HomeMy WebLinkAbout2016-11-18 Merit Appeals Board Minutes REGULAR SESSION
MERIT APPEALS BOARD
Department of Human Resources
101 Pauahi Street, Suite 102
Hilo, Hawai`i
November 18, 2016 (Friday)
CALL TO ORDER The regular meeting of the Merit Appeals Board, County of Hawai`i, was called
(Item 1): to order at 10:10 a.m. by Acting Chair Julie M. Tulang, at the Department of
Human Resources Conference Room, 101 Pauahi Street, Suite 2, Hilo, Hawai`i,
on Friday,November 18, 2016.
ROLL CALL
Present: Ms. Julie M. Tulang, Acting Chair
Mr. David K. S. Nahuina, Member
Ms. Luahiwa Namahoe, Member
Ms. Ida H. Otake, Member
Mr. Mitch Tam, Member
Also Present: Ms. Sharon Toriano, Director, HR Department
Mr. William V. Brilhante, Deputy Director, HR Department
Mr. Julian T. White, Deputy Attorney General, State Office of the
Attorney General
Ms. Lerisa Heroldt, Deputy Corporation Counsel, Office of the
Corporation Counsel
Ms. Glynis Yamada, Secretary-Reporter, HR Department
Members of the Public Present:
Ms. Martha Reber
Merit Appeals Board November 18, 2016
ADDENDUM TO The Acting Chair directed the Board to the next order of business, Addendum to
AGENDA Agenda.
(Item 2):
(There was none.)
STATEMENTS The Acting Chair directed the Board to proceed to the next order of business,
FROM THE Statements from the Public.
PUBLIC
(Item 3): (There were none.)
CHANGE ORDER By general consent,the following items were taken out of order, as requested by
OF BUSINESS: Acting Chair Tulang and with no objections from the Board Members.
ACTING CHR. TULANG: Okay. We're going to, kind of,jump around
on our agenda today. And I want to move down to "New Business" and the
introduction of our new Merit Appeals Board Members. And I'd like to
start over here with Mitch—if you can tell us who you are and a little—one
sentence.
NEW BUSINESS The Acting Chair directed the Board to proceed to the next order of business,
(Item 6): New Business.
INTRODUCTION OF NEW MERIT APPEALS BOARD MEMBERS
MR. TAM: Okay. My name is Mitch Tam and I live in Kona and I'm
employed in the private sector.
ACTING CHR. TULANG: Thank you.
MS. NAMAHOE: Aloha, I'm Luahiwa Namahoe. I live in Panaewa. I
work for HMSA.
ACTING CHR. TULANG: And we'll go around the table and introduce
ourselves.
MR. NAHUINA: David Nahuina.
MS. TULANG: Julie Tulang.
MS. OTAKE: Ida Otake
MR. WHITE: And, good morning, Deputy Attorney General Julian White.
MS. YAMADA: Glynis Yamada, Secretary.
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Merit Appeals Board November 18, 2016
MS. HALL: Belinda Castillo-Hall, Deputy Corporation—I'm Counsel for
the MAB.
ACTING CHR. TULANG: The rest of you, please introduce yourselves to
our new Members.
MR. BRILHANTE: William Brilhante, I'm the newly appointed Deputy
Director of Human Resources.
MS. TORIANO: Good morning, all, and thank you for coming. I'm
Sharon Toriano, Human Resources Director.
MS. HEROLDT: Good morning, everybody, I'm Lerisa Heroldt, Deputy
Corporation Counsel, and I'm here representing the County of Hawai`i,
Department of Planning.
MS. YAMADA: Ms. Reber, if you can just introduce yourself.
MS. REBER: Hi, my name is Martha Reber, of—here in Hilo, Kaumana—
formerly of the Hawai`i County Planning Department, Land Use Plan
Checker. Thank you.
ACTING CHR. TULANG: Thank you, all. So, we're going to go right
into convening our hearing. However—do we take this—
MR. WHITE: We should, probably, go ahead and put it on the record,
Ms. Chair.
ACTING CHR. TULANG: Okay.
MR. WHITE: —that you just received this. Thank you.
COMMUNICATION NO. 16-01, RECEIVED ON APRIL 11, 2016,
APPEALING AN EMPLOYMENT ACTION BY THE PLANNING
DEPARTMENT. (THE MERIT APPEALS BOARD WILL BE DETERMINING
WHETHER THE APPELLANT'S STEP 2 APPEAL WAS TIMELY FILED
WITH THE MAYOR'S OFFICE PURSUANT TO THE COUNTY OF
HAWAI`I'S "INTERNAL COMPLAINT PROCEDURES." IF THE BOARD
DETERMINES THAT THE STEP 2 APPEAL WAS TIMELY FILED BY THE
APPELLANT, THE BOARD WILL PROCEED WITH THE HEARING AND
ALL MATTERS RELATED TO THE HEARING.); and
COMMUNICATION NO. 16-01.01, RECEIVED ON NOVEMBER 9, 2016
REGARDING COUNTY'S DEPARTMENT OF PLANNING'S MOTION TO
DISMISS; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION
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Merit Appeals Board November 18, 2016
OF JOAQUIN GAMIAO-KUNKEL; DECLARATION OF LERISA L.
HEROLDT; EXHIBITS "1" - "17"; NOTICE OF MOTION; CERTIFICATE
OF SERVICE; and
COMMUNICATION NO. 16-01.02, RECEIVED ON NOVEMBER 9, 2016,
REGARDING COUNTY'S WITNESS LIST; CERTIFICATE OF SERVICE;
and
COMMUNICATION NO. 16-01.03, RECEIVED ON NOVEMBER 9, 2016,
REGARDING COUNTY'S EXHIBIT LIST; CERTIFICATE OF SERVICE
RECESS: The Acting Chair called for a recess at 10:13 a.m. to convene the closed hearing.
RECONVENE The meeting reconvened at 2:51 p.m.
(Regular Session):
RETURN TO The Acting Chair directed the Board to return to the regular order of business.
ORDER OF
BUSINESS:
ACTING CHR. TULANG: Okay. And now back into regular session.
APPROVAL OF Minutes of September 23, 2016.
MINUTES
(Item 4):
COMMUNICA- (There were none.)
TION(S)
(Item 5):
NEW BUSINESS B) ELECTION OF MERIT APPEALS BOARD CHAIR AND VICE-CHAIR
(Item 6): FOR CALENDAR YEAR 2017
DIRECTOR'S A) QUARTERLY REPORTS
REPORT B) ITEMS OF CURRENT INTEREST
(Item 8):
Motion to Postpone ACTING CHR. TULANG: Right. So, I'll entertain a motion to postpone the
Items on the items on the agenda that we did not get to today, to the next meeting.
Agenda:
MS. NAMAHOE: I so move.
MR. TAM: Second.
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Merit Appeals Board November 18,2016
ACTING CHR. TULANG: All those in favor?
The voice vote was as follows:
AYES: Board Members Nahuina,Namahoe, Otake, Tam,
and Acting Chair Tulang - 5.
NOES: None.
ABSENT: None.
EXCUSED: None.
ACTING CHR. TULANG: And now, a motion to do we recess or
adjourn for the day?
MS. YAMADA: Recess.
Schedule Next ACTING CHR. TULANG: Recess until December 13th at 9:30 a.m., place to be
Meeting Date determined.
(Item 9):
MR. TAM: I'll move to accept that.
ACTING CHR. TULANG: Thank you.
MR. NAHUINA: Second.
ACTING CHR. TULANG: All those in favor.
The voice vote was as follows:
AYES: Board Members Nahuina,Namahoe, Otake, Tam,
and Acting Chair Tulang - 5.
NOES: None.
ABSENT: None.
EXCUSED: None.
ACTING CHR. TULANG: Opposed? Thank you—first timers, you did an
excellent job.
MR. NAHUINA: Yes.
MR. WHITE: Thank you very much, guys.
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Merit Appeals Board November 18,2016
ADJOURNMENT At 2:54 p.m., the Acting Chair declared the meeting recessed to December 13,
(Item 10): 2017, at 9:30 a.m., with the location to be determined.
Respectfully submitted,
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Glynis Yamada
Secretary
APPROVED:
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Julie M. Tulang
Acting Chair
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