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HomeMy WebLinkAbout2024-04-25 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii April 25, 2024 (Thursday) 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 Acting Chair Gay Mathews, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Thursday, April 25, 2024. Roll Call — Present Ms. Gay Mathews, Acting Chair Ms. Suzi Bond, Member Mr. Charles Kunz, Member Mr. David A. Wiseman, Member Absent and Excused Ms. Gabriella M. Cabanas, Chair Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Richard Thomason, Deputy Attorney General, Office of the State Attorney General (via ZOOM) Mr. Ryan Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel Appellant, Member of the Public Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board Call to Order (Item 1) April 25, 2024 ACTING CHR. MATHEWS: Good morning, everyone. My name is Gay Mathews and I am the Acting Chair this morning. Our Chair is not available today and is excused. So, we will start with calling the meeting to order at 10:00. We are meeting this is the Merit Appeals Board, meeting at 101 (sic.) Aupuni Street, Suite 2, in Hilo, Hawaii. And I would like to welcome in our Board members. Mr. Wiseman. MR. WISEMAN: Thank you—here. ACTING CHR. MATHEWS: Mr. Kunz. MR. KUNZ: Good morning. ACTING CHR. MATHEWS: Ms. Bond. MS. BOND: Hello. ACTING CHR. MATHEWS: And our Corp. Counsel, J Yoshi MR. YOSHIMOTO: Good morning, everybody. ACTING CHR. MATHEWS: And I believe we have Richard Thomason, our Deputy Attorney General. And also in the room is Ryan Thomas— MR. THOMASON: Hi, everybody. ACTING CHR. MATHEWS: And Glynis—and Dean Fukuchi. Okay. So, are we ready to proceed? Statements from the Public (Item 3) ACTING CHR. MATHEWS: First order of business isis there any oral testimony? Addendum to Agenda (Item 2) ACTING CHR. MATHEWS: Or are there any addendums to the agenda? Hearing none, we will move on to the hearing—Communication number 24-02. MR. WISEMAN: Gay, I suggest you mention the caption of the appeal. MR. YOSHIMOTO: Yeah, read it into the record. Page 2 Merit Appeals Board April 25, 2024 ACTING CHR. MATHEWS: Which MR. YOSHIMOTO: Read all of this. MR. WISEMAN: Yeah. ACTING CHR. MATHEWS: The entire thing? MR. YOSHIMOTO: Yeah. ACTING CHR. MATHEWS: Okay. 10:00 a.m. Hearing Re Communication No. 24-02. Note: The Hearing Concerns The Preliminary Issue Of Whether The Board Has Jurisdiction To Hear The Appeal, Under Section 76-14, Hawaii Revised Statutes. If It Is Determined That The Board Has Jurisdiction, The Hearing Will Continue Concerning The Merits Of The Appeal: 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); And Communication No. 24-02.01, Received On March 20, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Ryan K Thomas; Exhibits "1" - 64 911 ; Certificate Of Service; And Communication No. 24-02.02, Received On March 20, 2024, Regarding Appellee's Witness List; Certificate Of Service; And Communication No. 24- 02.03, Received On March 20, 2024, Regarding Appellee's Exhibit List; Certificate Of Service; And Communication No. 24-02.04, Received On April 8, 2024, Regarding Appellant's Opposition To Motion To Dismiss For Lack Of Jurisdiction (Executive Session The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And 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 Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) MR. WISEMAN: And Madam Chair, excuse me—we are proceeding on the motion to dismiss by the government, is that right? ACTING CHR. MATHEWS: Yes. MR. WISEMAN: Thank you. ACTING CHR. MATHEWS: So, would each of the the Appellant and the Appellee please introduce themselves? Page 3 Merit Appeals Board April 25, 2024 (At this time, Mr. Ryan Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel; and the Appellant, came forward.) APPELLANT: (Inaudible.) ACTING CHR. MATHEWS: You need to push the button in front of you, that—the one has the—and then the light will come on. APPELLANT: Oh, on the bottom—sorry. ACTING CHR. MATHEWS: Sorry. APPELLANT: Yeah, my name isI'm the Appellant. ACTING CHR. MATHEWS: Thank you. MR. THOMAS: Good morning, Ryan Thomas, for Appellee'sCounty of Hawaii. Thanks. ACTING CHR. MATHEWS: And Mr. Thomason. MR. THOMASON: Yes. ACTING CHR. MATHEWS: Would you care to introduce yourself? MR. THOMASON: Hi, everybody. This is my first time here. I came from the Civil Service Commission, representing them—and got a change of venue for me. ACTING CHR. MATHEWS: Thank you. Okay. Does the Appellant want an open or closed hearing? APPELLANT: I elected for close because I do not think this needs to go beyond the members within this area. ACTING CHR. MATHEWS: Thank you. APPELLANT: I think publicly that's okay. ACTING CHR. MATHEWS: So, we're taking a moment to clear the room of the other (inaudible). (At this time, Mr. Yoshimoto exited the meeting room.) ACTING CHR. MATHEWS: Glynis, are we secure? Okay. Page 4 Merit Appeals Board April 25, 2024 (At this time, Ms. Yamada conferred with the Office of the County Clerk's staff to confirm that only Mr. Thomason is allowed in the meeting room via Zoom.) CONVENE: The closed hearing convened at 10:07 a.m. RECONVENE: At 11:22 a.m. the meeting reconvened in regular session. 10:00 a.m. Hearing Re Communication No. 24-02. Note: The Hearing Concerns The Preliminary Issue Of Whether The Board Has Jurisdiction To Hear The Appeal, Under Section 76-14, Hawaii Revised Statutes. If It Is Determined That The Board Has Jurisdiction, The Hearing Will Continue Concerning The Merits Of The Appeal: 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); And Communication No. 24-02.01, Received On March 20, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction; Memorandum In Support Of Motion; Declaration Of Ryan K Thomas; Exhibits "1" - 64 911 ; Certificate Of Service; And Communication No. 24-02.02, Received On March 20, 2024, Regarding Appellee's Witness List; Certificate Of Service; And Communication No. 24- 02.03, Received On March 20, 2024, Regarding Appellee's Exhibit List; Certificate Of Service; And Communication No. 24-02.04, Received On April 8, 2024, Regarding Appellant's Opposition To Motion To Dismiss For Lack Of Jurisdiction (Executive Session The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And 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 Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) ACTING CHR. MATHEWS: Okay. So we are back in session at 11:22-ish. I need a motion to continue. MR. KUNZ: So moved. ACTING CHR. MATHEWS: Oh, I'm sorry—continuing—resuming—no—just straight to this. Okay. So, I need a motion to concur with the recommendations set forth in executive and closed sessions concerning Communication number 24-02 and related communications. MR. KUNZ: So moved. ACTING CHR. MATHEWS: I need a second? MS. BOND: I'll second. Page 5 Merit Appeals Board April 25, 2024 ACTING CHR. MATHEWS: Okay, any discussion? Hearing none—are you—did you have something you wish to say, Ms. Bond? You have your mic. onI'm just checking. MS. BOND: No, not on—let's finish voting on the motion. Well, no, I guess it is part of the discussion is that in—somewhere in the near future, we should then I'll bring this up later. ACTING CHR. MATHEWS: Okay. So, hearing no further discussion, I'm calling for the vote. Mr. Wiseman. MR. WISEMAN: Aye. ACTING CHR. MATHEWS: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. MATHEWS: Ms. Bond. MS. BOND: Aye. ACTING CHR. MATHEWS: Ms. Mathews—aye. Approval of Minutes (Item 4) March 12, 2024 ACTING CHR. MATHEWS: So, now we are on "Approval of Minutes"—is that correct? Anybody object toso, did everybody have a chance to read the minutes of March 12'', and if so—I'll entertain a motion to accept. MR. KUNZ: So moved. MR. WISEMAN: I wasn't here so ACTING CHR. MATHEWS: Oh, goody. MS. BOND: Yeah, I wasn't here either. MR. KUNZ: Maybe postpone then? I withdraw the motion to approve the minutes. ACTING CHR. MATHEWS: Thank you, Mr. Kunz. All right, we have no "Communications"—Item number 5. Oh, I need to postpone it. All right, the approval of the minutes is postponed until our MR. KUNZ: Motion to postpone the minutes until the next MAB meeting. Page 6 Merit Appeals Board MR. WISEMAN: (Inaudible.) April 25, 2024 ACTING CHR. MATHEWS: Okay. So, Mr. Wiseman, your microphone wasn't on. Mr. Kunz made the motion, I just need a second. MR. WISEMAN: Okay. ACTING CHR. MATHEWS: Is that a second? MR. WISEMAN: Second. Yes. ACTING CHR. MATHEWS: Oh, good. Okay. Calling for the vote, if there's no further discussion. Mr. Wiseman. MR. WISEMAN: Aye. ACTING CHR. MATHEWS: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. MATHEWS: Ms. Bond. MS. BOND: Aye. ACTING CHR. MATHEWS: Mathews—aye. Communications (Item 5) ACTING CHR. MATHEWS: So, moving on. We have no "Communications" requiring any action. New Business (Item 6) ACTING CHR. MATHEWS: Number 6, "New Business" to the best of my knowledge, we have no discussion or appropriate action for any new business. Page 7 Merit Appeals Board Unfinished Business (Item 7) April 25, 2024 A) Discussion Concerning The Appeal Process And Providing A Fact Sheet For Individuals Who File An Appeal (Note: The Above Matter Was Listed On The October 25 And December 21, 2023, And February 23, And March 12, 2024, Merit Appeals Board Agendas) ACTING CHR. MATHEWS: Number 7, "Unfinished Business." I would like a motion that we move that to the next meeting. MR. KUNZ: So moved. MR. WISEMAN: Second. ACTING CHR. MATHEWS: We're talking about "7A"—what we're doing is we have a motion to take this issue up at the next meeting because Ms. Cabanas' insight would be very valuable in doing that. Okay. MR. WISEMAN: Yeah, I second. ACTING CHR. MATHEWS: I think he seconded it. MR. WISEMAN: I did. ACTING CHR. MATHEWS: Okay. All right, calling for the approval of the motion, as stated. Mr. Wiseman. MR. WISEMAN: Aye. ACTING CHR. MATHEWS: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. MATHEWS: Ms. Bond. MS. BOND: Aye. ACTING CHR. MATHEWS: Mathews—aye. Page 8 Merit Appeals Board April 25, 2024 B) FY 2023-2024 Annual Performance Evaluation Of The Director Of Human Resources (HR) Process; And FY 2023-2024 Human Resources Employee Survey: Proposed Timeline To Distribute Surveys And Deadline For Responses, SurveyMonkey Questions For FY 2023-2024 (Line Department Survey), SurveyMonkey Questions For FY 2023-2024 (Employee Survey) Merit Appeals Board's Evaluation Tool For The Director Of HR For FY 2023-2024, Define Target Audience/Survey Participants (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), To Consider The Hire, Evaluation, Dismissal, Or Discipline Of An Officer Or Employee Of The County Of Hawaii, Where Considerations Of Matters Affecting Privacy Will Be Involved And 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 Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting ACTING CHR. MATHEWS: So "7B" is unfinished under "Unfinished Business." Again, I would entertain a motion that we defer this until our next meeting. MR. WISEMAN: So moved. MR. KUNZ: Second. ACTING CHR. MATHEWS: Okay, we have a motion by Mr. Wiseman and a second by Mr. Kunz. Any discussion? Hearing none, Mr. Wiseman, how do you vote? MR. WISEMAN: Aye. ACTING CHR. MATHEWS: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. MATHEWS: Ms. Bond. MS. BOND: Aye. ACTING CHR. MATHEWS: Mathews—aye. Director's Report (Item 8) MAB Quarterly Reports: January – March 2024; And MAB Monthly Divisional Activity Report: April 2024 ACTING CHR. MATHEWS: Okay, I will entertain a motion to also defer the "Director's Report" to the next meeting, rather than call her at the moment. Page 9 Merit Appeals Board MR. KUNZ: So moved. MR. WISEMAN: Second. April 25, 2024 ACTING CHR. MATHEWS: Okay. We have a motion by Mr. Kunz and a second by Mr. Wiseman to postpone the Director's Report also. Any discussion? Hearing none, Mr. Wiseman how do you vote? MR. WISEMAN: Aye. ACTING CHR. MATHEWS: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. MATHEWS: Ms. Bond. MS. BOND: Aye. ACTING CHR. MATHEWS: Mathews—aye. Announcements (Item 9) ACTING CHR. MATHEWS: So, under "Announcements"—our next meeting date is Friday, May 3rd, and it's at 8:30 in the morning. Some of you would probably prefer doing this by Zoom. Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Friday, May 24, 2024, At 10:00 A.M. At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 ACTING CHR. MATHEWS: And then, we will also have another meeting in Mayon May 24d', which is Friday, here at the Hilo Council Chambers at 10 a.m. Okay, the May 3rd meeting is—will be here, also, in the Hilo Council Chambers and by Zoom. Is there anything else to come before this group? Adiournment (Item 11) MR. WISEMAN: I move to adjourn. ACTING CHR. MATHEWS: Thank you. Do I have a second for the adjournment? Page 10 Merit Appeals Board April 25, 2024 MS. BOND: Second. ACTING CHR. MATHEWS: Okay, any discussion, hearing none—all in favor, Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. MATHEWS: Mr. Wiseman. MR. WISEMAN: Aye. ACTING CHR. MATHEWS: Ms. Bond. MS. BOND: Aye. ACTING CHR. MATHEWS: Ms. Mathews—aye. Thank you, everybody. Over and out. (The meeting adjourned at 11:29 a.m.) Respectfully submitted, k Glynis Yamada, Secretary-Reporter APPROVED: / � err G athews, Acting Chair -rit Appeals Board Page 11