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HomeMy WebLinkAbout2024-08-12 Merit Appeals Board AgendaMitckeLL D. Rotel n eeor Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM County of Hawaii Merit Appeals Board .4upL,m,%Gev�,tev *101PnLCnkl .Stveet .Suite 2* HYLo, Hnvvni i96�20 (gog) 9o1-gZol * F=ox (gog) Agenda August 12, 2024 (Monday) 9:00 a.m. Hilo Council Chambers C,c nMeLLa M. ac bvwas chazr ��� MG�tGr2ws 1i�c2-CGr��x Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, HI 96720 Members of the public may attend this meeting either in-person at the meeting location or via ZOOM: Link: https://www.zoomgov.com/j/1603052627?pwd=uQ7aJZVizvX4a25kGXKWFkbvLSEEIO.1 Lamin: Meeting ID: 160 305 2627 Passcode: Augl2MAB Dial in: Phone No: 1 669 254 5252 Meeting ID: 160 305 2627 Participant No: Press 9 Passcode: 35171106 To Unmute: *6 Find your local number: htips://www.zoomgov.com/ti/awOyslbto The members of the Merit Appeals Board will attend this meeting in-person at the Hilo Council Chambers and via Zoom. 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 Suzi-Powc{, CkarLes I'vv,z, DavCc{ A. WEsev"v,, Mewtbers I HmcG Pi , aouv,t� Cs Give, EL(vct. O?Portvvi,ItI Prov%c{er civ GJ Evlt?Lo�er. Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM Merit Appeals Board August 12, 2024 reconvene the meeting as provided in this section within thirty (30) minutes after an interruption to communication, the meeting shall be automatically terminated. 1) Call to Order 2) Addendum to Agenda (Requires four votes and must comply with Hawaii Revised Statutes § 92-7(d)) 3) Statements from the Public on Agenda Items — Oral testimony may be presented to the Board either at the outset of this meeting or immediately prior to the applicable agenda item. 4) Approval of Minutes (None.) 5) Director's Report o MAB Monthly Divisional Activity Report: August 2024 Executive Session: The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters, pursuant to HRS Sections 92-4 and 92-5(a)(4), for the purpose of 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 pursuant to HRS Section 92-4 is necessary to hold an executive meeting. 6) Communication(s) Communication No. 24-13: Received on July 25, 2024, from Appellant, appealing the following action by the County of Hawai`i's Office of the Mayor: An employment action taken under Chapter 76, Hawaii Revised Statutes. Board Action Required: Setting a hearing date and deadlines for submittal of documents. 7) New Business (for discussion and appropriate action) Discussion concerning Department of Human Resources, Title II — Rules of the Merit Appeals Board, Chapter 104 (Appeals), Section 104-2, Filing of Appeal. Executive Session: The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters, pursuant to HRS Sections 92-4 and 92-5(a)(4), for the purpose of 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 pursuant to HRS Section 92-4 is necessary to hold an executive meeting. Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM Merit Appeals Board 8) Unfinished Business (for discussion and appropriate action) August 12, 2024 Communication No. 24-06: Received on May 17, 2024, from Appellant, appealing the following action by the County of Hawai`i's Office of the Mayor: An employment action taken under Chapter 76, Hawaii Revised Statutes; and Communication No. 24-06.02, received on July 18, 2024, from Appellant's representative Joan Gallagher, Union Agent MCEC, HGEA/AFSCME Local 152, withdrawing the appeal. Board Action Required: Receive and close file. 10:00 A.M.: HEARING RE COMMUNICATION NO. 24-04 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 proceed concerning the merits of the appeal. Communication No. 24-04: Received on May 8, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-04.01, received on July 3, 2024, regarding Appellant's submittal of documents entitled, "Reorganization and Pay," Exhibits "A" —"M" and Witness List and Statements; and Communication No. 24-04.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "1" — "10"; Certificate of Service; and Communication No. 24-04.03, received on July 8, 2024, regarding Appellee's Witness List; Certificate of Service; and Communication No. 24-04.04, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. 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. Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM Merit Appeals Board August 12, 2024 2:00 P.M.: HEARING RE COMMUNICATION NUMBERS 24-05, 24-07, 24-08, 24-09, 24-10, 24-11, 24-12 Note: The hearing(s) concerns 1) the preliminary issue of whether the Merit Appeals Board (Board) has jurisdiction to hear the appeal(s), and 2) whether the appeal(s) can be consolidated with other appeals that raise the same classification/reclassification issue. If it is determined that the Board has jurisdiction, an additional hearing(s) will be scheduled concerning the merits of the appeal. Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the following matters listed below (Communication Nos. 24-05, 24-07, 24-08, 24-09, 24-10, 24-11, and 24-12), 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. COMMUNICATION NO. 24-05 Communication No. 24-05, received on May 16, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-05.01, received on July 5, 2024, regarding Appellant(s) submittal of document entitled, "Reallocation and Retroactive Pay" (Exhibits "1" — "91)"); and Communication No. 24-05.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "1" — "2"; Certificate of Service; and Communication No. 24-05.03, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-07 Communication No. 24-07, received on May 21, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-07.01, received on July 5, 2024, regarding Appellant(s) submittal of document entitled, "Reallocation and Retroactive Pay" (Exhibits "1" — "9D"); and Communication No. 24-07.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "I"; Certificate of Service; and Communication No. 24-07.03, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. COMMUNICATION NO. 24-08 Communication No. 24-08, received on May 21, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-08.01, received on July 5, 2024, regarding Appellant(s) submittal of document entitled, "Reallocation and Retroactive Pay" (Exhibits "1" — "9D"); and Communication No. 24-08.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "I"; Certificate of Service; and Communication No. 24-08.03, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-09 Communication No. 24-09, received on May 21, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-09.01, received on July 5, 2024, regarding Appellant(s) submittal of document entitled, "Reallocation and Retroactive Pay" (Exhibits "1" — "9D"); and Communication No. 24-09.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "I"; Certificate of Service; and Communication No. 24-09.03, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. COMMUNICATION NO. 24-10 Communication No. 24-10, received on May 21, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-10.01, received on July 5, 2024, regarding Appellant(s) submittal of document entitled, "Reallocation and Retroactive Pay" (Exhibits "1" — "9D"); and Communication No. 24-10.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "I"; Certificate of Service; and Communication No. 24-10.03, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM Merit Appeals Board August 12, 2024 COMMUNICATION NO. 24-11 Communication No. 24-11, received on May 21, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-11.01, received on July 5, 2024, regarding Appellant(s) submittal of document entitled, "Reallocation and Retroactive Pay" (Exhibits "1" — "9D"); and Communication No. 24-11.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "I"; Certificate of Service; and Communication No. 24-11.03, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. COMMUNICATION NO. 24-12 Communication No. 24-12, received on May 24, 2024, from Appellant, appealing the following action by the County of Hawai`i's Department of Human Resources: Classification or reclassification of a particular position; and Communication No. 24-12.01, received on July 5, 2024, regarding Appellant(s) submittal of document entitled, "Reallocation and Retroactive Pay" (Exhibits "1" — "9D"); and Communication No. 24-12.02, received on July 8, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction; Memorandum in Support of Motion; Declaration of Sherilyn K. Tavares; Exhibits "1" — "2"; Certificate of Service; and Communication No. 24-12.03, received on July 23, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction; Certificate of Service. Hawaii County Dept. of Human Resources 08/06/2024 12:09:15 PM Merit Appeals Board 9) Announcements 10) Schedule Next Meeting Date August 12, 2024 The Merit Appeals Board will convene its next meeting on Wednesday, August 28, 2024, at 9:30 a.m., at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720. 11) Adjournment If you need an auxiliary aid/service or other accommodation due to a disability, please contact Glynis Yamada at (808) 961-8361 or by email at Glynis. Yamadaghawaiicounty. ov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Submitting Written Testimony: The Board encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Board Members prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to Glynis. Yamadaghawaiicounty. ov, (2) facsimile to (808) 961-8617, or (3) mail to the Merit Appeals Board at 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720-4224. All written testimony, regardless of time of receipt, will be part of the permanent record. Board Packet: Pursuant to Hawaii Revised Statutes Section 92-7.5, the board packet provided to members of this board for this meeting is available for public inspection during regular business hours at 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720. If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist [Article 15, Section 2-91.3(b), Hawaii County Code]. A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." [Article 15, Section 2-91.3 (a)(6), Hawai`i County Code]. Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street, Hilo, Hawaii 96720.