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Home My WebLink About2024-09-19 Merit Appeals Board AgendaMitckeLL D. Rotel n eeor Hawaii County Dept. of Human Resources 09/13/2024 12:27:53 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 September 19, 2024 (Thursday) 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/1609595853?pwd=jzEQLfAZvM4ggTdBUbi8L3a7TsT2aR.1 Meeting ID: 160 959 5853 Passcode: Sepl9MAB Dial in Phone No: 1 669 254 5252 Meeting ID: 160 959 5853 Participant No: Press 9 Passcode: 54800683 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 reconvene the meeting as provided in this section within thirty (30) minutes after an interruption to communication, the meeting shall be automatically terminated. 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 09/13/2024 12:27:53 PM Merit Appeals Board September 19, 2024 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. 9:00 A.M.: HEARING RE COMMUNICATION NO. 24-03 Note: At its meeting held on August 28, 2024, the Merit Appeals Board (MAB) voted to hold this matter in abeyance and refer it to the Hawaii Labor Relations Board (HLRB) for their decision concerning whether MAB has jurisdiction to hear this appeal. If HLRB does not render its decision by September 19, 2024, the appeal hearing will be postponed to a future date, pending the receipt of their decision. Should HLRB determine that MAB has jurisdiction, the hearing will proceed concerning the merits of the appeal; however, if MAB does not have jurisdiction, the appeal will be dismissed. Communication No. 24-03, received on May 1, 2024, from Appellant, appealing the following actions by the County of Hawai`i's Department of Human Resources: Recruitment and Examination, and Classification or reclassification of a particular position; and Communication No. 24-03.01, received on June 10, 2024, regarding Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance; Memorandum in Support of Motion; Declaration of Sommer Tokihiro; Declaration of Justin C. Lee; Exhibits "A" —"V"; Certificate of Service; and Communication No. 24-03.02, received on June 10, 2024, regarding Appellee's Witness List; Certificate of Service; and Communication No. 24-03.03, received on June 10, 2024, regarding Appellee's Exhibit List; Exhibits "A" —"V"; Certificate of Service; and Communication No. 24-03.04, received on July 9, 2024, regarding Appellant's Notice of Appearance of Counsel; Certificate of Service; and (Communication No. 24-03.05 continues on the next page.) Merit Appeals Board Hawaii County Dept. of Human Resources 09/13/2024 12:27:53 PM September 19, 2024 Communication No. 24-03.05, received on July 10, 2024, regarding Appellant's Memorandum in Opposition to Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance, Dated June 10, 2024; Exhibits "1"; Declaration of Appellant; Certificate of Service; and Communication No. 24-03.06, received on July 11, 2024, regarding Appellant's First Amended Declaration of Appellant in Support of Appellant's Memorandum in Opposition to Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance Dated June 10, 2024, Dated July 10, 2024; Certificate of Service; and Communication No. 24-03.07, received on July 11, 2024, regarding Appellee's Reply in Support of Appellee's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Hold Proceedings in Abeyance; Certificate of Service; and (Note: The above matters were listed on the agenda or presented at the Merit Appeals Board meeting held on July 15, 2024. The Merit Appeals Board denied the Appellee's motion to dismiss for lack ofjurisdiction as well as its motion to hold the proceedings in abeyance.) Communication No. 24-03.08, received on July 25, 2024, regarding Appellee's First Supplemental Exhibit List; Exhibit "W"; Certificate of Service; and Communication No. 24-03.09, received on July 25, 2024, regarding Appellee's Pre -Hearing Brief, Certificate of Service; and Communication No. 24-03.10, received on July 25, 2024, regarding Appellee's Notice of Filing Petition for Declaratory Ruling with the Hawaii Labor Relations Board; Exhibit "A"; Certificate of Service; and Communication No. 24-03.11, received on July 30, 2024, regarding Appellant's Application for Issuance of Subpoenas; Declaration of Ted H. S. Hong; Exhibits "A" — "C"; Certificate of Service; and Communication No. 24-03.12, received on August 8, 2024, regarding Appellee's Motion to Continue; Memorandum in Support of Motion; Declaration of Justin C. Lee; Exhibits "A" —"B"; Certificate of Service; and Communication No. 24-03.13, received on August 14, 2024, regarding Appellant's Witness List; Certificate of Service; and (Communication No. 24-03.14 continues on the next page.) Hawaii County Dept. of Human Resources 09/13/2024 12:27:53 PM Merit Appeals Board September 19, 2024 Communication No. 24-03.14, received on August 14, 2024, regarding Appellant's Exhibit List; Certificate of Service; and Communication No. 24-03.15, received on August 15, 2024, regarding Appellant's Return of Service Signed Applications for Issuance of Subpoena's (reference Communication No. 24-03.11). (Note: The above matters were listed on the agenda at the Merit Appeals Board meeting held on August 28, 2024.) 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. 4) Approval of Minutes o June 25, 2024 (Regular Session) o June 25, 2024 (Closed Session) Review of Executive Session Minutes o June 25, 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. Hawaii County Dept. of Human Resources 09/13/2024 12:27:53 PM Merit Appeals Board 5) Director's Report o MAB Monthly Divisional Activity Report: September 2024 o Departmental Staff Updates September 19, 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. 24-14: Received on September 12, 2024, from Mr. Ted H. S. Hong, Esquire, on behalf of Appellant, appealing the following action by the County of Hawai`i's Fire Department: Recruitment and Examination. Board Action Required: Setting a hearing date and deadlines for submittal of documents. 7) New Business (for discussion and appropriate action) (None.) 8) Unfinished Business (for discussion and appropriate action) (None.) 9) Announcements 10) Schedule Next Meeting Date The Merit Appeals Board will convene its next meeting on Friday, October 4, 2024, at 9:00 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. Hawaii County Dept. of Human Resources 09/13/2024 12:27:53 PM Merit Appeals Board September 19, 2024 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.