are back in open session and we are—we have our Acting Director of Human Resources present, Mr. Danny Patel, to present his director's report—specifically, the MAB Quarterly Reports for July through September 2023 and the MAB Monthly Divisional Activity Report October 2023. (At this time, Mr. Danny B. Patel, Acting Director, Human Resources Department, came forward.) CHR. CABANAS: Danny, how do you feel—what you feel comfortable with—would you want it done in an open or closed session? MR. PATEL: I think we can start with the open. CHR. CABANAS: Okay. So, thank you. So, you can proceed. MR. PATEL: And so I present to you the reports. As you can see, a lot of itor most of it we've covered through the monthly reporting. The one thing I really wanted to highlight, you'll see in the Personnel and Organization and Development section—reference to the employee awards. So, the program was, in fact, held on the 16'h and by all accounts it was a success. Everyone's glad it came back and we're happy to continue doing it going forward. Other than that, I'll take any questions. CHR. CABANAS: Okay. Does anyone have any questions for Danny? Is the Administrative Services Division fully staffed now? MR. PATEL: No, it is not. So, actually, an update on that I think I mentioned in a prior meeting that we were doing a re-org. of that division. So, that has been completed as of this month. And we're recruiting for the two positions now the Program Specialist at the SR -24 level and then the HR Assistant. So, that just went out that's still open. So, we haven't had a chance to see any applications, yet. CHR. CABANAS: Okay. Thank you. MR. PATEL: So once we get those positions filled, the plan is to get them trained brought up to speed as quickly as possible. And then, we can start withI know for that division, their first Page 8 Merit Appeals Board October 25, 2023 goals has been, kind of, pending through COVID, then after that we had the mass pay adjustments—and throughout that continually short-staffed. But with the two recent positions being filled, and now with these two we're anticipating being filled, hopefully, we should be able to get back on track with respect to that first goal. CHR. CABANAS: And then for your 80 reallocation requests for recruitment purposes, are those for fire or police or what are those for? MR. PATEL: They're actually across-the-board— CHR. CABANAS: Oh, okay. MR. PATEL: just various. We've been doing that a lot with the difficulty in filling certain positions, if they've been on continuous for long enough, we've reallocated a bunch of the positions to the lower level classes—and then, simultaneously recruiting all at once. CHR. CABANAS: How are the departments managing, though, with those vacancies? Are people working overtime or are they—I guess, I was getting concerned that they might be working out of class. Are those—are the employees staying within their classification? MR. PATEL: As far as our department knows yes. CHR. CABANAS: Are you auditing that? MR. PATEL: There's—not since June as far as I know. CHR. CABANAS: Okay. `Cause I'm just wondering—let's say it'sI don't know—like a Legal Clerk III—and you have a Legal Clerk II doing her work but who's doing the Legal Clerk III work? MR. PATEL: Yeah. So, I don't think that really has been an issue. We haven't heard about anything along those lines. You'll know as part of the Workers' Comp. report as well. The claims have been coming down. So, typically, I think what we find is when there're issues like that or any other labor -related issues or any issues tied to just the work environment, in general—the workers' comp. claims go up. So, you could see from the reports that they've been going down. CHR. CABANAS: Oh, okay. MR. PATEL: Also, it's been relatively quiet lately. So, I'm either very excited that everything's running smoothly or very scared that I'm just not being made aware. CHR. CABANAS: Okay. Thank you. Page 9 Merit Appeals Board October 25, 2023 MR. KUNZ: I had a questionI'm not sure if it falls within this because I don't see it. But you had made reference last time to us about concurring the negotiations the union negotiations the pay raises and stuff I think. And then, we had to comply or do whatever we had to do. Does that necessarily show up in here or what was the status of that after we made that decision to agree with—we had looked at the schedules and everything. CHR. CABANAS: That was for the Salary Commission. MR. KUNZ: Correct. CHR. CABANAS: Yeah. MR. KUNZ: But I wanted to know what the status was, if he submitted the information, if anything comes back to you. MR. PATEL: Oh, no—so after the submission nothing's come back and actually it was in the news last night. The Salary Commission has advanced the proposal for the increases. The public hearing portion of that is going to be on November 16th. MR. KUNZ: Thank you. CHR. CABANAS: And I think it was, like, 22%? MR. PATEL: Twenty-two point 44%, effective January 1st. And then, 5% effective July 1st CHR. CABANAS: Which is more than what our recommendation was because it's 20% that we recommended. MR. PATEL: Well, it's in-line. CHR. CABANAS: In-line. MR. PATEL: Because you recommended no less than 20%. CHR. CABANAS: Oh, okay. We were pretty close. MR. PATEL: Yeah. CHR. CABANAS: And the other thing I noticed that the police agility test got transferred over to HPD? MR. PATEL: Yes, finally. Page 10 Merit Appeals Board CHR. CABANAS: Wow, that's wonderful. MR. PATEL: As of September, yeah. CHR. CABANAS: So, now they have all the equipment and all of that? MR. PATEL: They have everything they need. Yeah. CHR. CABANAS: Wow. MR. PATEL: I know it's been a long time coming for the department. CHR. CABANAS: Yes, over 10 years. MR. PATEL: Yeah. CHR. CABANAS: And so, does the staff help in any way now—or not at all? October 25, 2023 MR. PATEL: So, during that transition portion, staff was helping. So, they kind of walked them through— CHR. CABANAS: Right. MR. PATEL: at least a few of those. So, they're ready at this point—but, of course, if needed, we can jump in and help, if necessary—as far as manning. CHR. CABANAS: Right, if they need help. MR. PATEL: Yeah. CHR. CABANAS: So, how does this affect the objective now because it says, "within four months for the police officer I recruitment requiring a written test and a performance test"so, are you going to amend this objective? MR. PATEL: Yes, we will definitely need to. CHR. CABANAS: But now the agility test is still part of establishing the list? MR. PATEL: Mm-hmm. CHR. CABANAS: It is? MR. PATEL: Mm-hmm. CHR. CABANAS: So yeah. Page 11 Merit Appeals Board October 25, 2023 MR. PATEL: Yeah. And so, I believe the way police is intending to do it now is they'll be allowed a makeup agility test. Because the plan was the whole reason for the transition was so that they can recruit more frequently both more exams, more classes. Assuming you make it to the agility test portion and for whatever reason you don't pass that, then they'll be allowed one repeat makeup, essentially, test without having to go through the entire process again. CHR. CABANAS: Oh, okay. MR. PATEL: Yeah. CHR. CABANAS: So, they get scheduled for the next agility test. MR. PATEL: Right. CHR. CABANAS: Okay. So, I'm just thinking, for Fire the department, we transferred the agility test to fire way back. But that was not part I don't think it's part of the objective and agility test—so I think that part was eliminated. MR. PATEL: Just taken out. CHR. CABANAS: Yeah, it was taken out. MR. PATEL: Right. CHR. CABANAS: So, they may want to do that. Yeah. The concern I have is the written examination in the verbiage "temporarily suspended." I brought it up when Waylen was the Director, but I don't know if he really got my point because our examination plan that we created backI think it was in 2010we had certain classes of work that we stopped. That was the plan. It wasn't temporarily—it was—it stopped, yeah. And then, laterI think after I retired then it got resurrected again for certain classes of work that we had stopped giving written exams. MR. PATEL: Mm-hmm. CHR. CABANAS: But, like I mentioned to Waylen, that temporarily suspension bothers me because at what point do you lift it? So, in other words, if you're not giving a written exam for Clerk III now—at what point do you lift that and you're going to say, "Okay, we're going to give written exams again for Clerk III"because it might come across, like, you're trying to take care of people now because it's temporarily suspended? So, the exam plan—it should be reflective in the exam plan. You're either giving a written exam or you're not giving a written exam. Page 12 Merit Appeals Board MR. PATEL: Mm-hmm. October 25, 2023 CHR. CABANAS: Because how do you explain to someone when you lift the temporary when you take it out—and now you're going back to written exams. Do you see what I'm saying? MR. PATEL: Mm-hmm. CHR. CABANAS: So, you may want to review that exam plan down the road again. MR. PATEL: So, actually, with Michelle Simmons CHR. CABANAS: She's here—and she just entered the room. MR. PATEL: Oh, yeah. So, we did discuss that. CHR. CABANAS: Oh, you did discuss it? MR. PATEL: I want to say a few months ago roughly. But there's criteria to follow not to oversimplify it, but an easy way to do it is once we no longer have a recruitment crisis CHR. CABANAS: Yes. MR. PATEL: we start giving the exams to pare down the applicant pool. CHR. CABANAS: Okay. So, you have to define when that recruitment crisis is over. MR. PATEL: Yeah. When we have less vacancies. CHR. CABANAS: And it's not for everything. It's going to be by classification then? MR. PATEL: Yes. CHR. CABANAS: Oh, okay. Anyone have other questions or comments? No? Okay. So, moving along. Did you have that was the MAB the Quarterly MAB Report. MR. PATEL: Mm-hmm. Page 13 Merit Appeals Board MAB Monthly Divisional Activity Report: October 2023 October 25, 2023 CHR. CABANAS: Anyone have questions for the divisional report? No questions, no comments? Okay. Can I have a motion to accept and file the director's report? MS. MATHEWS: So moved. CHR. CABANAS: A second? MR. WISEMAN: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'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 accept and file the director's reports. Thank you, Danny, very much. MR. PATEL: Thank you. CHR. CABANAS: Have a good week. MR. PATEL: You, too. CHR. CABANAS: And so, let the record reflect, we have Michelle Simmons, Recruitment and Examination Manager from the Department of Human Services—Department of Human Resources, rather. Page 14 Merit Appeals Board October 25, 2023 Michelle, you want to come up to the dais, please? MR. YOSHIMOTO: We're going to back into executive session CHR. CABANAS: Yes, we'll go back into executive session but I'll need a motion. MS. MATHEWS: So moved. CHR. CABANAS: A second. MR. WISEMAN: Second. CHR. CABANAS: Thank you. MR. YOSHIMOTO: So, to be clear, we're going back for Item agenda number 4? CHR. CABANAS: Yes. Any discussion? If not, I'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. We are now in executive session at 3 p.m. RECESS: The meeting recessed at 3:00 p.m. to convene executive session. RECONVENE: The meeting reconvened at 3:19 p.m. in open session. Page 15 Merit Appeals Board October 25, 2023 Selection Of The New Director Of Human Resources, County Of Hawaii: Assessment, Discussion And Review Of The Selection Of The New Director Of Human Resource. Executive Session: The Merit Appeals Board Anticipates Convening An Executive Meeting Regarding The Above Matter, Pursuant To Section 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 CHR. CABANAS: We are resuming our open session of the regular meeting of the Merit Appeals Board on October 25h, 2023, at 3:19 p.m. And, at this point, we are ready to take our vote on the selection of the next Director of Human Resources for the County of Hawaii. MR. YOSHIMOTO: We're on agenda Item number 4 CHR. CABANAS: We're on Number 4, the selection of the new Director of Human Resources. MR. YOSHIMOTO: You need a motion and a second. CHR. CABANAS: Need a motion. MR. WISEMAN: I make the motion that we move to vote for the new Director of the Department of Human Resources. CHR. CABANAS: And who would that be, Mr. Wiseman, I need the name of the candidate. MR. WISEMAN: Of who we're voting forsmile, I'm not going to say your name. All right— yes—we're ightyes—we're going to vote for Sommer Tokihiro, effective November 16''. CHR. CABANAS: Is there a second? MS. MATHEWS: I second. CHR. CABANAS: Any discussion? Sommer, you are our candidate for the position. November 16'h is a workable date? MS. TOKIHIRO: Yes. MR. WISEMAN: Yeah, once we vote, you won't—no longer be a candidate, you'll be the Director. Page 16 Merit Appeals Board October 25, 2023 CHR. CABANAS: And, Mr. Patel, is that a workable date for you? MR. PATEL: Yes. November 1st is also CHR. CABANAS: We considered November I" to be very honest—but out of courtesy to you and to Sommer, where you might have to wrap up certain things—we felt November 16th might be a more appropriate day. MR. WISEMAN: It's only three weeks. MR. PATEL: Yes, that works on my part. CHR. CABANAS: Okay. SoI'm sorry, did we have a second? MR. WISEMAN: Yeah. She second. CHR. CABANAS: Gay made a motion—okay—and then we said any discussion. Okay. MR. YOSHIMOTO: So, that it's real clear—so November 16th, 2023 CHR. CABANAS: Correct. MR. YOSHIMOTO: I didn't hear the 2023 CHR. CABANAS: Yeah, 2023. Okay. So, 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: Yes. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. Sommer Tokihiro, you are our next Director of Human Resources. MS. TOKIHIRO: Thank you. Page 17 Merit Appeals Board October 25, 2023 BOARD MEMBERS: Congratulations. MR. YOSHIMOTO: Can Isorry, for one quick thing—sorry. Under Sunshine Law, when we go into executive session, I believe we need to basically summarize what we talked about in executive session, in open session. That's the new requirement of the law. I just remembered that. So, since we're all still sitting here— MR. WISEMAN: I don't understand it. What's the sense of going into executive session, which is confidential, subject to a few exceptions. MR. YOSHIMOTO: It's a new law that was passed, I think, July or summer of this year, that required the boards and commissions MR. WISEMAN: What's the point? MR. YOSHIMOTO: To make sure that the public has, at least, an idea of what was discussed in executive session MR. WISEMAN: I see. Okay. CHR. CABANAS: We can do that. MR. YOSHIMOTO: So, not to be a stickler, but because this process is very important, if we can reconsider the vote, open up the discussion, summarize what was discussed in executive session that led to the Board making its decision—and then we take the vote. I just want to make sure we're 100% (inaudible). CHR. CABANAS: Okay. So, you want me to give a recap? MR. YOSHIMOTO: Right. But then, we have to reconsider the vote, go back to where we were, have that discussion, and then take the vote again. MR. WISEMAN: Okay. MR. YOSHIMOTO: That's on me `cause I just remembered that. MR. WISEMAN: Madam Chair, you'll have the quorum without me. I'd like to get going back to Kona now that I gave my vote. CHR. CABANAS: Oh, okay. I'm a little confused. When you say "recap" do I have to recap what we did, the process in general. Page 18 Merit Appeals Board MR. WISEMAN: No, just the subject that we discussed. MR. YOSHIMOTO: Right—that— CHR. ight that CHR. CABANAS: And then we vote again. MR. YOSHIMOTO: And we vote again. CHR. CABANAS: Can you stay for the vote? MR. YOSHIMOTO: It'll take five -minutes. Yeah. CHR. CABANAS: I'll make it real quick. October 25, 2023 MR. WISEMAN: Okay. I think for executive session, I haven't read the law but—known about executive session, in that case— MR. YOSHIMOTO: No, we just do a reconsideration and then CHR. CABANAS: Okay, let's do a reconsideration. MR. WISEMAN: Okay. I move to reconsider the executive session procedure. CHR. CABANAS: That includes the interview MR.YOSHIMOTO: No, we're just reconsidering the vote. The vote that just happened just now—move to reconsider, second you vote to approve that. We go backwards, we're back into discussion MR. WISEMAN: I move to reconsider the vote we just gave for some procedural matters. MS. MATHEWS: Second. CHR. CABANAS: Any discussion? MR. YOSHIMOTO: You can do "all those in favor" we're all here. CHR. CABANAS: All thoseoh, no, we're supposed to do rollcall—by rollcall vote. Okay, we'll do a rollcall vote starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Wiseman. Page 19 Merit Appeals Board MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Cabanas—aye. October 25, 2023 Five ayes. Motion carried. Sommer Tokihiro is our new Director for the Department of Human Resources, effective November 16, 2023. MR. YOSHIMOTO: The Board considered the matter and believes she's the best candidate, right? CHR. CABANAS: Yes, we conducted an interview and assessment exercise and based on our scoring for both interview and assessment—that she was the highest scoring individual. And with that, I think we conclude thisoh, we have to vote again? Okay. MotionI need a motion. MR. WISEMAN: Motion to vote for the new Director, Sommer Tokihiro, to the Department of Human Resources. MS. MATHEWS: Second. CHR. CABANAS: Any discussion? Okay, we'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: And she keeps smiling—aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. Page 20 Merit Appeals Board October 25, 2023 CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. MR. WISEMAN: Okay. And, Madam Chair, I'm going to request—I'm going to leave. CHR. CABANAS: You're going to be excused from the meeting. MR. WISEMAN: Yes, you have a quorum. CHR. CABANAS: Thank you so much for all of your help today, Mr. Wiseman. See you at the next meeting on November 21. MR. WISEMAN: I won't be here on the 21. CHR. CABANAS: Oh, you won't be here. Okay. Drive carefully. Okay. We have given proper notice to those in the selection process. If you want to go back and make the announcement to the staff, please feel free to. Regarding the Oath of Office, Glynis, on November 16''is that something I'm going to do? Okay. So, I'll be there in the morning, 8 o'clockGlynis, 8 o'clock? Eight o'clock on November 16'h if you want to bring your family to the office, you can take pictures and whatever you folks choose to do. It's very short 1 -minute for the Oath. MR. YOSHIMOTO: So, to be clear for the record, the second motion wasn't needed because the second motion didn't include November W' because we actually had the motion, which already stated November 16, 2023. CHR. CABANAS: Okay. MR. YOSHIMOTO: I just want to make sure that's clear for the record. Sorry to be a stickler for that. CHR. CABANAS: No, it's important. Okay. So, November 16'', Oath of Office, 8 o'clock you're going to inform your staff. What else—we're done with Number 4 and we are now going to—let me check here real quick. Announcements (Item 9) CHR. CABANAS: Any "Announcements?" Yes, you're excused. But thank you. You did a wonderful interview and assessment. MS. TOKIHIRO: Thank you. MS. MATHEWS: (Inaudible.) Page 21 Merit Appeals Board October 25, 2023 MS. TOKIHIRO: No, I've read the minutes, it's usually (inaudible) chaotic no, just kidding. Just kidding. But thank you for your time and the vote of confidence, and I look forward to working with all of you. And thank you. I feel kind of, overwhelmed after today. You always leave an interview going, "I don't have any idea what happened"so, I'm sure I'll think on it tonight. But I do just appreciate the opportunity and look forward to it. CHR. CABANAS: You're very welcome, Sommer. And then, we will send you a written letter of confirmation, yeah—and then we will also notify the Mayor. So, I'll give him a call today to let him know. And I just want to thank you, Danny, because you have served as the Acting Director and even the Deputy all this time—and you've done a wonderful job and we really appreciate the fact that you have done what you've done, really, to keep everything moving forward for the department. Yeah. MR. PATEL: (Inaudible) And thank you all. Thank you, Sommer, for applying. CHR. CABANAS: I hope you have something lined up. MR. PATEL: I can figure something out. MS. TOKIHIRO: But Danny really has done an amazing job and has been really supportive and—for the department. But, Danny, also to me—and so, I really appreciate that. And I appreciate him being here for this transition to, kind of, keep things moving forward while the Board start to fill the position after Waylen left. So, I appreciate all of Danny's hard work. CHR. CABANAS: That's good. Work as a team to the very end. And stay long now, Sommer—stay long. MS. TOKIHIRO: Definitely, I—it's a goal, yeah. But it is at the pleasure of the Board, so I will work very hard. CHR. CABANAS: Thank you both. MR. KUNZ: Thank you. Congratulations, again. Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Tuesday, November 21, 2023, At 10:00 a.m. At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 Page 22 Merit Appeals Board October 25, 2023 CHR. CABANAS: Okay. And the next meeting date is for the Merit Appeals Board to convene at its regular meeting on Tuesday,November 21, 2023, at 10 a.m. at the Hilo Council Chambers of the Hawai`i County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawai`i. Adjournment(Item 11) CHR. CABANAS: And may I have a motion now to adjourn? MR. KUNZ: Motion to adjourn. CHR. CABANAS: Thank you. MS. DE SOTO: Second. CHR. CABANAS: Thank you. Any discussion. If not, I'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: Ms. Cabanas—aye. Four ayes. Motion carried. Let the record show Mr. Wiseman is absent and is excused. The meeting is now adjourned at 3:34 p.m. Thank you, everyone, for a wonderful day. Respectfully submitted, Alf Glynis amada, Secretary-Reporter APPROVED: Gabriella M. Cabanas, Chair Merit Appeals Board Page 23