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HomeMy WebLinkAbout2024-02-23 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii February 23, 2024 (Friday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:09 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, February 23, 2024. 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 Ms. Sommer J. Tokihiro, Director, Human Resources Department Mr. Ryan Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Sherilyn Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Lisa Nuniez, Human Resources Manager II, Human Resources Department Ms. Leslie Kamahele, Human Resources Program Specialist, Human Resources Department Ms. Winter Takiue, Human Resources Specialist I, Human Resources Department Ms. Kirsten Chong, Human Resources Specialist I, Human Resources Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board Call to Order (Item 1) February 23, 2024 CHR. CABANAS: Good morning, everyone. The regular meeting of the Merit Appeals Board meeting is called to order at 10:09 a.m., on this day, February 23rd, 2024. The Board is seated at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. I'm Gabriella Cabanas, I'm the Chair of the Merit Appeals Board. Along with me are my fellow Board members—starting on my right, Ms. Kate De Soto. Good morning, Kate. MS. DE SOTO: Good morning. CHR. CABANAS: And on my left, our Vice -Chair, Ms. Gay Mathews—and Mr. Charlie Kunz. Also with us, is our Assistant Corporation Counsel J Yoshimoto and our Secretary -Reporter seated in the back, Glynis Yamada. So, good morning to everyone. MR. YOSHIMOTO: Good morning. MS. YAMADA: Good morning. CHR. CABANAS: We are fortunate to have our Director of Human Resources Sommer Tokihiro, present—and her staff. So, I'll start with Lisa Nuniez, our new Workers' Compensation Division Manager—and Kirsten Chong, Leslie Kamahele, and Winter Takiue. It's nice to see all of you and welcome to our meeting this morning. Also, with the Office of the Corporation Counsel, we have Mr. Ryan Thomas and Ms. Sherry Tavares. Welcome to our meeting this morning. Addendum to Agenda (Item 2) CHR. CABANAS: I understand we do not have any addendum to today's agenda. Statements from the Public (Item 3) CHR. CABANAS: And no "Statements from the Public" on any of the agenda items. Approval of Minutes (Item 4) December 21, 2023 and January 22, 2024 CHR. CABANAS: So, we are moving along to the approval of the meeting minutes. Page 2 Merit Appeals Board December 21, 2023 February 23, 2024 CHR. CABANAS: The first one is for December 21, 2023. Board members, have you had the opportunity to review the meeting minutes for December 21, 2023—and they're shaking their heads they're acknowledging "yes." So, do I have a motion on the floor to approve this meeting minutes? MR. KUNZ: Move to accept. CHR. CABANAS: Any second? MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Gay 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 to accept the meeting minutes for December 21, 2023. Before I move on, I forgot to mention that our fifth Board member, Mr. David Wiseman, is absent today and he's excused. January 22, 2024 CHR. CABANAS: Moving along to the next meeting minutes, January 22nd, 2024. Board members, have you had the opportunity to review the meeting minutes—and they're acknowledging "yes." So, do I have a motion to accept the meeting minutes for January 22nd, 2024? MS. MATHEWS: So moved. CHR. CABANAS: Thank you. Is there a second? Page 3 Merit Appeals Board MS. DE SOTO: Second. February 23, 2024 CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Gay Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Abstain. CHR. CABANAS: Okay, your abstainingoh, because you were— MS. DE SOTO: I was not present. CHR. CABANAS: not present. Okay, thank you. And Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: And Ms. Cabanas—aye. There are three ayes to accept the meeting minutes for January 22nd, 2024. And let the record reflect that Ms. De Soto abstained from the vote because she was not present at that meeting. Let's see, next on the agenda is "Communications"oh, you were not present— Ms. resentMs. Gay Mathews has just mentioned that she was not present at the January 22nd 2024, meeting, but she can still vote by reading the meeting minutes. Correct? MR. YOSHIMOTO: That's correct. CHR. CABANAS: Okay, so let the record reflect that. But thank you for bringing it up, Ms. Mathews. Okay—we are now on "Communications"—Glynis has reminded me, if the Director would want to provide her report out of order, with the Board's approval, to save the Director time but it's up to the Board and to the Director also. So, what's your preference? You'll wait—okay, that's fine. Page 4 Merit Appeals Board Communications (Item 5) February 23, 2024 Communication No. 24-01, From Brouster Fujichaku Robbins (A Law Corporation), Received On February 5, 2024, Regarding The (Proposed) Stipulation For Dismissal With Prejudice Of All Claims And Parties; And Stipulation For Dismissal With Prejudice Of All Claims And Parties, In The Matter Of The Appeal(S) Filed 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 (Board Action Required: Approval Of The Above Stipulation) CHR. CABANAS: So, we are now on Number 5 on the agenda—Communication number 24-01. Board members, have you had the opportunity to review the stipulation? And l need to look at it I the Chair discussed the stipulation that was emailed to me directly from the Bronster Law Firm. And I had to discuss it with our Deputy Attorney General, who's not here at our meeting today, but she did provide some guidance to me, as the Chair, and I need to look at the stipulation. So, basically, the parties entered into a settlement on this matter. And we really do not have anything more to do with this stipulation other than the Board authorizing me, as the Chair, to sign it. However, there are certain there's a certain section in the first paragraph of the stipulation that really does not pertain to us as a Board. And was recommended by the Deputy Attorney General that I line it out, initial it, and with the Board's approval, then sign it. So, basically, if you look at the first paragraph of the stipulation—and I'll read it—"It is hereby stipulated, by and between all remaining parties, by and through their respective counsel, and"– this next section I would line out—"pursuant to the fully executed Release and Indemnification Agreement at Paragraph 7 and HAR Section 14-25.1-4(a)"—that part would be lined out, followingI mean, starting with the word "pursuant" all the way to "4(a)"I would line out. The rest remains in its entirety. The reason being that it doesn't really pertain to the County and to the Board. And the section HAR that section there, 14-25—that's in reference to state's administrative rules and not the County's rules. So, it doesn't really—it shouldn't be there. So, may I have a motion to have the stipulation amended, as I read, and allowing me to sign as the Chair. MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MR. KUNZ: Second. Page 5 Merit Appeals Board February 23, 2024 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 to accept and approve the stipulation and also allowing the Chair to sign on behalf of the Merit Appeals Board, the stipulation for dismissal with prejudice of all claims and parties. So, thank you for that. So, I'll sign it after the meeting. The next communication—okay, we also need—I've been advised by our Assistant Corp. Counsel that we also need a motion to accept the stipulation, as amended. Okay. So, may I have a motion to MS. DE SOTO: So moved. CHR. CABANAS: So moved—second? 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: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Page 6 Merit Appeals Board February 23, 2024 Four ayes. Motion carried to accept Communication number—let me look at it -24-01, as amended. Thank you, everyone. Communication No. 24-02: Received On February 12, 2024, From Appellant, Appealing The Following Actions By The County Of Hawai`i's Department Of Public Works: Recruitment And Examination, Classification Or Reclassification Of A Particular Position, And Initial Pricing Of Class (Of Work) (Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents) CHR. CABANAS: Next on the agenda is Communication 24-02. Let the record reflect Mr. Ryan Thomas and Ms. Sherry Tavares are seated at the dais. (At this time, Mr. Ryan Thomas, Deputy Corporation Counsel and Ms. Sherry Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel, came forward.) CHR. CABANAS: And, Counsel, do you have any comments or concerns regarding Communication number 24-02? Good morning, Ryan. MR. THOMAS: So, first, I know that the Appellant is unavailable not here today. And so, I would ask to have this matter be dismissed and his appeal be denied due to his non-appearance. In addition, if the record can reflect that the appeal itself is untimely pursuant to MAB Rules 104-2—Appellant had 20 days to file an appeal from the date of the decision. And the decision in question here was dated January I Ph, 2024. And because this appeal has been filed beyond 20 days of that January I Ph date—we'd ask that this case be dismissed because it is untimely and, therefore, the Merit Appeals Board lacks jurisdiction. CHR. CABANAS: Okay. So, Glynis has informed me that she did inform the Appellant that we were just going to, as the Board, schedule the appeal hearing date and time and location today and not enter into any merits of his appeal today, probably explaining why he is not present at today's meeting. We cannot discuss the merits of the appeal. I understand you want to dismiss the appeal. There was some question about the timeliness—even when I looked at it. And our Deputy Attorney General is not present today to guide me and the Board about dismissing his appeal. Is it okay for me to express my concern about the timeliness or wait or defer this matter? Okay. So let's go ahead and schedule the appeal because that's what we that was our intent for today. And I understand, Mr. Thomas, your concern because I did look at it myself. But let's go ahead and schedule the appeal date, time, and location—and whenever that date is, then you may raise your concern about the timeliness at the next meeting and hearing. And that way, it gives the Appellant courtesy, also, so he will hear your concern about the timeliness and we'll have our Deputy Attorney General present to guide the Board as well, and we'll have a meaningful discussion about it. Page 7 Merit Appeals Board February 23, 2024 Because for us to go any further into it, we said we would not discuss the merits of his appeal today. MS. TAVARES: Chair, if I may just ask for the record and for clarification CHR. CABANAS: Yes. MS. TAVARES: Was the Appellant specifically told not to be present today or was just a summary of what the likely actions of the Board will be today. I just want it for the record, if he was told not to be here or if based on the information, we're just assuming he chose not to be here—two different situations. CHR. CABANAS: Correct. I understand what you're saying. I did not speak to the Appellant at all on this. And any communication that was made was with our secretary -reporter. So, I would have to defer to Ms. Yamada as to what was told to him. So, Glynis, would you be able to just explain for everyone here. MS. YAMADA: Hi. So, I did talk to the Appellant and I did inform him that this meeting today, we'll just be setting the hearing date. We won't discuss the merits and he's not—if he's not available, he doesn't need to come. CHR. CABANAS: I mean, this is not the first time an Appellant is not present for the scheduling of an appeal hearing. There are times when Appellants, for the very reason that Glynis has mentioned they don't appear because they know that the merits aren't going to be discussed. It's just the scheduling of the hearing at a future date. So, in all fairness, he's not the first Appellant not to show up. MR. THOMAS: Sure. And that's fair. And I just— CHR. ust CHR. CABANAS: Okay. Go ahead, Mr. Thomas. MR. THOMAS: —and, Chair, if I may. The County's position is that we believe the timeliness issue does not concern the merits raised in this appeal. But we would, however, ask—if the hearing date is set—if we can have a date to file any motions to dismiss that the Board can consider. CHR. CABANAS: Okay. That sounds reasonable. I mean, we can defer this to our next meeting which is March 12''. And, at that time, we can also let the Appellant know that his presence is required, so that he has the opportunity to hear your motion and he can explain further on his end. I just want to make sure that it's fair for both parties the County side and the Appellant side. MR. THOMAS: Thank you. Page 8 Merit Appeals Board February 23, 2024 CHR. CABANAS: As the Chair, I did note the timeliness as well. So, I had a question about it. But if you look at his appeal and the forms he has attached, there may be some sort of explanation that we might have to hear. MR. THOMAS: Thank you. CHR. CABANAS: Okay. So, March 12'h—we'll defer it to March 12''. I need a motion for that, yeah. MR. THOMAS: Is that a hearing to for the Board to consider our motion to dismiss? CHR. CABANAS: Motion to hear. MR. THOMAS: Okay. CHR. CABANAS: The motion to hear your dismissal. And, at that time, depending on what the outcome is, then we would schedule the hearing. MR. THOMAS: Okay. Would the Board prefer a written motion submitted before the March 12'h date or present an oral motion and arguments where the Appellant can respond? CHR. CABANAS: If you submit a written motion, then he will have the opportunity to respond, right, before March 12'. MR. THOMAS: Sure. Yes. CHR. CABANAS: Yes. So, that would be the preference for the Board. But we need a motion for that from the Board. So, Board members— MR. KUNZ: So moved. CHR. CABANAS: Is there a second? MS. MATHEWS: Second. CHR. CABANAS: Okay. So, let's make clear what the motion on the floor is that we defer this matter, this appeal matter, to our next Board meeting, which is March 12'', 2024. And that meeting is scheduled at what time, Glynis11 o'clock, here, at the Hilo Council Chambers of the Hawaii County Building, First Floor, Room 1401, in Hilo. Any discussion? MS. DE SOTO: Yeah. I was curious, if you could clarify for me—when we receive an appeal and we go to schedule the hearing in the past—has the Board established the merits of the case prior to the hearing or at the hearing? I just want to make sure our practice is consistent. Page 9 Merit Appeals Board February 23, 2024 CHR. CABANAS: In the past, I believe—if my memory serves me right—that it's at the hearing. It's the timeliness, it's whether MAB has the jurisdiction to hear the appeal. MS. DE SOTO: So, if that's the case, then should we just be proceeding in scheduling the hearing rather than deferring the scheduling of the hearing. CHR. CABANAS: We can, if the Board so chooses. MR. KUNZ: But we wouldn't be hearing the dismissal. I thought that was—we're deferring it to hear the dismissal first? MS. DE SOTO: Yes. So, my question was, does the dismissal happen separate—or the request to dismiss happens separate from the hearing itselfor does that point typically be made at the hearing. 1 -just for consistently sake. MR. KUNZ: Counsel, do you MR. THOMAS: If I may, I would ask that a hearing be set on the County's motion to dismiss and, perhaps, we can set rather than March, in April that way we can submit a written motion to the Board and to the Appellant allowing time to respond. And then, at this next hearing date—say, April then that's when the Board has an opportunity to ask us questions and we can present oral arguments. CHR. CABANAS: Okay because that sounds okay, as long as the Board approves such because our April meeting is April 25h—correct, Glynis? Yeah. April 25h, 10 a.m., here in the Hilo Council Chambers. April 25h. MS. DE SOTO: So, we currently have a motion on the floor that might—may need amendment. CHR. CABANAS: Yes, we may. Now—okay, so let's backtrack just a little bit because today is actually Ms. De Soto's last day. She has served her term. And we have a new person from the community nominated to succeed her. That person will not be present in March but probably will start up in April. So, that would be her first meeting and her first appeal hearing. So, we're still in the discussion phase here of the motion that was made to defer this matter to March 12''. MR. KUNZ: Will Mr. Wiseman be back in April? March—he is not, in March. CHR. CABANAS: He's travelling in March. Mr. Wiseman will be present in AprilI hope so—yeah. MR. KUNZ: Yeah, we could have quorum CHR. CABANAS: We'll have quorum. Page 10 Merit Appeals Board February 23, 2024 MR. KUNZ: The new member could recuse herself, J, if she wanted to? MR. YOSHIMOTO: The new member, pending confirmation by the Councilso, yeah, she could be available by April—not sure if she's yeah. Kind of depends what the Council does. MS. MATHEWS: And why would she recuse herself? MR. KUNZ: Coming on board and not being prepared. MR. YOSHIMOTO: Oh, I understand. So—yeah—so the question or the answer would be that as long as the new Board member reviews the files, information, and is comfortable proceeding then they can get up to speed, but that's to their discretion. CHR. CABANAS: And I'd just like to state that our Assistant Corporation Counsel would provide the orientation for a new Board member the way we received a new orientation as Board members. So, Mr. Yoshimoto would be doing that and then prepping her just to explain to her about the appeal process. MR. KUNZ: Or we keep Kate on a holdover. CHR. CABANAS: We would love to keep Ms. De Soto as a holdover but the rules don't allow for that—unfortunately. So, at this point—okay, any further discussion on this—on the motion that was made? Mr. Kunz, since you made the motion, do you want to withdraw your motion and make a new one or do we keep it as is. And the motion made was to defer this matter to the April—no—to the March 12'h meeting where we would discuss the County's motion to dismiss this appeal. MR. KUNZ: I think we can still keep that motion, correct? CHR. CABANAS: Okay. Okay, that's fine. Everyone comfortable with that? MR. KUNZ: Kate, that would appease that we'll be hearing it—that in March, correct? CHR. CABANAS: Well, no. It's going to be to discuss the County's motion to dismiss his request to dismiss the appeal. And then whatever happens from there, then we would—if it proceeds, we would schedule the appeal hearing for the April 25h meeting. Ryan, just a point of clarification. Was your request to also have the hearing that day—have everything done one day? Motion to dismiss and, if not, then to proceed with the hearing. MR. THOMAS: My request would be to have a hearing on the motion to dismiss in April that way when my—we can submit a written motion to the Board and to the Appellant allowing him time to respond. Page 11 Merit Appeals Board February 23, 2024 CHR. CABANAS: Oh, okay, for April. MR. THOMAS: For April—and that way in April all the parties come back, all the parties are prepared for the arguments, which would help the Board make a decision on. CHR. CABANAS: Okay. MR. KUNZ: So, I'll withdraw my motion to defer the appeal matter to the March 12'h MAB meeting. And I would make a motion that we hear the appeal matter on April 25h with both the motion to dismiss and going forward should we need to. MS. DE SOTO: Second. CHR. CABANAS: Okay, thank you. Any discussion? So, is it my understanding, as the Chair, that moving forward that the hearing could be held on April 25'. MR. KUNZ: Correct, if need be. CHR. CABANAS: Okay. MS. DE SOTO: So, on the agendaso, today, our agenda item it's noted that we will set a hearing date and deadlines. And so, we would be doing that now with this motion, we would set the hearing date as April 25h and we would set the deadline to file any motions prior so that both parties can review. CHR. CABANAS: Correct. So, Glynis has drafted for the Board's review, the deadline for parties both the Appellant and the County. And it's the golden rod sheet that we're looking at. So, we're still in the discussion phase here. Time to be determined—either 9 or 10 a.m., here in the Hilo Council Chambers. Deadlines for parties to submit their documents—does Mr. Thomas have a copy of this, so he can no. Okay. So, I'll read it slowly. March 20'', which is a Wednesday, deadline for parties to submit their documents by close of business, 4:30 p.m. This would include exhibits, witness list, motions, memorandums. Then on April 5h, which is a Friday—April 5h, 2024, deadline for parties to respond these are responsive pleadings—by close of business, 4:30 p.m. Parties would need to submit all documents to the Board's secretary, who is Glynis Yamada, via email and regular mail or hand-delivered—and to the opposing party. So, those are the deadlines. What time, Board members, do we want to start -9 a.m. or 10 a.m.—keeping in mind that Mr. Wiseman is coming in from Kona. MR. KUNZ: I would propose 10. Page 12 Merit Appeals Board February 23, 2024 CHR. CABANAS: Ten. Okay. Ten a.m. MR. THOMAS: Thank you. CHR. CABANAS: Okay. So, I'll need a motion alsoI guess, we need to amend the motion because we also need to agree on the date, time, and the deadlines as I've read. Okay. So, the date would be April 25h, which is a Thursday of this year-2024—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. And that once this is approved that the Merit Appeals Board will send a letter to both parties, County and the Appellant, notifying them of the date, time, location, and the deadlines. So, you'll be receiving something from the Merit Appeals Board and so will the Appellant. MR. KUNZ: So, do you need a motion to amendso, with what you said it can be—so amended. CHR. CABANAS: So, amended. MR. KUNZ: Okay. CHR. CABANAS: Okay. 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. So, we will have the notices going out to the Appellant and to the County notifying both parties of the hearing date, April 25h, 2024, which is a Thursday, at 10 a.m. here in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Page 13 Merit Appeals Board February 23, 2024 Please note that MAB requires one original and eight copies for all submittals. Okay, so that concludes this matter. Thank you, Mr. Thomas. MR. THOMAS: Thank you. CHR. CABANAS: And, Ms. Tavares, thank you for coming today and we'll see you on April 25h. New Business (Item 6) CHR. CABANAS: Okay, so we don't have any "New Business." Unfinished Business (Item 7) Discussion Concerning The Appeal Process For Individuals Who File An Appeal (Note: The Above Matter Was Listed On The October 25 and December 21, 2023, and February 23, 2024, Merit Appeals Board Agenda) CHR. CABANAS: But we are now moving on to "Unfinished Business" the discussion concerns the appeal process for individuals who file an appeal. And there is a fact sheet for the appeal hearing process, from the Merit Appeals Board, that I initially drafted, worked on, edited, and reviewed by Mr. Yoshimoto, our Assistant Corporation Counsel; and our Secretary -Reporter, Glynis Yamada; and our Deputy Attorney General in Honolulu. Have you all had the opportunity to review this fact sheet? Okay, so while you're doing that, I just want to explain to those that are present. We've had instances where appellants appear before the Merit Appeals Board with no representation. And the Board members have observed that they appear lost as to what's involved in an appeal. The last person was lost and indicated such. He didn't realize it was a formal appeal hearing. And in a formal appeal hearing, there's protocol. And so, what we did was we tried to draft just a general summary, which Glynis has provided you folks with a copy of. So, you can review it. I'll pause for now and you can, kind of, read through it. So, put yourself in the position of an appellant. Would this be helpful to you as an appellant? MR. KUNZ: I did have one questionI don't know, maybe for J to distinguish what is meant by "strict rules of evidence will not apply." MR. YOSHIMOTO: Okay. Generally, that term means that while the rules of evidence can be utilized, it won't be strictly adhered to. In other words, if there's objections, the Board has a latitude to either follow it or not. Page 14 Merit Appeals Board MR. KUNZ: Thank you. February 23, 2024 MS. MATHEWS: If I may, I'm concerned that this still isn't a clear statement to somebody that—this isn't their world. It's our world. And we're using terms like "appellant," and including that what—yeah—Mr. Kunz said things like "strict rules of evidence" that's a legal term. I'm this is something my daughter would say to me when she's arguing. And I don't think it goes as far as I would like to see the appellant have or it may be the appellant somehow is given an advocate of some kind that can help them through the process. We have attorneys, we have lots of trained, excellent staff, et cetera—and that immediately puts us in a severe imbalance this is a David and Goliath kind of a thing. And I don't feel that this (inaudible) I was concerned. I mean, yes, it's a start. I mean, that's great. But if this isn't your world, we end up with what we've seen in the past and I don't think it's fair. MS. DE SOTO: Can I ask at which or what point would the appellant or the potential the employee that has the potential to appeal—receive this document? CHR. CABANAS: We were thinking, once the person files an appeal with the de—with our secretary -reporter, on behalf of the Merit Appeals Board that they receive this. Note—we have to take note that once they file an appeal, they are an appellant. Okay. So, we use that term "appellant." This is just a general summary of what's involved. Now, appellants have the right to representation—they—some will bring an attorney, some will bring their union agent as the representative, some will bring a family member to assist them in the appeal hearing, and then there are those that just come by themselves in an appeal and represent themselves. This is just a synopsis of what happens in an appeal hearing. What would be your recommendation, Ms. Mathews, to make this more user-friendly? MS. MATHEWS: Actually, the first thing I'd do is throw this in the ChatGPT and say, "Make this be useable for somebody that's got a 7h grade education." Because I would, for example, the first sentence—"will notify the Appel lant""will notify you, the Appellant," goes a lot further along for clarification. And so, it's more a matter of making this being more palatable for somebody that this isn't their world. If somebody's working at a transfer station and backing up a truck—and they've got an issue—all this is going to do is scare them from doing what is their right. They probably don't have the money for an attorney nor they would know where to get one. They probably don't have friends, necessarily, that know how to deal with this or what they'll get is a friend that might tell them over a few beers that they're not here in this environment. And so, that's what I was after is this still feels really imbalanced and, I mean, I appreciate the effort I really do but being the middle of working on a project with 28 nations with different languagesI'm very sensitive to this kind of thingis, to me, this is a language problem. Page 15 Merit Appeals Board February 23, 2024 CHR. CABANAS: Well, it'sI mean, this is just a draft, so we can amend it—the Chair needs input and that's why we are reviewing it today to make it more user-friendly. So, besides putting, like, for instance, the second sentence, "will notify you, the Appellant" what else would you suggest we change to make it more in lay terms. MS. MATHEWS: May I suggest we defer this for a month and yes, I'm sorry, I didn't go through this—and see if we can't—I'll take stab at this and CHR. CABANAS: Okay. MS. MATHEWS: we can't actually exchange it via email CHR. CABANAS: No. MS. MATHEWS: prior so that people can have input and we can do it—the real world does, which is work collaboratively, rather than— CHR. CABANAS: May I suggest that I like the idea that we allow Board members time to review it. May I suggest that you review it and submit any changes to the document to our secretary -reporter. `Cause we still have to follow Sunshine Laws and we can't discuss it among ourselves unless we're meeting here in our Board meeting. So, submit your suggestions to our secretary -reporter. And I think we should have a deadline so that Glynis can compile everything and then we can review it at our March 12'h meeting. MS. DE SOTO: Can I make a suggestion? CHR. CABANAS: Sure. MS. DE SOTO: That this document, in and of itself, may not be the full answer. I think it's important to use this language, `cause this is the language that the appellant will be faced with when they're sitting. So, I do think it helps bridge their knowledge base and that comfort level. But I think what's also important that we've talked about is what—how do people become aware of their rights. Their rights to appeal. How are employees trained on those rights. And, to me, that's where the more lay person language could potentially lie, is in that front-end work of making sure that all employees understand their rights, and that they understand there's a formal process, and once you file you will receive all the details of that formal process. And so, that way they feel they can see the path, they can see the steps of what they will get, when they will get it—and, hopefully, feel a little more empowered and time—'cause Iif I got this, I would immediately look at this and go—I wouldn't necessarily be intimidated but I would look at it and say, "Okay, what don't I understand? How do I prepare?" It's a guide map for that. Page 16 Merit Appeals Board February 23, 2024 MR. KUNZ: So, is it the responsibility of this BoardI mean, this is a good cheat sheet as, I think, we wanted to have something that would help. But, in terms of—and I think I brought this up some time ago regarding an actual County merit employees handbook that actually states that you have the right—'cause we don't write the rights. But we're, kind, of, like handing off aan antidote to help the individual. So, I feel that we need to be a little careful when we cross over informing a civil servant that they have the right to appeal. I don't think that's our job. But this is a good guidepost for them should they appeal, which I think we can do. I don't know if that's making sense, but I kind of caution this body when we start trying to determine that we have to provide something to they know what the merit workers' rights are. I think that's not our job. Our job is to have the hearing, make a determination—everybody has a process. And we're, kind of, like, creating a guidepost for the appellant and I think yes, we can kind of doctor the language, but I don't know how much further this body should be or this Board should be pursuing that each employee has a particular right and we want to try and for lack of a better term—help enforce that right. CHR. CABANAS: Mr. Kunz, you raised a good point. I just want to add on that appeals are not only filed by employees of the County of Hawaii, but applicants—members of the public. So, we may be having a wide range of persons coming before the Board, not necessarily employees. And you're right, it's not the responsibility of the Board. There is a process that the County already has established and because our Director of Human Resources is sitting at the dais, I'm going to yield at this point—and I'm going to ask Ms. Tokihiro to explain that part because the department, I believe, if my memory serves me right—has in place areas where employees and members of the public are also informed of their right—not only of the internal complaint process but of their right to appeal before the Merit Appeals Board. So, I'm going to defer to you, Sommer, if you could explain to the Board about that. MS. TOKIHIRO: Good morning. So, yes, the internal complaint procedure identifies who can file and the method for doing so. So, that's yeah, so that's the process as far as being notified of your right to because the appeal, in some situations, starts at the department level for certain actions. It's an appeal directly to this body. So, the internal complaint procedure identifies that process and the rights to pursue that. I just wanted to add with regard to the language. I mean, I'll leave it to this Board to decide how you want to handle this sheet. But a lot of our—almost all of our procedures and policies include definitions in the beginning. And so, I wonder if possibly adding "definitions"a definitions section. You could address what is meant by "appellant" but then continue to refer to it as "appellant" so that the cheat sheet does, as Member De Soto mentioned, use the language that is going to be used at the time of the appeal and maybe that would help bridge some of that understanding, if you were able to provide or more clearly define the terms. Page 17 Merit Appeals Board February 23, 2024 CHR. CABANAS: Also, going back to the notice to file an appeal, isn't there a statement on the job posting or it used to be that they can file. It was an admin. review or file an appeal—is it still there or has that changed? MS. TOKIHIRO: I'm going to have to go back and review the specific job posting, but I can provide the Board with that information as far as where they're actually notified because yes, it is members of the public and not just employees that could file the complaints. CHR. CABANAS: Right. And for members of the public, when the staff is reviewing, let's say, someone's application and the application continues to be not accepted for whatever the reason is and the staff will send, through NeoGov, a letter indicating such. And, if the applicant continues to submit additional information and the admin. reviews are done then, at that point, the staff notifies the person of their right to appeal before the Merit Appeals Board. That letter goes out to the appellant, right? Yeah, so your staff is nodding their heads "yes" it is. Yeah. So, they're notified of their right to appeal within 20 calendar days to the Merit Appeals Board, if their application is not being accepted for whatever the reason. So, that is their due process. That's—at that point in time, they're being notified. For the internal complaint process, if you look at this person who filed an appeal, that we were just discussing a few minutes ago—Mr. Pause, the Director of Public Works, notified the appellant to yeah, he could file an appeal to the Merit Appeals Board that was his due process notice at that point. MS. MATHEWS: So, what happened to Mr. Kunz's original idea of there being some kind of handbook for this entire thing. I realize that's not our kuleana but I think his idea holds a lot of, shall I say, "merit". CHR. CABANAS: That's something that the Board can discuss and vote on, if we have a motion but it would you're right, it would not be our responsibility but we would be, then, asking the Department of Human Resources to develop a handbook of some sort. If a handbook does not exist—if it exists, then to include it. If it doesn't exist, what exactly are we—do we want in a handbook for them to develop. That would need to be elaborated on, yeah—and I don't know how much we should be dictating to the department about including in a handbook `cause then, we're over -reaching our responsibility about a handbook. Yeah. So, anyway, I'll yield at that point. MR. KUNZ: Yeah, I think that—my statement about not having a handbook—wasn't about us needing to put one together or requesting one, actually, either. Because there's a lot that goes into that—everything about every union issue, vacation, pay—everything. That's really not our lane. So, yeah, I just threw that out as it would be nice that, if there was a handbook, that included in the handbook would have the—an appeal process. That's all. MS. DE SOTO: And I was thinking, perhaps, then—so these are—what I'm hearing is two separate issues. Like, one is this language—do we want to provide this type of documentation Page 18 Merit Appeals Board February 23, 2024 once the appeal is filed. And then, separately, does the Board want to consider how feedback is provided to HR regarding what we see when appeals come through. Because that's really what I'm hearing is that the feedback is, "Hey, we've been seeing situations where people are not understanding or prepared." And it's up to HR to decide what that means to the County and what they want to do with that information. Is it more that the Board needs to report back some data. MS. TOKIHIRO: I actually would think that it would—if the Board is seeing or not seeing action taken based on how appellants feel or are viewing the process, that that would be in the area for the Board to address and not an HR handbook or guidebook per se. So because we want to make sure, too, that any information is just information and it's not guidance. And so, it's informing about a process but we have to be careful about making sure that it doesn't deviate into something that could be perceived as any kind of guidance from any perspective. So, I doI like the fact sheet idea. I do appreciate the effort of the Board to make the process easier to understand. I wish I had a fact sheet the first time I came before you folks. So, I definitely see the value in that but, I guess, I would just caution perspective as far as what is the intent. So, if the intent is to provide a general understanding, I think that a fact sheet, some clear definitions of what the terms mean, timeframes—kind of, yeah, what to expect without doing a handbook per se. CHR. CABANAS: Okay. Anything else to discuss? So, we need—where were we? I would need a motion about the fact sheet allowing you wanted time to review the Board members, time to review and we discuss this at the next Board meeting, which is March 12''. MS. MATHEWS: (Inaudible.) CHR. CABANAS: March I" is next week. MS. MATHEWS: (Inaudible.) MR. KUNZ: I will—Kate's going to be gone. CHR. CABANAS: Well, Kate can still (inaudible)— MR. KUNZ: Kate is still present—that's right. MS. DE SOTO: I'm still technically serving through March. CHR. CABANAS: Technically yeah. Page 19 Merit Appeals Board February 23, 2024 MR. KUNZ: You can submit comments. CHR. CABANAS: Yeah, you can still provide input. MS. DE SOTO: Yeah. CHR. CABANAS: All of you should provide input by March 5h? Glynis is saying March 5h foroh, so how would you want it—track changes? Track change format in word document by March 5h. MS. MATHEWS: So, what is the thing you need the motion for to CHR. CABANAS: To defer this to our March 12'h meeting. In the meantime, Board members, with suggested changes to the document—the fact sheet—should submit their input in a word document with track changes by March 5h to our secretary -reporter. MS. MATHEWS: So, moved. CHR. CABANAS: And send it individually to—send it straight to our secretary -reporter. Don't include us as Board members. MS. MATHEWS: As amended. MR. KUNZ: Second. CHR. CABANAS: 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. Thank you for that discussion. Page 20 Merit Appeals Board Director's Report (Item 8) February 23, 2024 MAB Monthly Divisional Activity Report: February 2024; and Staffing Update CHR. CABANAS: Moving along, we are now up with the "Director's Report" and Ms. Tokihiro's seated at the dais. Staffing Update CHR. CABANAS: We have the MAB's Monthly Divisional Activity Report, first, for February 2024. You have the floor, Sommer. MS. TOKIHIRO: Thank you. Am Iactually, do we need to do the director's report or am I able to do my staff— CHR. CABANAS: Oh, you can do the staffing update also, `cause they're here. MS. TOKIHIRO: Okay. Yeah. CHR. CABANAS: And I did introduce them at the beginning of our meeting, but you can formally introduce them, again, to the Board and say a little bit about each person. MS. TOKIHIRO: Okay. Yeah, they've had a great opportunity to see the Board in action today, so I appreciate that. So, they can see the whole process. But I do want to allow them to get back to work also. So, I'm pleased to report that all of these new members of HR actually came to HR from other departments in the County. And so, we've been able to fill positions in Human Resources through internal promotional opportunities. So, we're happy to have these four new members of our staff today. So, Lisa Nuniez, is the HR Manager II for Workers' Compensation. Lisa came to the Department of Human Resources from the Police Department. So, we're happy to have her. And then, next, is Kirsten Chong. Kirsten came to us from DEM. She's an HR Specialist with our Recruitment and Examination Division. And then, LeslieI was like, oh—where do we (inaudible)—okay. Leslie Kamahele was actually part of our Recruitment and Examination Division but is now the HR Program Specialist in our Administrative Services Division. And then, Winter Takiue came to the Department of Human Resources from Parks and Recreation and she's an HR Specialist in our Admin. Services Division as well. Page 21 Merit Appeals Board February 23, 2024 So, pleased to report that the Department of Human Resources is now almost completely, fully staffed. I think we only have two vacant positions, and in divisions that were struggling with missing staff members and vacancies are now being filled. So, we're very pleased about that—pleased to have great new people joining our team, so I appreciate my team and all their hard work—and just wanted to allow you guys the opportunity to see our new members to the department. CHR. CABANAS: Well, we really appreciate the fact that you include, at every Board meeting, staff from the department. `Cause I think it's good for the employees and it's also good for the Board members to see who the hard working employees are of the Department of Human Resources. And so, we are very happy that you brought Lisa, Kirsten, Leslie, and Winter to today's meeting. Yeah, thank you so much. I hope you folks enjoyed—we had a lot of interaction today at the meeting. So, you see how we all think differently but we come to some sort of resolution to move things forward. And we are a participatory Board. I think it's safe to say that all five Board members we always ask questions, `cause I think each of us—we care about the department. We care about all of you. We want you to be happy. We know you work really hard in moving things forward. And Sommer is at the helm—she likes to involve the staff—so I think it's a really good situation that if you folks are included. Thank you, Sommer, for bringing them. MS. TOKIHIRO: Thank you. Thank you, everybody. (The employees responded "thank you" from the audience and proceeded to leave the meeting room.) MR. KUNZ: You guys can have an extended lunch now. CHR. CABANAS: Bye. MAB Monthly Divisional Activity Report: February 2024 MS. TOKIHIRO: Okay. And then, you folks have received the monthly activity report for February, so I'm happy to address any questions. CHR. CABANAS: Okay. Has everyone had the opportunity to read the director's monthly divisional activity report for February? MR. KUNZ: Sommer, I think I asked this in the past and not that you have to have it all the time but, well, maybe I didn't ask it of youI asked it of you. But do you have the figure same time a year ago or three years ago—against the worker comp. open cases? Like, how much of an increase? Page 22 Merit Appeals Board February 23, 2024 MS. TOKIHIRO: Yeah, so, I can spout those facts off to you from the top of my head, at this point—but, so, in 2019 when I started as the Manager for Workers' Compensation, there were about 474 open workers compensation claims. So, and then as of February 2024 there are 246 open claims. So, during the five-year period, they've the number of claims has consistently gone down as far as the total number of open claims that the division is handling at any one time. That doesn't mean that the total number of claims filed has gone down. So, we still continue to receive approximately 10 to 12 new workers' compensation claims every month but, fortunately, through claims handling strategy we're able—we were able to close more than we were opening and now we're, kind of, able to keep pace with it. So, it's not just that claims are remaining open for extended periods of time. Last fiscal yearno, it wasn't—it was for 2221-22, we actually had 200 workers' compensation claims that year, which was a high numberdefinitely, outside of the average but usually it comes in somewhere around 130. But if you'd like that comparison information on the monthly report, I can ask Lisa to include that going forward. Usually, those statistics we're providing in the quarterly report. MR. KUNZ: Yeah, I think the quarterly is fine. I just wanted to, for myself, just kind of see what the difference was. MS. TOKIHIRO: Yeah. MR. KUNZ: And you were saying that on an average you would get maybe 10 to 12 a month? Would you say that average was the same back in 2019 as well? MS. TOKIHIRO: I canso, that's there's a comparison on those report—but it's pretty consistently been 10 to 12. MR. KUNZ: Okay. Thank you. MS. TOKIHIRO: Yeah. MS. MATHEWS: So, the number of people that were working not the number of positions open, but the number of people working in 2019 versus 2024—is that the same? MS. TOKIHIRO: No. I believe that there's then consistently more positions added. So, we're going to have to look at—we would have to look at the vacancy rate to get a true number as far as how many people—how many employees we had at the time. But we haven't seen a decrease in staff, per se, or positions. So, there's new positions added. Page 23 Merit Appeals Board February 23, 2024 I would have to look at that to really be MS. MATHEWS: Actually, I was trying do is to put it on a ratio. You have y -number of people against x -number of people—and this one isso, that's what I was after. It was that ratio of we have 3,000 people that are gainfully working for the County at the moment, and we had 474 and now we have 2,800. So, there's less and your 246 that makes you look even better. MS. TOKIHIRO: Right. Yes. So it's yeah, under 10% at this point of total employees—as far as the representation of worker's compensation claims, but I could now I'm interested in that statistic, so I'm going to go back and find it. Because if it was 15 before and it's 10 now that's something. CHR. CABANAS: How do the cases get closed? Are those through settlements or MS. TOKIHIRO: Sometimes. There's a lot of times where someone will have an injury, they get the medical treatment that they need. They may not even have any lost time from work and they're able to go back to their permanent position. And after the medical treatment resolves, then we're able to just close the claim. In some cases, there're settlements. In some cases, it's decisions by the Department of Labor. And so, a variety of methods. But as for the actively monitoring, reviewing all of the medical reports, looking at the status, following-up to get independent exams to see what the anticipated timeframe for medical stability is, and then just actively following it—getting those evaluations scheduled. And then, as soon as we get the reports making—taking action on that. CHR. CABANAS: Are job placements still occurring when you have those that cannot return to their usual and customary? MS. TOKIHIRO: Yes. So, the Return -to -Work Program allows us to provide our employees light duty while they are continuing to receive the medical treatment. And so, through light duty, that gives the opportunity for someone to gradually increase their the number of days that they work per week, the hours that they work, and increase their physical capabilities as well. So, the goal being that they can, eventually, be—get up to the level, they can perform all of the duties of their permanent position. But for our employees that have permanent restrictions that preclude them from returning to their permanent position, they have the opportunity to participate in the County's Priority Placement Program. So, initial job search would occur for 45 days at the department level. And then, if there's no suitable vacant position at the department level, then they can be referred to the Department of Human Resources for Countywide job search and that occurs for the next four - and -a -half months. The total Priority Placement Program is six -months in duration. So, hopefully, at the end of that six-month period, we would have identified a suitable placement but, if not, the County is still obligated to provide services to enable that individual to return to suitable, gainful employment. So, if it's not with the County, it would be with the assistance of a Page 24 Merit Appeals Board February 23, 2024 private vocational rehabilitation counselor that would assist them to identify work outside of County employment. But they could also request to be put on the Select Priority List, so that in the event that an appropriate position came up in a three-year period, they could still be considered for rehire. So, our obligation to our employees is to return them to suitable, gainful employment whether that's with the County or with another employer. We're very fortunate that having 3,000 employees having these different operational and business needs that we are able to find placements. In some cases people will elect to retire, maybe pursue medial disability retirement based on whatever their status is. So, there's a variety of ways that those situations are addressed. CHR. CABANAS: Thank you, Sommer. Any questions for the Director? Ms. Mathews. MS. MATHEWS: Yes, and one other—and it goes back to the numbers game. Do you, by any chance, track a applicant from the time they apply and the time because they are considered qualified—and the time they are actually hired? Because that's one of the things I hear in the community all the time is they'd love to work at the County but it takes way too long. So, I was just wondering if there's any mechanism by which you can actually track—and I realize there're a bunch of people on the way that get tossed, but those you can go from Point A to sitting at the desk or driving a truck or whatever it might be. Is there any way to track that number? MS. TOKIHIRO: There is. There's a time to hire report that we can pull from our NeoGov system and NeoGov actually breaks it down at the different steps, so that we're able to see the amount of time it takes to screen an application and then when a referred list is sent to the department—you can see how it's—where it breaks—not where it breaks down, but how it breaks down between the different steps. And so, it's kind of a new report that our Recruitment and Examination Division has been looking at but it's, definitely, something that we want to look closer at because there're some terms that, again, NeoGov is using for different stages in the process that I'm not sure that we're fully understanding what that means. But I believe the time to hire—it's about four months, at this point. Those were the numbers that we were given but, again, that's there are times—it's hard with statistics when there are times that we may refer a list of eligible applicants to a department and for whatever reason they're not able they're not ready to interview at that point. And so, that's kind of skewing that number as far as time to hire versus a situation where someone submits their application, and then we assess their eligibility, refer the eligible list, interview happens, they are hired. So, the actual amount of time that that process should take versus the different—the amount of time it takes for the different steps is yeah, those are different numbers. Page 25 Merit Appeals Board February 23, 2024 MR. KUNZ: And then, you would not necessarily have baseline data on how long it used to take because there was nothing in place to record. MS. TOKIHIRO: Correct. Yeah. And because those different reporting mechanisms, we wouldn't necessarily be able to compare it. We can compare it for recent periods of time but not going back significantly. But the goal is always to try and find ways to improve and we do encourage departments, when they're submitting their Request to Fill, already start working on your interview questions, identify who your interview panelists will be so that by the time you get an eligible list, you're ready to move forward. And we've been encouraging that always, but more and more now, because there're so many vacanciesso, especially for people that may be applying for a position, like, Accountant—if we have vacancies in several departments, they're all using the same eligible list. It's not, like, say, in the past where we would have an Accountant opening in one department. We may have it in multiple departments. And so, the departments using that list is greater, so the competition for selecting the best applicant is greater even amongst ourselves. CHR. CABANAS: Anyone else have questions for the director? So, may I have a motion to accept and file the director's monthly divisional activity report for February 2024 and also her staffing update. MS. DE SOTO: So moved. CHR. CABANAS: A second? 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: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried to accept the director's reports. Page 26 Merit Appeals Board Announcements (Item 9) February 23, 2024 CHR. CABANAS: We are now on Number 9, "Announcements." And I'd just like to announce that today is, actually, Ms. De Soto's last meeting with us. Technically, she's still allowed to stay on until the end of March as a Board member, but she's not available for the March meeting. So, today is her last meeting. On behalf of the Board, I just want to thank you, Kate, for your work and time with us. And we do have a letter that's going to go out to you, so I wanted to read it—and it's signed by all of us. It says: "Dear Kate, thank you for serving your term on the Merit Appeals Board. It has been a great pleasure to have worked with you on the Board. Your commitment to uphold the merit system while being fair in the meetings and appeal hearings is greatly valued. We wish you good health, much happiness, and success in your future endeavors. With sincerest gratitude"—from each Board member. CHR. CABANAS: So, thank you, Kate. MS. DE SOTO: Thank you. MS. MATHEWS: (Inaudible.) CHR. CABANAS: No, it's from the Board. MS. MATHEWS: (Inaudible.) CHR. CABANAS: I'm going to yield as the Chair and open it up for all of you to provide comments and best wishes to Kate. So, we'll start with you, Vice -Chair Gay Mathews. MS. MATHEWS: Just getting even for me being a trouble -maker today—did you notice? On the other hand, if you go first, then everybody else hasso, I greatly appreciate your input. The rest of the people here have worked for the County forever and I was the lone ranger, as you can still tellI still, kind of, am. And I'm hoping we're going to be able to continue to work together on projects. MR. KUNZ: Kate, it has been very refreshing—and Gabe and I were talking earlier that you ask very interesting questions but, no, but they're very purposeful, meaningful, and impactful. `Cause I think that's why we have a diverse Board that some of the things—we look at everything with different eyes. Page 27 Merit Appeals Board February 23, 2024 But I can appreciate how muchI can remember timesI'm not going to go over them, but certain individuals up here that you would ask questions after we're all done and it's the kind of questions that—wow, that is that's a good point. And I thinkI love when I get to hear those things because and I get educated and then we all have a better understanding of what information we're trying to get at. But I, absolutely, appreciate the angle you come from, the education that you brought to us—and coming from the University as well. So, all the best. I really was hoping you could just stay on but I guess not. But thank you very, very much. It has meant a lot to me. Thank you. MS. TOKIHIRO: Sorry, can I just jump in—'cause I the letter doesn't get to come from me. And they don't include the Director and I don't I haven't had the opportunity to work with you for very long, but I do really appreciate your service and I appreciate having worked with you for this period of time. So, I wish you the best and I hope that we will see you as a volunteer, again, in another capacity for to help serve the community again. So, thank you. I have to excuse myself, but thank you all. CHR. CABANAS: You're welcome. Thank you, Sommer. MR. KUNZ: Thank you. CHR. CABANAS: J, I'll open the floor to you. MR. YOSHIMOTO: Oh, sure. Kate, yeah, it has been a pleasure. We all appreciate your contribution your independent thought process. Your willingness to ask the questions from, as you see it—based on your life experiences. And I think those are super, super valuable and I know they help you in your non -Board work as well. No—we appreciate you—and I'm sure we'll be seeing more of each other in different capacities. MR. KUNZ: And I hope we weren't a strain and thank you for tolerating us. CHR. CABANAS: Glynis, you can come up and say a few words. MS. YAMADA: Hey, Kate, like Charlie said, you did bring a very different, interesting—and it made sense, to our Board and I'll really miss that. And then, J, I'm not sure, can she reapply in two years—after two years? And maybe you can reapply after two years and join the Board again. `Cause every year from now, someone will term out—like, Gay will term out the end of this year, Charlie the following year, and then Gabriella the next. Page 28 Merit Appeals Board February 23, 2024 So, I hope you reapply after two years, `cause you're truly an asset, and thank you so much. MR. KUNZ: What a pitch. CHR. CABANAS: Yes, and two years go by really quickly. Okay, so it's my turn. I really say, Kate, I really enjoyed having you on the Board because you your approach was a humanistic approach not to say that we're not humanistic. But with your background you ask thought-provoking questions in a very compassionate way. And I thought that was really a special touch for the Board because, like, Charlie and Gay mentioned—we all have different backgrounds, different personalities. So, you really added that special touch to the Board. So, yes, apply so you can come back. `Cause I'll still be here—God willing—I'll still be here. And then, you're more experienced now with the Board, you've learned about the County, and how things work. So, yes, apply again. So, thank you so much. We love you. Thank you. MS. DE SOTO: Thank you, all. This is not the experience I thought it was going to be—in a good way. I think you all know I approach community service as—with good intentions. I do see the value in it and I love it. But I'm a busy working mom—it was like, "Hoo, how am I going to fit this in?" But I really appreciated the time. It has helped me grow—not just, I think, individually in terms of understanding more about this community and the functioning of the County—and, oh, my gosh, my value of the County has gone through the roof since being on this Board. `Cause I have never worked for the County, right. So, I really didn't know all of the pieces and see all of the work, right—and that is amazing. So, I really appreciate having the opportunity to see that, to witness it, to learn it, and to feel like I'm contributing in a way, right. And I think it's also helped me grow professionally because sitting in this type of role, going through these types of processes there's no way for it not to benefit, right—it really helped me, kind of, hone in on moments of like policy, moments of Roberts Rules because that is very relevant in my job. It actually really—we use it a lot at the University and I was not well -versed in it until I came here and got training from J. So, yeah this has been a great experience. I am, definitely, looking at other opportunities to continue to contribute. We'll see what that looks like. And I will keep that to your timeline and mine. CHR. CABANAS: Great! Thank you so much! MS. DE SOTO: Thank you. Page 29 Merit Appeals Board February 23, 2024 CHR. CABANAS: Do we have any other announcements? Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Tuesday, March 12, 2024, At 11:00 A.M. At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 CHR. CABANAS: If not, I'll move on to scheduling our next meeting date. It says, "The Merit Appeals Board will convene its next meeting on Tuesday, March 12, 2024"—and we have here at 11 a.m.at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. But I just got notified by Glynis that all Board members can now make it at 10 a.m. So, can I have a motion to amend the time to 10 a.m. instead of 11 a.m.? MS. MATHEWS: So, moved. CHR. CABANAS: Is there a second? MS. DE SOTO: Second. CHR. CABANAS: Thank you. Any discussion? Okay, if not, I'll start a rollcall vote to move the time for the March 12'h meeting to 10 a.m.starting with Ms. Gay 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 to move the time up to March—on March 12'h to 10 a.m. Adiournment (Item 11) CHR. CABANAS: And then, is there a motion to adjourn today's meeting? MS. DE SOTO: So moved. Page 30 Merit Appeals Board February 23, 2024 CHR. CABANAS: A second? MR. KUNZ: Second. CHR. CABANAS: 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. Motion carried with four ayes to adjourn today's meeting at 11:34 a.m. Thank you , everyone Respectfully submitted, ArlAL Glynis Yama , Secretary-Reporter APPROVED: jta-{A rc.uct) Gabriella M. Cabanas, Chair Merit Appeals Board Page 31