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HomeMy WebLinkAboutMerit Appeals Board Information Sheet for Appeal Hearing Process c. K-ivu.o Alameda, •.OJNjY OF NQ�•••, ciabriella M. cabanas Manor °•'• 9% '. Chair ritha wiLCiavx v. gwte,/r. % :=.��•��-__=;�� suzi goad Mavi.aging Director vice-Chair ••'rgTf OF•H P'r'P ' Merrick Nishivuoto Depute Mavta91,14g Director County of Hawai'i Merit Appeals Board Aupuo,i Center * 101 Pauahi street,suite 2 * Milo, Itawai'i96j 20 (808)91-8361 * Fax (808)961-8617 Aloha, Subject: Information Sheet for Appeal Hearing Process Please find attached the Merit Appeals Board (MAB) "Information Sheet for Appeal Hearing Process'." This informational sheet provides an overall summary of what an appeal hearing may involve. It is important that you refer to the footnote located on the bottom of page 1 which states, "'This is a general outline and is provided for informational purposes only and is not to be construed as legal advice. There are circumstances that may give rise to deviations by the MAB from parts of this outline, such as motions, continuances, or the need to take matters under advisement." Sincerely, ea &r4c — Gabriella M. Cabanas, Chair Merit Appeals Board GMC/gy Attachment ciilbertJ.i�guinaldo,Aaniel"Niel"Thomas, Members f tawai'i Countu is an Ecti,cal opportuvattj Provider and Etin.ploer. COUNTY OF HAWAII MERIT APPEALS BOARD INFORMATION SHEET FOR APPEAL HEARING PROCESS' APPEAL FILED/PROCESS PRIOR TO HEARING • When the Merit Appeals Board (MAB) receives your appeal, MAB will notify you, the Appellant, and the County, by mailing you a letter within seven business days. In that letter, it will: o A. Acknowledge the receipt of your appeal. o B. Notify you of the date of MAB's next meeting during which the following will be scheduled: • Your future appeal hearing date. • The time of the hearing. • The location of the hearing. Note: There will be no discussion on the merits of your appeal at this first meeting. • After the first MAB meeting, MAB's Secretary-Reporter will mail you and the County a notice of your hearing date, time, location, as well as deadline dates you need to meet for submitting your correspondence which includes any motions, memoranda, witness lists, exhibit lists, and any additional correspondence. These deadlines are the same dates for the County's attorney(s) to submit their documents. • All submissions go to MAB's Secretary-Reporter at Department of Human Resources, 101 Pauahi Street, Suite 2, Hilo, Hawaii, 96720, and must include your original and 8 copies of all documents. An additional copy of submissions must be mailed to the County's attorney(s) at Office of the Corporation Counsel, 101 Aupuni Street, Suite 325, Hilo, Hawaii, 96720. 1 This is a general outline and is provided for informational purposes only and is not to be construed as legal advice. There are circumstances that may give rise to deviations by the MAB from parts of this outline, such as motions, continuances, or the need to take matters under advisement. Effective: May 24, 2024, by the Merit Appeals Board Page 1 of 3 AT THE APPEAL HEARING • Introduction of you, the Appellant, MAB Members, the Deputy Attorney General, the County's attorney(s), and assigned staff. • You will be asked if you want the hearing to be open to the public or closed. • Identification of your issue and your requested remedy. • MAB determines jurisdiction over the matter. • If witnesses are used, the opposing parties will be allowed to cross-examine each witness. MAB members may also question the witness after the person's testimony. Witnesses will remain out of the room until they are called to testify. • MAB may go into executive session at any time during the hearing. • Both parties are allowed to make a brief opening statement if you wish but you are not required to do so. NOTE: An opening statement limited to three-minutes is used to present a broad overview of what the parties complaint is about. It is not an opportunity for a party to make arguments or to provide testimony. • You present your case, which may include calling witnesses and submitting exhibits (you will number each of your exhibits). The County's attorney(s) may then cross-examine your witness(es). (Each witness is sworn in prior to questioning/testifying.) • After you have completed your case presentation, you may rest your case. Note: To rest one's case means the party no longer has further witnesses to call or evidence to submit. • The County then presents their case, which includes calling witnesses and submitting exhibits (they will alphabetize each of their exhibits). You will be given an opportunity to cross-examine each witness. (Each witness is sworn in prior to questioning/testifying.) • The County rests their case. • You will then have the opportunity to present any rebuttal witnesses and exhibits, if you wish. • The County presents rebuttal witnesses and exhibits, if any. • You will then present a closing argument, if you wish. Page 2 of 3 • County presents closing argument. County may waive making a closing argument. • You have a final opportunity to provide a rebuttal argument. HEARING CLOSURE • MAB enters into its deliberations in an executive meeting. An executive meeting is one that is closed to the public. • MAB announces its decision in open meeting. An open meeting is open to the public. • A written decision and order ("Findings of Fact, Conclusions of Law") will be mailed later to you and the County. Page 3 of 3