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HomeMy WebLinkAbout2024-05-03 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii May 3, 2024 (Friday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 8:30 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, May 3, 2024. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair Ms. Suzi Bond, Member Mr. David A. Wiseman, Member (via ZOOM) Absent and Excused Mr. Charles Kunz, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Sommer J. Tokihiro, Director, Human Resources Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department The members of the Merit Appeals Board will attend this meeting in-person and via ZOOM at the Hilo Council Chambers. The meeting shall be automatically recessed for up to thirty (30) minutes to restore communication when audiovisual communication cannot be maintained with all members participating in the meeting and with the in-person location identified in this agenda. The meeting may reconvene when either audiovisual communication is restored, or audio -only communication is established after an unsuccessful attempt to restore audiovisual communication. If it is not possible to reconvene the meeting as provided in this section within thirty (30) minutes after an interruption to communication, the meeting shall be automatically terminated. Merit Appeals Board Call to Order (Item 1) May 3, 2024 CHR. CABANAS: Good morning, everyone. I'm Gabriella Cabanas, Chair of the Merit Appeals Board, calling our regular meeting of the Merit Appeals Board to order at 8:30 a.m. on May 3rd, 2024. We are seated at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Along with me in the Hilo Council Chambers are Ms. Gay Mathews, our Vice -Chair. MS. MATHEWS: Good morning. CHR. CABANAS: Good morning. And Suzi Bond, Board member. MS. BOND: Good morning. CHR. CABANAS: Good morning, Suzi. And coming in from Kailua-Kona via Zoom is Mr. David Wiseman. MR. WISEMAN: Good morning. CHR. CABANAS: Good morning, David. And here with us, also, in the Hilo Council Chambers are Mr. J Yoshimoto, our Assistant Corporation Counsel. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: Good morning. And our Secretary -Reporter, Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Good morning. And our Director of Human Resources, Ms. Sommer Tokihiro. MS. TOKIHIRO: Good morning. CHR. CABANAS: Good morning. So, we have quorum today—although Mr. Charles Kunz is absent and excused from today's meeting. Addendum to Agenda (Item 2) CHR. CABANAS: According to our Secretary -Reporter, there's no addendum to the agenda. Statements from the Public (Item 3) CHR. CABANAS: And we do not have any "Statements from the Public" either. Page 2 Merit Appeals Board Approval of Minutes (Item 4) March 12, 2024 (Postponed on April 25, 2024) May 3, 2024 CHR. CABANAS: We are now on Number 4, "Approval of Minutes" but I understand from our Secretary -Reporter that the March 12, 2024, meeting minutes were postponed on April 25h , 2024. This is the meeting that I was absent and excused from. However, Ms. Yamada reports that we do not have quorum for the vote on these meeting minutes because Ms. Bond was not on board yet—Mr. Wiseman was absent and excused from the meeting. So, we do not have quorum to vote on approval of the meeting minutes. So, I'm going to, with Board approval I'm going to postpone this to the next meeting. So, may I have a motion to postpone the approval of the meeting minutes for March 12'', 2024. MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MR. WISEMAN: 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. Suzi Bond. MS. BOND: Aye. CHR. CABANAS: Mr. David Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: And Ms. Cabanas—aye. Four ayes—motion carried. Communications (Item 5) CHR. CABANAS: On Number 5 on the agenda, "Communications" we do not have any. Page 3 Merit Appeals Board May 3, 2024 New Business (Item 6) CHR. CABANAS: And we do not have any "New Business" either. So, we are now on "Unfinished Business." So, for the unfinished business, we have two parts 7A and 7B. Sommer, do you want us to—do you want the Board to take your annual performance evaluation discussion out of order? And, of course, it would need Board approval but—are you okay with that? Oh, you meant the "Director's Report"—okay. Okay, so let me retract that. Well, we can take certain things from the agenda out of order. Since Ms. Tokihiro is waiting here, is it okay for the—with the Board for Ms. Tokihiro to provide her "Director's Report" at this time? And then, we'll go back to Number 7 on the agenda. MS. MATHEWS: Do you need a motion for that? CHR. CABANAS: Yes, I need a motion. MS. MATHEWS: So moved. CHR. CABANAS: A second? MS. BOND: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried for the Board to hear the director's report out of order. Page 4 Merit Appeals Board Director's Report (Item 8) May 3, 2024 MAB Quarterly Reports: January — March 2024; And MAB Monthly Divisional Activity Report: April 2024 (Note: At Its Meeting Held On April 25, 2024, The Board Postponed The Above Matters To Their Next Meeting) CHR. CABANAS: And, at this time, Ms. Tokihiro is at the dais—and welcome, Sommer. (At this time, Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) MS. TOKIHIRO: Good morning. Thank you. CHR. CABANAS: Yeah, so you have the floor. You may provide your report. MAB Quarterly Reports: January — March 2024 CHR. CABANAS: The first one is on MAB's Quarterly Reports, January to March 2024. And, Board members, have you had the chance to review the quarterly report for this period? Okay, everybody's nodding their head. MR. WISEMAN: Yes. CHR. CABANAS: Any questions for Ms. Tokihiro? MR. WISEMAN: I have a question, Chair. CHR. CABANAS: Okay, please proceed, Mr. Wiseman. MR. WISEMAN: Yeah. I was looking at the equipment property damage reports and there's a substantial decrease to the 2024. Is thatoh, I'm sorry, `cause that's—it's still not over yet, is that right? CHR. CABANAS: Correct, that's for the First Quarter—January through March. MR. WISEMAN: I see. Okay. Disregard then. CHR. CABANAS: Okay. Anyone else with questions? MS. BOND: This is January through March the Third Quarter in the fiscal year here? Or are we—does it go by calendar year? CHR. CABANAS: Yeah, this is for calendar year. Yeah. But yesI know, yeah, so this is for calendar year. Page 5 Merit Appeals Board MS. BOND: (Inaudible.) May 3, 2024 CHR. CABANAS: No problem. It's a good question. Yeah, this is quarter this is for the calendar year. Okay, any other questions—anyone? If not—I'm just looking at the Recruitment and Examination statistics. Sommer, you know on the written examsI know I keep on bringing it up. But, has there been discussion among the division, within the division, about this temporarily suspending of written exams? `Cause to me, that, in my opinion, based on my work experience with the department—you're on quicksand by saying "temporarily suspended"—and I keep on seeing it. So, has there been discussion there? MS. TOKIHIRO: So yes. So, the Exam Plans have been updated for every position. There are some positions where written examinations were administered but the Examination Plan has been changed for a variety of reasons to now be the "Experience and Education Exam." So, the written exam for certain positions isn't being conducted now. But the Exam Plan has been updated to—for the applications are being reviewed for education and experience. CHR. CABANAS: Okay. So, for future reports, can that reflect that written exams are in accordance with amendments to the Exam Plan? MS. TOKIHIRO: Yeah, we can change the documentation. I think that it's because written examinations were part of the stated objectives that we're trying to target—that's why it's addressed that way. But I will, definitely, make sure that the wording is amended to reflect that. It's not that we don't have an Examination Plan, it's just that the nature of the examination has changed. CHR. CABANAS: Okay. Thank you. MAB Monthly Divisional Activity Report: April 2024 CHR. CABANAS: Okay, moving along to the "MAB Monthly Divisional Activity Report" Board members, have you had the chance to review the divisional activity report? This is for the Month of April 2024. Mr. Wiseman, do you have any questions or comments about the report? MR. WISEMAN: No, I don't. I've reviewed it and I don't have any concerns. CHR. CABANAS: Okay, thank you. Ms. Mathews—none? Ms. Bond, do you have any questions for the director? MR. WISEMAN: Iexcuse me, I have one question. Page 6 Merit Appeals Board CHR. CABANAS: Okay, go ahead. May 3, 2024 MR. WISEMAN: Yeah. How many people involved in the Recruitment and Examination Division. MS. TOKIHIRO: I'm going to have to count them on my fingersMichelle, Stacie, and Siani, Kirsten, Meganoh, and Jen. So, that would be six. CHR. CABANAS: Six. MR. WISEMAN: And do you feel that it's moving along at a good pace, `cause I was looking at the you started with 50 continuous recruitments—and I understand is a complicated process that it goes through before it's closed. But are youDirector, are you satisfied with the pace of the process? MS. TOKIHIRO: I am. So, the division is actually fully staffed now, which is great. And we're very grateful in HR to be almost completely fully staffed. I think I have two vacancies right now. But with continuous recruitments being open, they remain open until we have at least five or more applicant names to refer to a department. So, that would be applicants who qualified for the opening. So, unfortunately, these continuous recruitments are hard to fill positions. And so, we haven't gotten the number of applicants that is needed to provide the department with enough applicants for consideration. So, on continuous recruitmentoh, I'm sorry. MR. WISEMAN: Yeah, so give me a brief definition of what a "continuous recruitment" is? In other words, it's my understanding the person applied—right. And the departments look at all has it been approved by your division or MS. TOKIHIRO: Yes. So, a continuous recruitment is one that started out as an open competitive recruitment. So, an open competitive recruitment is a 10 -day recruitment. If, at the end of the 10 days, there isn't a sufficient pool of qualified applicants, which we define as "5 or more" then the recruitment is converted to "continuous." MR. WISEMAN: Oh, I see. MS. TOKIHIRO: With discussion with the department—because sometimes at the end of an open competitive recruitment, if you don't have a sufficient applicant pool, there's other avenues open to the department. They could request to hire above the minimum, they could reallocate the position down for recruitment purposes—so we work with the department to see if they want to convert it to a continuous recruitment. Page 7 Merit Appeals Board May 3, 2024 A "continuous recruitment" means that the recruitment just stays open, so that more applications can be submitted, and received, and screened for the position. When a recruitment is on continuous, as qualified applicants are identified, their names are immediately referred to the department for action. So, once the applicants—or the applications are screened by our Recruitment and Examination DivisionHR's ability to, kind of, control what happens with that list—is out of our hands. That becomes something that the department needs to move on. MR. WISEMAN: I see. MS. TOKIHIRO: But we'll continue to refer names as we receive qualified applicants until the position is filled or until we've referred a sufficient pool and the department needs to take action. So, it can be that on some continuous recruitments, we may be referring a couple of names a month. The department may be interviewing, for whatever reason, not making a selection. So, the recruitment would stay on continuous. But we are evaluating continuous recruitments because if there've been multiple, eligible applicants referred—and the department hasn't taken any action—we're going to close that continuous recruitment so that the department will take action with the list of applicants that they have. MR. WISEMAN: Thank you. It sounds complicated but I have an understanding now. So, thank you. MS. BOND: It just seems to me to be unfair to the people who apply at the beginning that now two, three, four, five, six months down the road—they still don't—there's no judgement made. Are they immediately told, after they've been referred, that, "No, you're no good" or "We don't want you"—or do they have to sit and wait for eight months to find out that they don't get this job. MS. TOKIHIRO: So, again, the part that I can adjust is the part that happens in Human Resources. So, when we receive the application, it's screened—our application screening is occurring within 30 days because we're fully staffed. And so, we're able to screen the applications quickly. Once the application is screened, the applicant receives a letter either confirming that they met the qualifications and their name is being forwarded to the department—or if there's some issue where they don't qualify for the position, they're provided that feedback as far as what is needed or what is lacking in documentation on the application to help us to certify their qualifications. And then, they can follow-up with us to provide more information. After the list is sent to the department, we always encourage our departments to act on the list as soon as possible by scheduling interviews. No notification from the department should come that an applicant—they're not interested in an applicant unless the interview has occurred— Page 8 Merit Appeals Board May 3, 2024 unless, for some reason, the department decides to cancel the recruitment—say, if they're going to evaluate a different way to try and fill the position. So, they know departments will try and make sure that they have—if they're going to conduct interviews that they're conducting interviews for several applicants as opposed to just one at a time. But I can't really speak to the individual department process once HR provides the eligible list. MS. MATHEWS: So, continuing on that vein—excuse me. Does your system have the ability to track an applicant from the beginning to, sort of, the buckets—the—all the way down, so that—because I think what Ms. Bond is referring to isout in the community, at least, there's a belief that it takes forever to get a position. It would be really nice, from the position of the Merit Appeals Board, to be able to say, "Yeah, but it wasn't HR" MS. TOKIHIRO: Yes. MS. MATHEWS: They had it for 20 days and they hired at the end of that and the person was there or all this other stuff happened in the middle. Is that easy to track without any personal information? So, we're just after raw numbers—how long did it take to go through the system. MS. TOKIHIRO: Yeah. So, generally, we have a report that summarizes time to hire. And it actually, kind of, color codes it so that you can see where the time is spent at the various steps that takes longer. We do need to do a little bit more—we need to have a little bit more discussion with NeoGov as far as the definition for some of the categories because it's not just "HR Department". But you can but it does map it out so that you can see where, I guess, it left HR—and then what happens through the rest of the process. MS. MATHEWS: And how difficult would it be for us to get that report? Because I realize you're going to have to delete any personal data. MS. TOKIHIRO: It will—yeah, we can do it in a summary fashion. So, I can work with our Recruitment team to provide that report for the next meeting. MS. MATHEWS: Thank you. MS. TOKIHIRO: You're welcome. Yeah, so I believe the last time that we evaluated time to hire, the—it was—it's about four months. And I realize yes, that's forever. I mean, I recall when I applied for County positions and it does—it's a lengthy process. But it is divided between or broken up between what happens in HR and then what happens in the department. And everything from the eligible list being referred to the department Page 9 Merit Appeals Board May 3, 2024 everything from that point forward—start dates, onboarding—all that is at the department level. We—HR is no longer involved in that process. CHR. CABANAS: Let me interject because I, kind of, sense what my fellow Board members are asking of you. And, yes, NeoGov does track different components for the hiring process. Now, I believe—and correct me if I'm wrong but the departments are allowed how many days to make the selection once a referral is made? Is it still 90 -days? `Cause it was 90 -days, which is three months, I believe—has it changed? MS. TOKIHIRO: I think the eligible lists are they're good for 90-days—yes. CHR. CABANAS: Unless the department MS. TOKIHIRO: Request an extension. CHR. CABANAS: needs more time and then, formally—right they would submit written justification to you, the Director, requesting an extension of the 90 -day process. Correct? MS. TOKIHIRO: Correct. CHR. CABANAS: Okay. I just, kind of, outlining it so that they have that basis. But what I'm, kind of, hearing from Ms. Bond and—well, all three other Board members—is once the referral is made yes, NeoGov will reflect that. And on the department side, the department is supposed to—in the old HC which is the online Hiring Center side, right—document for each applicant what's transpired. However, during that whole process, you have staff assigned the staff member who made the who's responsible for that recruitment, makes—screens the applications, conducts the E&E if there's one—which is an assessment—or there's a written exam, scores the written exam results, places the persons on the eligible list, and then makes the referral. That staff member, right, is responsible to monitor all of that. Correct? MS. TOKIHIRO: Yes. And they do remind departments when their—when the eligible applicants are getting—when the list is going to expire to remind them to take action. CHR. CABANAS: Okay. That's what I wanted to hear because it's not only tracking them in the system but it's the interaction with the staff member and the HR person of that respective department—to say, "Hey, what's going on. I see no action being documented" or "Hey, what's taking you so long, are you having any problems" or "Hey, are you close to hiring. If you are close to hiring, we'll close this continuous recruitment"—in other words, they have to bird-dog and be responsible for the certification once it's made, to make sure that applicants are not being just hanging and waiting to hear from the respective hiring department. I think that's what your the Board members are hearing. And correct me if I'm wrong Page 10 Merit Appeals Board May 3, 2024 MS. BOND: It seems that we lose a lot of people that are totally qualified for jobs to go out and get other jobs `cause they can't sit around for 90 -days and wait for a job. MS. TOKIHIRO: I—yeah. MS. BOND: If they're applying for a job, they kind of need the job. MS. TOKIHIRO: And that's why we encourage departments, when they put in the RTF the Request to Fill the position, which is what initiates that recruitment process that they already have interview questions ready, that they know who is going to be on their interview panel. So that at the end of that 10 -day period, if the staff in our office is screening all those applications within 30 -days, they should be ready to interview as soon as they get the list. And it's because also yes, we don't want to miss out on qualified applicants who need a job and are actively looking for jobs in the greater labor market as well. But, also, because we have multiple departments with the same type of vacancy—so a list of qualified applicants—say, for Accountant Iis going to be referred to, not just one department, it's being referred to several departments. So, just wanting to make sure that, as quickly as possible, departments can move on these list of qualified candidates. MS. BOND: Because if a per—if some—if they need an emergency hire, that happens within a week or two. But then, if it's a permanent position, it takes 3 to 4 months. It just seems like there's a disconnect there. It is possible to hire people quickly if you need to but it's but a disconnect goes, "Oh, well, let" now it's the departments problem. There's got to be a quicker way to get this done. MS. TOKIHIRO: Yes, I do agree. CHR. CABANAS: And so, that goes back to even yourI'm going to go back to the other report that was provided to the BoardI mean, let me just get my bearings here because I did look at that—let me see. Okay, for Recruitment and Exam on the Quarterly MAB Report—if you look at the period for January to March yeah. If you look at that column, "Temporary Appointments Outside of the List"—for January through March 2024, there were 11. That means that they needed to hire somebody temporarily probably while establishing an eligible list. So, there were 11 new hires for the first quarter of this year. And then it shows the other quarters—October-December was 5; July -September was 4; April through June 2023 was 7; and then January through March 2023 was 10. So, if eligible lists are Page 11 Merit Appeals Board May 3, 2024 in existence that shouldn't be occurring. You shouldn't be having no Temporary Appointments Outside of a List—that's what Ms. Bond is, kind of, like, referring to. MS. TOKIHIRO: Yes. CHR. CABANAS: And that's why I wanted to point out the significance of that. But there are times that we the department will not have a list—and the department needs to hire someone temporarily—and that's where that kicks in. Of course, the person still needs to meet the minimum qualification requirements, right? MS. TOKIHIRO: Correct. CHR. CABANAS: Yeah. You know what really concerns me, Sommer, is that there's so—still so many vacancies and I know it becomes a team effort, not only from HR, but from the respective hiring departments—so it becomes like a racea relay race. You pass the baton to them, they should be able to grab it and go with it and pass it to the next person, et cetera—and run it until you get a hire. The thing what really concerns me not only making applicants wait—but what are the departments doing with all these vacancies. How are the work—how's the work getting done? Are people being TA'd, are they doing more, are they working out of class—and that's really, like, a big no -no for—in an HR world—working out of a classification. If they're getting Tif they're doing TA, they're getting compensated for—they're getting recognized for the work being performed. Or is the work not being performed because you have so many vacancies yet. How do you address that? And are you, at this point? MS. TOKIHIRO: So, the needs—departmental operational needs are being met in a variety of ways. So, it is a combination of TA. We have had a lot of requests for reallocations and audits to determine if employees are working out of class. I think that, in general, there's a lot of concern that employees are being overworked because we're short-staffed, as isas are a lot of businesses just in the general labor market. I mean, this staffing issue is something that the County faces but it's also something that is happening throughout the State and throughout the Country. So, it's having to be creative and work together to try and meet those needs. Recruitment and Examination has gone into the departments to let them know and to talk about their openings and to address other alternatives, like, reallocating down to a lower level for recruitment purposes, so that training can be provided, and then reallocate up to the permanent class. So, we actually have a lot of that as well, `cause it's difficult to find qualified applicants at the permanent class of work. So, the positions are temporarily reallocated down and then through training, then they're able to be reallocated back up to the permanent class. Page 12 Merit Appeals Board May 3, 2024 So, we're investigating. We did a trial of advertising through Zip Recruiter. We're going to expand that to other agencies. We're looking at Indeed and LinkedInlooking at professional associations that we can advertise openings on social media putting the information out there. But, yeah, it's definitely been a very challenging period. We've seen more requests for evaluation of reorganizations that—even within the departments because I think that people have had—or departments have had to reassess their operations and their operational needs, and figure out if there's a way that things could be distributed differently to meet those needs. So, the recruitment challenges and the number of vacancies that we have, has kind of resulted in some creative solutions as well. And so, while there are 53—and that's a lot -1, definitely, would like that number to be much lower. I do recall a period of time and I believe last year when open continuous recruitments were up close to 70. So, we're making progress but it is difficult to fill. CHR. CABANAS: So, Sommer, I'm looking at—I'm going back to the MAB Divisional Activity Report for Aprilso, under Classification and Pay Division, I noticed over the months, this is the standard language that the manager has been providing. But I think it might be helpful to the Board—and I know we're not supposed to micro-manage— but I think it would be helpful to the Board members if there were a little bit more specifics—so that we can see where reorg. requests are—in what departments are being made. I thinkI don't think that's confidential information, is it, J? Would that be asking too much? MR. YOSHIMOTO: Say, again. I'm sorry, say again. CHR. CABANAS: For Classification and Pay the language over the months have been pretty standard. So, we have no clue as to what the various reorg. requests are and classification actions are. But we have to be mindful, Board members, that MAB has jurisdiction in certain categories—Recruitment and Exam is one, Classification is another, initial pricing is another. And soI don't know, to me, this doesn't give us enough information. And we've had appeals, kind of, like, come in already—dealing with classification. And so, I think it would give the Board a better handle—`cause you have to remember, we come from different walks of life in our careers. So, I think it would be helpful to the Board. And so, my question to J is, as our Legal Counsel—is it asking too much—'cause I know we're not supposed to micro -manage the department—but, just to give us an idea as to where these reorg. requests are. It doesn't have to be specific positions but would that be okay? MR. YOSHIMOTO: I would probably need to hear from Sommer as far as what details that her department could provide based on what you're asking for. Page 13 Merit Appeals Board May 3, 2024 MS. TOKIHIRO: I guess because the information is being evaluated and we're not sure if the findings are going to be that we would support the reorg. or even the reallocationsI mean, we could generally state where the requests are coming from— CHR. CABANAS: Or could it be post decision-making that a reorg. was done for, let's say, Police—in theI don't know—Traffic Division—and something like that. Not while you're doing it but post audit is what I'm saying. MS. TOKIHIRO: Yeah. I mean, I think that that would beI would be more comfortable with that. CHR. CABANAS: Okay. MS. TOKIHIRO: But Iwe could provide greater detail on a monthly basis as far as, like, the types of requests and maybe the number of requests of other things—whether it's reallocations, audits, or if there were new classes of work created. I can work with the manager to come up with, maybe, a summary table that would provide some additional detail. CHR. CABANAS: Okay, thank you. Because some of the other divisions, they're very specific but—and I realize the confidentiality component, as the Chair—but I kind of thought it would be helpful to our Board if we had just a better idea in line with all the other information being provided. Thank you—if you can do that—thank you. MS. TOKIHIRO: Yes, I can work on that. CHR. CABANAS: Okay. MS. MATHEWS: Are there—and you may not know the answer to this and I totally understand. Are there certain departments that drag their feet more than others? CHR. CABANAS: Sure, there are. I'll answer it for you. MS. MATHEWS: (Inaudible.) MS. TOKIHIRO: Thank you. Yes. MS. MATHEWS: And is it likely that those departments are ones that would not require as much education and that kind of thing, but would have more openingsso, that's part of why you hear so much about the County takes forever is because it's a numbers game to some degree? MS. TOKIHIRO: That could be. Yeah. I mean, I can't say specifically but, yeah, generally, probably. Page 14 Merit Appeals Board May 3, 2024 CHR. CABANAS: I think this is where the hand -holding comes in where if you see a department—maybe the person is new the HR person is new, they may need a little bit more monitoring, little bit more care, more education to help them speed things up. But sometimes, too, it's not even the HR person. It's those up above the managers that need to get on it. It's likeso, it becomes really an educational component and this is where the Director comes in because she needs to then talk to the department heads to move it along. It's just based from what I've gone through with departments. So, it's that educational component. And then, if you have a changeover in Administration which occurs in the life of the County, then you have more education. You have new Cabinet members, you have new department heads, you have new deputies—and that educational component is very important. So, they're everlasting educating departments. MS. MATHEWS: So, does the HR Department actually have any clout or are they just saying "please" in terms of—well, because there's a big difference between whether or not you can bonk them over the head or whether or not they—where's that compliance come in and who monitors the compliance. MS. TOKIHIRO: Right. So, as much as I can strongly and assertively encourage and reiterate these things—it is the department that has to take action. And so, there isn't something where I can go in and provide any kind of disciplinary or consequence other than sayingI'm not going—we're going to close the continuous recruitment because you have been referred a significant number of names, until you take any action, we're not going to continue recruiting for this position. But really—and we do try and approach it from that education aspect and we have meetings quarterly with the HR reps. of all the departments, because they're essentially the extension of our team in Central HR. So, making sure that we're all on the same page that we're encouraging them to then encourage their administrations to take action. We have had a lot of turnovers and we do have a lot of new HR reps. so it is really that education. But trying to reiterate and demonstrate the benefits of—see, you get in there quickly, and you can get people to fill these positions. MS. BOND: So, on the other side of the coin, you say that you have to have 5 people before you can push the list along but if you don't' end up with 5, that means that nothing happens? MS. TOKIHIRO: No. If we have less than 5, we'll refer the names that we have but it would convert to a continuous recruitment. So, at the end of that open competitive recruitment, say, after that 10 -day period—if there's less than 5 names to refer to the department—we refer the available names but we convert the recruitment to continuous, so that we can continue to collect applications toward the goal of having at least 5 names before the recruitment is closed. Page 15 Merit Appeals Board May 3, 2024 MS. BOND: So, they can't act until they've got 5 -what if one of these two is, like, we want that guy—can they actually hire them or do they have to wait till they you close the continuous recruitment out. MS. TOKIHIRO: No. They can move forward as soon as they get the list. CHR. CABANAS: In fact, they should be encouraged to move even if there was only one name. Because, like that one name could be a very well-suited applicant for the department—even if it's 2 names—go with the 2 names. This is where the dialogue occurs between that staff member and the HR of that department. So, don't wait for 5 names because you'll be you might be waiting forever. Go with what you got and interview them, correct? MS. TOKIHIRO: Yeah. And we do encourage departments to take action as quickly as possible on what they're given because you don't know when the other qualified applicants are going to come from and you don't know if someone who's qualified (inaudible) finds another position elsewhere. MS. BOND: Sorry to ask so many questions, but I'm new to this and I'm still trying to figure out what all this is (inaudible). MS. TOKIHIRO: Oh, absolutely, I appreciate the questions. CHR. CABANAS: So, these are all good questions because I feel that the Board needs to have that understanding and if you have a concern, this is the time to relay it to the Director. And I just want to go back to one point that I think Ms. Mathews asked you, Sommer, if—how you can enforce it. But you are the Director of HR, so you can enforce. You have to enforce upholding the merit system but should there be a problem with a department, where do you take it too` cause you can take it somewhere. Where do you take it to? MS. TOKIHIRO: So, discussions with the Managing Director and the Mayor to partner with them. But the Managing Director and the Mayor and I communicate closely and try and help departments address these needs. And, especially, we've had new agencies created which is unique for the County, so the Animal Control and Protection Agency and then also the development of OSCER that's created additional areas as well, where we're working together to figure out the positions in those agencies and then figure out how to meet the operational needs while the agency is established. And so, yeah, working closely with the Managing Director and the Mayor to help get their assistance in the enforcement and encouragement. MS. MATHEWS: So, I'm in acronym overload at the moment. What's "OSCERT' Page 16 Merit Appeals Board May 3, 2024 MS. TOKIHIRO: The Office of Sustainability, Climate, Equity, and Resilience. I hope I had it correct. Thank you. CHR. CABANAS: You got it correct. MS. TOKIHIRO: Thanks. CHR. CABANAS: I'm looking at your report. MS. TOKIHIRO: Okay, perfect. I wasn't even cheating and reading it from my own report. I'm glad I have that one memorized. CHR. CABANAS: Yeah, very good. I have one last question and it's under Health and Safety. And the division always provides detailed reports on what they're doing. My question goes to health and safety for Fire—with that Central Fire Station. Are they involved in any way? MS. TOKIHIRO: I don't believe that they're involved at this point because that's been that's being handled by consultants from that were hired through Public Works, as far as the remediation for the issues for that building. So, Health and Safety isn't involved in that because they had consultants actually go in and so they know exactly what they're dealing with. But for other facilities, if there're concerns about materials, then yes—Health and Safety will go in and take a look at it. So, we've been called upon to do that for, say, for the Old Hilo Hospital—yeah. So, when they were starting to do some of the renovations to provide part of—they were going to use part of that facility for homelessness and services there, Health and Safety went in and was looking at what was there and providing feedback as far as what should or shouldn't be touched and where we may need to hire consultants to address that as well. CHR. CABANAS: So, where there's a consultant in certain situations, do they not include HR? `Cause HR is responsible for health and safety of its employees Countywide. MS. TOKIHIRO: Yeah, so I'm not sure to what extent Health and Safety is always involved. But I know that when there's the question or the concern, the departments are reaching out to Health and Safety to get recommendations and to get feedback. But I don't know that it's—once Ryan and his team provide the feedback about what their concerns or what may need to be doneI don't know that they're going out with the consultant because then it transitions to how the department is going to address whatever that issue is. I can follow-up with Ryan and ask him. CHR. CABANAS: Yeah. It just concerns me because HR—Health and Safety is a viable division within HR. HR's responsible for health and safety of all Countywide—all employees Page 17 Merit Appeals Board May 3, 2024 and yet you have a number of employees working in a building that has been, whatdeclaredI don't know what's the term. It's more than junk—it's not safe. It's not safe. So, how do we how does HR really work with that. You have employees who could later be filing a workers' comp. claim in aworking in a building that's not safe. And what's taking them so long to get that resolved. It's likeI don't get it. So, I just raise it because I didn't see anything there over the months and I know Ryan does a good job with all his detailed reporting but I don't see anything there. So, I was just kind of wondering. And does HIOSH I guess HIOSH inspected that building? Did they? MS. TOKIHIRO: I'm not I couldn't answer that question. I would have to check. But there's a variety of—there are issues with other fire stations as well. CHR. CABANAS: Exactly. And I have another concern about that but I won't I won't bring it up at this time, `cause I don't think it's appropriate. Yeah. But, okay. Any other questions? MS. MATHEWS: Just one, I think. So, if they hire a consultant, but they're not working in partnership with HR which means part—HR could inherit something that a consultant deemed the way it should be done? That seems a little mean and misguided. MS. TOKIHIRO: When someone is hiring a consultant for a specific to address a specific issue and, in this case it would be asbestos, lead—things like that—that's something that would be remediated by MR. YOSHIMOTO: Sorry, I'm not sure if Mr. Wiseman's still on. Can we pause, yeah. CHR. CABANAS: Can we pause for a few minutes MR. YOSHIMOTO: Recess. CHR. CABANAS: Yeah, we'll recess. It's 9:18. We'll pause to check on the whereabouts of Mr. Wiseman. RECESS: The Chair called for a recess at 9:18 a.m. MR. WISEMAN: Hello, Madam Chair, you referenced my name. CHR. CABANAS: Oh, there you are. MR. WISEMAN: I've been hereI just— CHR. CABANAS: We were just wondering where you were. Okay. MR. WISEMAN: Okay. Page 18 Merit Appeals Board May 3, 2024 RECONVENE: The meeting reconvened at 9:19 a.m. in open session. CHR. CABANAS: Okay. So, let's resume. We are now back at 9:19 from our short recess. So, going back to Ms. Mathews and the conversation with Ms. Tokihiro. You can proceed. MS. MATHEWS: It was just more a matter of making sure that HR was protected and included in whatever it is that the consultants do before it becomes stone. And if MAB needs to be advocating on your behalf. MS. TOKIHIRO: Yeah. I appreciate the feedback. But when we're talking about consultants to address concerns which would go beyond what our Health and Safety Division is able to advise a department onso, we're talking about asbestos remediation that's what happening at the Central Fire Station. It's to get the feedback from the experts and then to help advise the County as far as what is going to be needed to successfully handle that. So, our Health and Safety Division wouldn't handle that per se, but they could be informed of what the outcome of the evaluation is and what the recommended course of action is. MS. MATHEWS: Because it's a bit concerning that if there is a work comp. claim, it lands on your desk and you have no idea that this (inaudible) has happened or that it's making any sense or that the right protocols have been put in place—if you're removed from it. And that's all I'm, kind of, after is how to make sure you're included. MS. TOKIHIRO: Yeah. CHR. CABANAS: Mm-hmm. And to express that concern to the Administration because it's the health and safety of the employees—not only in that department, any other department. I think HR because that's part of your division and your mission that there be some collaboration with HR so that you're not caught off -guard down the road. MS. TOKIHIRO: And I'll follow-up with Ryan and see—confirm the extent to which he's interacting with departments on these issues because, as you mentioned, it's not in the report. And so, if it's something that's happening, then I'd like to see him reporting on that. CHR. CABANAS: Yeah. Because if it were any other department, what would the position be? Let's say something big happens in Public Works—or something really huge happens in Parks and Recreation. I mean, wouldn't HR still have that concern for the health and safety of the employees in that department? MS. TOKIHIRO: Yes. And the departments are good at reaching out to ask those questions. So, it's not that Health and Safety is always left out. I was just specifically addressing the question regarding the Central Fire Station because that issue is so much bigger than something that—so we're aware of it because we know that it's been a longstanding issue. But as far as if Ryan was there with the consultants when they go in to evaluate it—I'm not sure. Page 19 Merit Appeals Board May 3, 2024 CHR. CABANAS: Yeah, so the thing with that, Sommer, is being aware that is one thing. But having a plan of action and a timeline is way more significant to address the concerns of employees because there's nothing being said. Even the public they keep on asking. They write letters to the editor, they keep on asking. Plan of action. Timeline. What's going on, consultant? What's going on plan of action, timeline. And who's going to do what. So, those are the kind of things that people make comments about and rightfully so. It's right in the middle of town. It'speople see it every day. It's been years already. And, yet employees are working in that building. Anyway, thank you. Any other questions or concerns? MS. MATHEWS: No, I was just going to echo. I was in Waimea at the Civic Center. Their roof is falling in. I mean, we're sitting there making sure we're out of the line of fire. So, there are multiple buildings and multiple people asking these serious questions. And I think they don't know who to go to, to see what's really happening. And it might be you guys, it might be somebody else. MS. BOND: And to tell you the truth, the timeline and plan of action actually can go back to the whole hiring thing. I don't think people understand what the timeline or the plan of action is there. And maybe there should be an open letter to the editor or a comment that says, "You know, we've been getting these questions. Maybe this is—maybe you should understand how it works" because maybe that would stop some of the negative comments that are coming in about HR in general. MS. TOKIHIRO: And it's—like with the facilities and things of that nature, there's multiple aspects to it, right, so there is the Health and Safety Division. Of course, we're very concerned with ensuring that our employees and the public are safe at our facilities. But then it's also comes to the department, funding, projects, et cetera. So, there's a variety of layers to it. But, yes, definitely a concern for us. CHR. CABANAS: Okay. I think we've exhausted the director's report. Thank you, Sommer, for answering all of our question. Let me go back to the agenda. So, we—if there's anything else, I want to move back to Number 7 MR. YOSHIMOTO: You need a motion to close file and accept, yeah. CHR. CABANAS: Oh, that's right. Thank you. May I have a motion to accept and file the director's MAB quarterly reports for January and March 2024. MS. BOND: So moved. CHR. CABANAS: Second? MS. MATHEWS: Second. Page 20 Merit Appeals Board May 3, 2024 CHR. CABANAS: Thank you. Any discussion? If not, I'll take a rollcall vote to accept and file the director's MAB quarterly reports for January through March 2024—starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. We can't hear you. MR. WISEMAN: Sorry—aye. CHR. CABANAS: Okay, thank you. And Ms. Cabanas—aye. Four ayes. Motion carried to accept and file the MAB quarterly reports for January through March 2024. The next one isI need a motion to accept and file the MAB monthly divisional activity report for April 2024. MR. WISEMAN: So moved. CHR. CABANAS: Thank you. 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. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Page 21 Merit Appeals Board May 3, 2024 Four ayes. Motion carried to accept and file the MAB monthly divisional activity report for April 2024. MS. BOND: Can I just ask one question? CHR. CABANAS: Okay. MS. BOND: Just a clarification? What does "HIOSH" stand for? CHR. CABANAS: "HIOSH" stands for Hawaii Safety Inspection Occupational MS. BOND: Sorry, it's a test. CHR. CABANAS: HIOSHH 1—health—yeah. MS. BOND: So, it's like OSHA but CHR. CABANAS: Yes. MS. BOND: But local. Okay. CHR. CABANAS: It's the state level. MS. BOND: Just wanted acronym help (inaudible). CHR. CABANAS: Yes. Okay, very good. Thank you. Unfinished Business (Item 7) 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. At Its Meeting Held On April 25, 2024, The Board Postponed This Matter To Their Next Meeting) CHR. CABANAS: Okay, so we are now on Number 7,"Unfinished Business" for discussion and appropriate action -7A. Okay, thank you, Sommer. Thank you so much. So, in your folder you have the Fact Sheetoh, in their binder. Okay. So, this Fact Sheet I drafted it initially and then we had Board members provide input. Suzi—not Suzi—but Gay Mathews also provided substantial changes to it. The Board reviewed it. We also had it reviewed by our Assistant Corp. Counsel and Secretary -Reporter for their input. And then it went to our Deputy Attorney General, who actually is our legal counsel when we have an appeal hearing. And this is the end result of all the reviews. I just want to thank everyone for their help on it. Page 22 Merit Appeals Board May 3, 2024 The pages have been numbered. And, at this point, how comfortable are we with the Fact Sheet, and have you all had the chance to review it. MS. MATHEWS: So, it's better than the old one. It's still not good. CHR. CABANAS: It's still not good? MS. MATHEWS: It still needs more detail for somebody that—if you're—somebody's working at the transfer station and you want to file an appeal this really doesn't tell you how to do it. It's better, it's much better—but I think it's still lacking in detail. MR. WISEMAN: Well, Madam Chair, I have a couple of comments. CHR. CABANAS: Okay, please proceed, David. MR. WISEMAN: Yeah, with (inaudible) to the last comment. But this deals with once an appeal is filed. If there's going to be a fact sheet about how to file an appeal, that's a whole separate matter involving a lot of details. But with respect to the final draft hereI have two concerns. One, is that when the letter is sent after an appeal is filed, the first—the very first paragraph, there should be a time period within once that letter will be sent. Once an appeal is filed, within 10 days -15-1 don't I can't I don't know the policy side. I can't dictate a certain number, but there should be a reasonable time period within once the letter will follow. CHR. CABANAS: Okay. Is that the first sentence, "When the Merit Appeals Board receives your appeal, the Board will notify you, the Appellant, and the County by sending you a letter is that there? MR. WISEMAN: Yes. And if that could be added, "within 10 days" or "after receiving the appeal" or something like that. CHR. CABANAS: I'm going to call our Secretary -Reporter up to the microphone. MS. YAMADA: Normally, when an appeal is received, that letter from MAB Chair will go out within 5 to 7 business days. MS. MATHEWS: And when it goes out, is it in a certified envelope or something where it's tracked so the appeal won't start until the person can actually receive it? MS. YAMADA: Well, this letter this first letter is not certified. It just acknowledges receipt and it gives a statement that—gives a date, like, we just received one recently. And our next Page 23 Merit Appeals Board May 3, 2024 meeting is on May 24 so that at that May 24h meeting, at that time, the hearing will be scheduled and deadlines for submissions would also be discussed. And then, after that that letter goes out notifying both appellant and appellee with that information, and it is sent certified. MR. WISEMAN: Yeah. Madam Chair, I don't believe that first letter has to be certified because it involves, also, the other ramifications—what if someone doesn't sign it—and fails to sign it and so on and so on. However, the—what Glynis stated about the 5 to 7 days that's fine but, perhaps, it should be in there that within a certain time period. Otherwise, it's an open-end. CHR. CABANAS: Yeah, that's a good point, David. So, shall we add it in (inaudible). MS. BOND: Okay, so wait. You're talking about the very first bullet? CHR. CABANAS: Yes. MS. BOND: Okay. `Cause in the second bullet, it says "After the first meeting" of the MAB after the first meeting of who? Whose first meeting? CHR. CABANAS: After the Board's first meeting. MS. MATHEWS: Yeah. (Inaudible) except we should spell out which board it is. MS. BOND: Yeah. `Cause it, kind ofit just, kind of, says, "After the first meeting" CHR. CABANAS: Yeah. MS. BOND: It's like, who's—what's meeting? Sorry. MR. WISEMAN: Well, the appeal goes to the MABso, you know what I mean. MS. BOND: I'm trying to eliminate the vagueness that the old one had. And so, I agree that it should actually say the Merit Appeals Board. MS. MATHEWS: And you can put it in parenthesis (inaudible) and then use that acronym for (inaudible). MS. BOND: Right, exactly—which is what is easier. Is it you create the acronym use the acronym. CHR. CABANAS: Well, actually, our acronym for the Merit Appeals Board is MAB— "MAB"—but AB"MAB"but for this we have "Board". Page 24 Merit Appeals Board May 3, 2024 MS. BOND: So, why don't we make it— CHR. t CHR. CABANAS: And I don't know where the "Board" came from. I have to look at the track changes. MS. MATHEWS: That might be my fault. CHR. CABANAS: That's okay (inaudible) process. MR. WISEMAN: And I have one other concern or suggestion. That—and, again, it's in that first section there about what the letter will state about certain things the next meeting. And I think it'd be prudent to put in there that the appellant should consider whether they will want an open or a closed hearing because, otherwise, to confront an appellant—lay (inaudible)at the first hearing with this they really don't understand the ramifications of open versus public. So, this way, if it's put in the initial letter—and not advising them but just that this can be an open or a public hearing and word it in a way that they should think about this. That's all. CHR. CABANAS: We could put it here, although on the appeal form, there is a section where the individual would indicate whether he or she wants an open or closed. MR. WISEMAN: Oh, I see. Okay. Then it's not necessary—it defeats the purpose. CHR. CABANAS: Okay. MS. MATHEWS: But is thereI think it would have been helpful if we had actually had those forms to know what—when we were drawing this thing up. MS. BOND: I was just going to say. MS. MATHEWS: So, does— CHR. CABANAS: Okay. Glynis will print out an appeal form. MS. MATHEWS: And are there other forms that we that they—okay. CHR. CABANAS: So, it's just the appeal form. MS. MATHEWS: And then from then on, there are no forms? CHR. CABANAS: Unless they provide exhibits, witness list, correspondence—but there's no other form. No. Page 25 Merit Appeals Board May 3, 2024 MS. MATHEWS: So, the exhibits and the witness lists there's no instruction sheet that this is it. CHR. CABANAS: This is it. Now, let me explain about the appeal process because Iit keeps on coming up. Okay, so the thing with this is—and I see it on the latest—there's another appeal that's coming our way. MR. YOSHIMOTO: (Inaudible.) CHR. CABANAS: No, we're not. No, I'm not talking about the appeal. There's a process, there's procedures for an Internal Complaint process. Leading up to someone filing an appeal, departments would follow that Internal Complaint process. And so, in there, in that—those procedures, there's instructions on what they need to follow. And so, for us to do something else beyond that is going to counteract those procedures they need to follow those procedures. MS. MATHEWS: And that'sI don't want to counteract anything that's supposed to be what this is this letter is for. CHR. CABANAS: Right. MS. MATHEWS: Is to help clarify that. And so, in plain language CHR. CABANAS: Yeah. MS. MATHEWS: So, that they know where to go get those forms, they know who to ask, and it doesn't have to be the name but the position in—is it HR? Is it their HR in their existing department? Where—who do they go to for help? CHR. CABANAS: It could be a whole range because in order to file an appeal, it could be from an employee, it could be from a member of the public. And so, it could be HR or it could be a hiring department—and they have instructions as to what to provide to the person, so that they know, "Oh, okay" they have to do this. Yeah. MS. MATHEWS: So, the instructions have been seen by the HR Department and bless them and say, "Yes, this is exactly what we would need"—if we didn't know anything. CHR. CABANAS: Yeah. It's been approved by HR and Corp. Counsel. Yeah. MS. MATHEWS: So, Mr. Yoshimoto, have you reviewed these? Page 26 Merit Appeals Board MR. YOSHIMOTO: What's these— MS. MATHEWS: I know, threw that in there to see if you're awake. CHR. CABANAS: The Internal Complaint Procedures? MS. MATHEWS: Yes. MR. YOSHIMOTO: Internal Complaint I have not— MS. ot MS. MATHEWS: And the forms. MR. YOSHIMOTO: I have not reviewed them—not in the recent past. No. CHR. CABANAS: But they do exist. May 3, 2024 MR. YOSHIMOTO: But they do exist and, yeah—Chair is correct—that our office would help with the drafting of that. What the Board should be mindful of, is that this fact sheet is for informational purposes only and not to be construed as legal advice or something that someone can rely upon where, if the Board gets too specific or contradictory to something that's already in place that it could be grounds for another type of appeal—whether it's the due process rights and things like that. That's why, I think, fact sheets are helpful for general guidance but, again, we've got to be careful not to have it so specific that it becomes something that people will rely on as legal advice, rather than just information. MS. MATHEWS: So, can the HR Department give them enough information that anybody can follow through it? Okay. That's important. CHR. CABANAS: Okay. I'm going to just interrupt. David—Glynis emailed you the appeal form for your reference. If you can check your email, please. MR. WISEMAN: Yes. Also, Madam Chair, I'm going to need a 10 -minute break very soon. CHR. CABANAS: Okay. Shall we break now, then? MR. WISEMAN: It's up to you CHR. CABANAS: Yeah, let's break now. MR. WISEMAN: Okay. Page 27 Merit Appeals Board May 3, 2024 CHR. CABANAS: And we will resume at 9:509-5-0. We'll recess at this moment—and it gives you time to review the appeal form. RECESS: The Chair called for a recess at 9:41 a.m. RECONVENE: The meeting reconvened at 9:50 a.m. in open session. CHR. CABANAS: Okay, so we are now out of our recess at 9:50 a.m. MR. WISEMAN: And Madam Chair, if I mayI have toI can't go beyond 11:00. I have an important engagement at that time. CHR. CABANAS: Okay. I mean, I think several of us do also. So, we'll be mindful of that. Thank you for the notice. Okay, so we are now back on the fact sheet for the appeal hearing process and we've heard some suggestions. Go ahead, Ms. Bond. MS. BOND: So yeah, so, maybe making it an "information sheet" instead of a "fact sheet" that way we're not—it doesn't sound like we're beholden to the—something. CHR. CABANAS: Okay. Good point. "Information Sheet for Appeal Hearing Process." MS. BOND: Yeah. CHR. CABANAS: Okay. And the other change was in the first bullet it says, "When the Merit Appeals Board (Board) receives your appeal, the Board will notify you, the Appellant, and the County, by sending you a letter within seven business days." Then going down to the second bullet, "After the first"—add in "`Board' meeting" MS. BOND: I thought we were talking about being consistent with calling it "MAB" instead of "Board." CHR. CABANAS: Okay. So, we can do that—and we have to change everything in this sheet because everything is "Board." So we can change it but let's have consensus. Do we keep it as "Board" or do you want to change it to "MAB?" MS. MATHEWS: I think it actually makes sense to change it to "MAB" because what we've got now is "Board" "Board." CHR. CABANAS: Okay, so, let's go back to the first bullet. MS. BOND: Gee, we almost got out of there. Page 28 Merit Appeals Board May 3, 2024 CHR. CABANAS: "when the Merit Appeals Board"—change "(Board)" to "(MAB) in paren."(MAB) receives your appeal, the MAB will notify you, the Appellant, and the County, by sending you a letter within seven business days." Okay, I'm just going to scroll down to "B."—"Notify you of the date of MAB's next meeting during which the following will be scheduled:" Go to the second bullet, "After the first MAB meeting, the MAB's Secretary -Reporter will send both of you and the County a notice of your hearing date" yes? Okay, third bullet, "All submissions go to MAB's Secretary -Reporter at Department of Human Resources" Okay, next page, "At the Appeal Hearing""Introduction of you, the Appellant, MAB Members, the County's Legal Counsel(s), and assigned staff." So, let's scroll down to the fourth bullet, "Determine MAB's jurisdiction over matter." Scroll down MS. MATHEWS: Hold on a second. First bullet, we—it says, "the County's Legal Counsel(s)"—and, yet it's actually the "State" isn't it? MR. YOSHIMOTO: Corp. Counsel represents the County department. CHR. CABANAS: Yeah. MS. MATHEWS: Right. So, it's Corp. Counsel, but we also have the state guy CHR. CABANAS: Yeah. MS. MATHEWS: So, we missed one. CHR. CABANAS: We missed the Deputy Attorney General. Go back to the first bullet, "Introduction of you, the Appellant, MAB Members, the Deputy Attorney General, the County's Legal Counsel(s), and assigned staff." Good eye, Ms. Mathews. Okay, next bullet, the fourth bullet, "Determine MAB's jurisdiction over matter." Scroll down, next bullet, "MAB members may also question the witness after the person's testimony." This is one, two, three, four, five the sixth bullet. MS. BOND: Wait, can we go back to 5 MS. MATHEWS: "Strict rules Page 29 Merit Appeals Board MS. BOND: What does that mean? May 3, 2024 CHR. CABANAS: "Strict rules of evidence will not apply." This is not a court hearing. MS. MATHEWS: It means that J does—if J can actually explain that better than anybody could. MR. YOSHIMOTO: Oh, I can do that. CHR. CABANAS: Yeah, please. MR. YOSHIMOTO: So, normally under administrative hearings, strict rules of evidence will not apply—rules of evidence applied to contested cases where you would have a right to certain objections, rules of evidence, things like that (inaudible). So, this is more informal in nature. So, basicallyoh, David, go ahead. MR. WISEMAN: Yeah. I don't like the language, "rules of evidence"I mean, ask nine out of ten lay people wouldn't have any relation or understand "rules of evidence" we should just put in there that this is not a court hearing and those procedures do not apply—something like that. CHR. CABANAS: Yeah, I agree. MR. WISEMAN: Rules of evidence, I mean— CHR. CABANAS: Even we can't define it, so how could we explain it to another person. MR. WISEMAN: Go out on the street and ask any five people you ever hear the rules of evidence? And you think they have no one's going to know that. CHR. CABANAS: You're right. MS. BOND: Only if they watch Law and Order. MR. WISEMAN: Yeah. MS. BOND: Yeah, because I didn't have a clue what that meant. So, what CHR. CABANAS: Okay. So, can you repeat what you said, David, please? This is not a court hearing MR. WISEMAN: Yeah. The procedure is not a court hearing in thoseI don't know—maybe J can come up—rules of court will not apply. Something like that. CHR. CABANAS: What do you suggest we put in? Page 30 Merit Appeals Board May 3, 2024 MR. YOSHIMOTO: Let me think about that and go back to that (inaudible). CHR. CABANAS: Okay, let's go back. Let's continue on. Okay, next bullet, second sentence, "MAB members may also question the witness..." and then it continues on. Next bullet, ""MAB may go into executive session..." Next bullet, no change. Next bullet no change. Move on down to MS. BOND: So, sort of like, even if you were to put the—like, you have "NOTE: an opening statement" and "NOTE: to rest one's case..." you could even just put "NOTE: Not a court hearing" on that one. CHR. CABANAS: Correct. MS. BOND: And just that would be a way to simple—it's just aexplain what the heck we're talking about. CHR. CABANAS: Right. MR. WISEMAN: An opening statement, again, the rule of evidenceI would take out. It's a broad overview of the parties story of complaint. `Cause that's what an opening statement is and if you ever watched—someone mentioned "Law and Order"—(inaudible) watch attorneys give an opening statement—"and the evidence will show ... and the evidence will show" that is so old fashioned and so ineffective. It`s rather you tell a story of what you're going to show. So, I don't know CHR. CABANAS: Okay. I scrolled through the rest of the document. There are no other changes for the MAB. MS. BOND: Oh, wait—no, what about "Hearing Closure." CHR. CABANAS: Oh, "Hearing Closure" yeah. The first two bullets, change "The Board" to "MAB." MS. BOND: Okay. So, David, what you're saying is that where it says, "...present a broad overview of what the" MR. WISEMAN: "...of what the parties complaint is about" that would be very simple—or what the parties appeal is about—his complaint is about. Page 31 Merit Appeals Board May 3, 2024 CHR. CABANAS: Okay, where are we now? MS. BOND: We are under the County has to do the same. CHR. CABANAS: What are we changing it to? MS. MATHEWS: We're taking "evidence" out and putting in the word "complaint." CHR. CABANAS: Where's that? MS. MATHEWS: In the italics part. MR. WISEMAN: It's in the "NOTE" MS. MATHEWS: (Inaudible) "...evidence will show.." CHR. CABANAS: Okay. What are we putting? MS. BOND: "...abroad overview of what the party's complaint is about..." CHR. CABANAS: Okay. MR. WISEMAN: That's all. CHR. CABANAS: Okay, very good. MS. BOND: This probably would have been helpful last week for that guy. MS. MATHEWS: Well, and the other part of that is, if we're referring back to next week—and not talking about the case itself—but I think for a lay person, it's difficult to talk about an opening statement and not be talking about the case. CHR. CABANAS: Correct. MS. MATHEWS: That's just not intuitive. It's like, "This is what I'm trying to get you guys to understand—and I'll show you." And so, I'm not sure how you would re -word (inaudible). MS. BOND: We finally got to, but that was CHR. CABANAS: And, actually, it should be a brief—it should be brief because we don't want them there, like, 10 -minutes to give an opening statement. MS. BOND: Yeah, "brief' is a good word. Page 32 Merit Appeals Board May 3, 2024 CHR. CABANAS: Yeah. BecauseI mean, it can go on and on. MR. WISEMAN: Yeah, you may want to think about putting a short time limit on there, too. That way he would have to summarize everything. CHR. CABANAS: I think I said, in the past, 3 -minutes. MS. BOND: Yeah, that's what the Council would do. MR. WISEMAN: Yeah, well, that's good. CHR. CABANAS: Yeah. MR. WISEMAN: So, yeah, just to remind yeah, so a reminder to the appellant, "Okay, you have an opening statement, limit to 3 -minutes," so—and then without putting it in here, we could the appellant would just be informed that you only have 3 -minutes. Yeah. MS. BOND: So, where it says, "You are allowed to make a brief opening statement if you wish"—an opportunity—and "the County can make a brief opening statement..." CHR. CABANAS: Correct. MS. BOND: So, that it—it's like CHR. CABANAS: I mean, if we say 3 -minutes, we have to time it. MR. WISEMAN: Mm-hmm. CHR. CABANAS: `Cause that's what the Council does. We'll get you a stopwatch. MS. BOND: Yeah, the phone has a stopwatch on it. CHR. CABANAS: Oh, yeah. "An opening statement limited to 3 -minutes is used to present a broad overview of what the party's complaint will show." MR. WISEMAN: It sounds good. I like that. CHR. CABANAS: Okay. Is that okay with everyone? MS. BOND: "An opening statement... CHR. CABANAS: "...is limited to 3 -minutes is used to present a broad overview of what the party's complaint will show." Page 33 Merit Appeals Board May 3, 2024 MS. MATHEWS: "will show" or "is about?" MS. BOND: "...complaint is about..." what their complaint is about. Because if you say "will show" that means you're actually asking forI mean, you're MR. WISEMAN: Yeah, "is about" that would be CHR. CABANAS: "..is about..." MR. WISEMAN: "...is about... "will be more (inaudible)—yeah, a better relation with the lay people that come before the Board. CHR. CABANAS: "An opening statement limited to 3 -minutes is used to present a broad overview of what the parry's complaint is about." Yeah. So, the appellant has 3 -minutes, the County has 3 -minutes. MS. BOND: So, we're going to put 3 -minutes in those or are we going to just leave it at "brief." CHR. CABANAS: We'll just leave—well, I didn't add "brief'—where is "brief?" MS. BOND: Before "opening statement." "You are allowed to make a brief opening statement..." CHR. CABANAS: Oh. Unless we say "a 3 -minute opening statement" MS. MATHEWS: Let's make it 3 -minutes or less. CHR. CABANAS: "you are allowed to make a MS. BOND: Well, that's why if you put it in the "NOTE" that it's limited to three, then if you just say brief before that (inaudible). CHR. CABANAS: Okay. So, "You are allowed to make a brief opening statement if you wish..." and then the next bullet, "The County has the same opportunity to make a brief opening statement... "—"NOTE: An opening statement limited to 3 -minutes is used to present..." MS. MATHEWS: Actually, they don't have to take 3 -minutes. CHR. CABANAS: Yeah, we're saying "limited" though. "Limited" means— MS. MATHEWS: You'd think, but— MS. ut MS. BOND: Yeah, but 3 -minutes is not that long. Believe me. Page 34 Merit Appeals Board May 3, 2024 CHR. CABANAS: Yeah, it's not. I think it's okay. MS. BOND: Yeah, like that CHR. CABANAS: I mean, they can MS. BOND: The day of the confirmation thing where they let the 85 people go in front and do the 3 -minutes. CHR. CABANAS: Because up above it says they may waive doing so. They don't even have to make an opening statement. MS. BOND: Yeah. Right. CHR. CABANAS: Yeah. Okay. And then, J is still researching that bullet on "Strict rules of evidence..." MS. BOND: The brief closing statement or the "closing argument" you want to keep that "brief' as well? CHR. CABANAS: Oh, let's see now. MS. BOND: Or is that their summation and we, kind of, should let them ramble. CHR. CABANAS: "You will then present a closing argument MR. WISEMAN: Yeah, I wouldn't put any time limit in there. CHR. CABANAS: Yeah, I think MR. WISEMAN: If it gets so long, we could always intervene and say, yeah (inaudible) and so on. I'm not (inaudible) putting a time limit on closing statements. MS. MATHEWS: So, I'm not sure how to word this but going back up to "this is not a court hearing"—isn't it something on the order of, "this is not a court hearing, however, there are formal rules we follow"—or something so they don't—and they're not surprised when they get in here. CHR. CABANAS: Oh, this is a formal hearing. MS. MATHEWS: It's a formal hearing but it's not a court hearing. CHR. CABANAS: Yeah. MS. MATHEWS: And so Page 35 Merit Appeals Board MS. BOND: Yeah, this is the one we're still looking at, right. CHR. CABANAS: Yeah. MS. BOND: J's bringing the book back so who knows. MR. WISEMAN: It's a formal CHR. CABANAS: So, what do you recommend, Mr. Yoshimoto? May 3, 2024 MR. YOSHIMOTO: So, yeah, we need to be careful because I'm looking at the—let's see, this is Chapter 104, Rules of the Merit Appeals Board regarding appeals. So, Section 104-5, Hearing, (a) states all appeals shall be heard in accordance and in conformance to the provisions of Hawaii Revised Statutes and it goes through 91-9, 91.5, 10 and when you look at 91-10, it states there's a provision on rules of evidence. There's a lot there—and so, I am cautioning that if we divert from what is in the statute, then that will be a problem as well. MS. MATHEWS: Can we make some reference to that because they're getting it, right? MR. YOSHIMOTO: Right. MS. MATHEWS: "Please refer to..."—for sections such and such. MR. YOSHIMOTO: Right. And so, really there should be notice, basically, referencing that for appeals, these rules apply, right. I mean, that's the catch-all, right. And then, again, this is informed information and not advice—and that's what I'm trying to make sure we stay within our lane. So, I am reluctant to say this is not a court hearing because it is a contested case hearing, right and they do have appeal rights, right— CHR. ight CHR. CABANAS: They have appeal rights to the Third Circuit Court. MR. YOSHIMOTO: Right. From here. So, this needs further refinement. So, yeah, I would— yeah— MS. BOND: So, for someone who doesn't understand exactly what "strict rules of evidence" mean, is my thing. So, do we need to put a definition of what "rules of evidence" are? MR. YOSHIMOTO: I'm thinking we just don't say that at all because the Page 36 Merit Appeals Board MS. BOND: Take the whole line out? May 3, 2024 MR. YOSHIMOTO: Take the whole line out. And then, if we can think of something else to say. But, really, it's hard to say a little without saying a lot. You know what I mean (inaudible). MS. BOND: Right. Exactly. MR. YOSHIMOTO: Exactly, yeah. I don't want to mislead anyone to thinking, "Oh, okay and you said it doesn't apply." MS. BOND: Yeah. So, then, just take that whole bullet out? CHR. CABANAS: Okay MS. BOND: It took him three books to tell us that so, I guess, we should do that. MR. WISEMAN: Yes, when it comes to rules of evidence, court rules of evidence, there are federal rules and a lot of states have their own rules. Some—many states follow the federal rules and so on. But, in general, and I'm sure J will agree with me—concur with me on this the evidentiary rules are one of the most complex complicated studies that anyone can get into. And more than half of century being in the legal arena, I still sometimes cannot answer certain questions directly on a rule of evidence. It's a very complicated area. So, it will be a (inaudible) to try to define it at all or to make any definition. That's why I opt forI know what J is saying about the statute, but I still opt in this informational letter that court rules will not apply or something like that. `Cause once you start using the word "rules of evidence" it opens up a Pandora's box of complexities that are beyond even many, many lawyers. MS. BOND: Yeah, but the minute you start saying "court rules" you're asking for trouble, again. So, I think that—since J had already struck it out in his version, that we should (inaudible). CHR. CABANAS: Okay. So, we have deleted it. And then, just look at the footnote because the footnote on page 1 says "by the Board"—so we should say, "by MAB"—in the footnote on page 1. Okay, so are we done with our review on the "Information Sheet for Appeal Hearing Process MR. YOSHIMOTO: Madam Chair? CHR. CABANAS: Yes? Page 37 Merit Appeals Board May 3, 2024 MR. YOSHIMOTO: We should also add a disclaimer saying that "This is an outline for informational purposes only and is not to be construed as legal advice"right, so something along those lines that is prominent somewhere on the—so people can't miss it. CHR. CABANAS: Right. So, we canon the footnote, let's add, "This is a general outline and"—say that again? "...and is not to be used..." MR. YOSHIMOTO: Well, "... is provided for informational purposes..." CHR. CABANAS: Oh, wait. Hold it. MR. YOSHIMOTO: Oh, sorry. CHR. CABANAS: Yeah. And what? MR. YOSHIMOTO: "...is provided for..." CHR. CABANAS: "...and is provided..." MR. WISEMAN: "...informational purposes only..." CHR. CABANAS: "...for informational purposes only..." Okay, got it. MS. MATHEWS: And just to be safe, do it as a footer as opposed to a footnote, so it shows up on both pages. MR. YOSHIMOTO: Yeah. "...and is not to be construed as legal advice..." or something to that effect. David, what do you think about that? Oh, can't hear you, David. MR. WISEMAN: Yes, I like that. That's how it should read. CHR. CABANAS: Okay, sounds good. I'll repeat it again—well, she has a little number here when Amanda reviewed it, she put a little number here. So, "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 MAB from parts of this outline, such as motions, continuances, or the need to take matters under advisement." So, Amanda reviewed this—so our attorney general—deputy attorney generalso, she has a little footnote here. And then, it goes down to this here. So, should we have this reviewed again by her? Well, she reviewed it as the Supervising Page 38 Merit Appeals Board MR. YOSHIMOTO: Oh, okay, yes. CHR. CABANAS: Deputy Attorney General. MR. YOSHIMOTO: Yes. CHR. CABANAS: Okay. So, do I need a mo May 3, 2024 MS. MATHEWS: We're completely striking that "strict rules of evidence" we don't even have "This is not a court hearing." CHR. CABANAS: We took it out. MS. MATHEWS: Okay, I'm just making sure. CHR. CABANAS: Yeah. MR. WISEMAN: Why does this have to be reviewed again? I mean, we have our lead counsel here. CHR. CABANAS: Well, it's because the attorney general the deputy attorney general is our legal counsel for appeal hearings. And she had reviewed it earlier and I just, kind of think, since we're making changes we should have her look at it one more time, just to be safe—although we do have J here but when it comes to appeals—appeal hearingsJ will not be sitting in on an appeal hearing. It will be the deputy attorney general. MR. WISEMAN: Just another item of bureaucracy, which grows the woes of government processing. MS. MATHEWS: You know what, I disagree with you, David. I think it's a courtesy to give it back to her. She already approved it in one form and now we've changed it. And so, therefore, it should go back to her. CHR. CABANAS: I agree. It is a matter of professional courtesy. And it's minor changes. I think she will review it quickly. But it's not something that we would finalize today. We would have to finalize it again at our next meeting, which is going to be—let me look—it's going to be May 24h. It's just a couple weeks. Hopefully, she can review it before then. It's not too bad it's just "find" and "replace"—and a few changes. Not too bad. Okay, so, do I have a motion to send this "Information Sheet for Appeal Hearing Process" back to the deputy, as amended back to the deputy attorney general. MS. BOND: So moved. CHR. CABANAS: A second? Page 39 Merit Appeals Board MS. MATHEWS: Second. May 3, 2024 CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. Thank you very much, everyone. B) FY 2023-2024 Annual Performance Evaluation Of The Director of Human Resources (HR) Process; And FY 2023-2024 Human Resources Employee Survey (Note: At Its Meeting Held On April 25, 2024, The Board Postponed This Matter To Their Next Meeting): 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, And 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) CHR. CABANAS: We are now on 7B. Fiscal Year 2023 to 2024 Annual Performance Evaluation of the Director of Human Resources Process and Fiscal Year 2023 to 2024 Human Resources Employee Survey. Note: At its meeting held on April 25�', 2024, the Board postponed this matter to their next meeting. What we will discuss are the following: Proposed timeline to distribute surveys and deadline for responses; SurveyMonkey questions for Fiscal Year 2023 to 2024, which is the Line Department survey sent out to 23 departments; SurveyMonkey questions for Fiscal Year 2023 to 2024 is the Employee Survey for all employees within the Department of Human Resources; the Merit Page 40 Merit Appeals Board May 3, 2024 Appeals Board evaluation tool for the Director of HR for Fiscal Year 2023 to 2024; and defining the target audience for the survey, who the participants will be. The executive session the Merit Appeals Board anticipates convening one or more executive meetings regarding the above matter. Pursuant to HRS section 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 two-thirds vote of the members present pursuant to HRS section 92-4 is necessary to hold an executive meeting. At this point, because of the nature of the discussion, I'm going to request that the Board go into executive session. So, may I have a motion for us to do so. MS. MATHEWS: So moved. CHR. CABANAS: A second? MS. BOND: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote for the Merit Appeals Board to go into executive session. Starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. Mr. Wiseman, are you there? Okay MR. WISEMAN: Yes, I am here. I'm on a laptop and I had to get the (inaudible). CHR. CABANAS: Oh, okay. So, your vote to go into executive session? MR. WISEMAN: Aye. CHR. CABANAS: Thank you. Ms. Cabanas—aye. Four ayes. Motion carried. The Hilo Council Chambers of the Hawaii County Building will be secured for the Board to go into executive session at 10:19 a.m. And, Mr. Wiseman, are you able to secure the area there, so that no one can hear our conversation? MR. WISEMAN: Yeah. I'm all alone. Page 41 Merit Appeals Board May 3, 2024 CHR. CABANAS: Okay, very good. Thank you. And we are also locking our ZOOM capability so we will have no one listening in on our discussion. Glynis is locking the Hilo Council Chambers. RECESS: The Chair called for a recess at 10: 19 a.m. RECONVENE: At 10:51 a.m. the meeting reconvened in open session. B) FY 2023-2024 Annual Performance Evaluation Of The Director of Human Resources (HR) Process; And FY 2023-2024 Human Resources Employee Survey (Note: At Its Meeting Held On April 25, 2024, The Board Postponed This Matter To Their Next Meeting): 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, And 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) CHR. CABANAS: Okay, so our Secretary -Reporter is now opening our Hilo Council Chambers. We are now in open session at 10:51. Present in the Hilo Council Chambers are Ms. Gay Mathews, our Vice -Chair; Ms. Suzi Bond, and appearing via Zoom from Kailua-Kona is Mr. David Wiseman. I'm Gabriella Cabanas, Board Chair; our Assistant Corporation Counsel J Yoshimoto, is with us in the Council Chambers; along with Glynis Yamada, our Secretary -Reporter. Thank you, everyone. So, our executive session has closed, we are in open session. And I'll need to entertain a motion to approve our discussion in executive session considering the process for the Annual Performance Evaluation of the Director of Human Resources and the Fiscal Year 2023 to 2024 Human Resources surveys. MS. BOND: So moved. CHR. CABANAS: Thank you. Is there a second? MS. MATHEWS: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Ms. Gay Mathews. Page 42 Merit Appeals Board MS. MATHEWS: Aye. CHR. CABANAS: Ms. Suzi Bond. MS. BOND: Aye. CHR. CABANAS: Mr. David Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. Director's Report (Item 8) May 3, 2024 MAB Quarterly Reports: January — March 2024; And MAB Monthly Divisional Activity Report: April 2024 (Note: At Its Meeting Held On April 25, 2024, The Board Postponed The Above Matters To Their Next Meeting) (Previously taken out of order.) Announcements (Item 9) CHR. CABANAS: Are there any "Announcements" to today's agenda? 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 CHR. CABANAS: If not, I'll move to scheduling the next meeting date, which isGlynis had already polled our Board members and the meeting will be Friday, May 24h, 2024, at 10 a.m. at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Adiournment (Item 11) CHR. CABANAS: May I have a motion to adjourn today's meeting? MR. WISEMAN: Motion to adjourn. MS. BOND: Second. Page 43 Merit Appeals Board May 3,2024 CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. Meeting is adjourned at 10:53 a.m. Thank you, everyone, have a good week. MR. WISEMAN: Okay, goodbye. CHR. CABANAS: Thank you, David. Respectfully submitted, Vatiftak Glynis Yamada, Secretary-Reporter APPROVED: )kwuajA't. CCcch.114 Gabriella M. Cabanas, Chair Merit Appeals Board Page 44