HomeMy WebLinkAbout2024-10-04 Merit Appeals Board AgendaMitckeLL D. Rotel
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Hawaii County Dept. of Human Resources 09/27/2024 01:10:22 PM
County of Hawaii
Merit Appeals Board
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Agenda
October 4, 2024 (Friday)
9:00 a.m.
Hilo Council Chambers
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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:
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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.
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Hawaii County Dept. of Human Resources 09/27/2024 01:10:22 PM
Merit Appeals Board October 4, 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. 24-13
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, an additional hearing will be scheduled concerning the merits
of the appeal.
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; and
Communication No. 24-13.01: Received on August 29, 2024, from Appellant,
transmitting documents entitled "Representation and Correspondence." The Appellant
requests the following: 1) The hearing be delayed until the Appellant can obtain proper
legal counsel; and 2) Merit Appeals Board Chair, Gabriella Cabanas, be recused from
making any decisions involving Appellants appeal; and
Communication No. 24-13.02: Received on August 29, 2024, from Appellee regarding
Appellee's Position Statement; Exhibits "A" —"H".
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 09/27/2024 01:10:22 PM
Merit Appeals Board
4) Approval of Minutes
(None.)
5) Director's Report
o Departmental Staff Updates
October 4, 2024
o Update re Internal Complaint Procedures and Filing Appeals with the Merit
Appeals Board
6) Communication(s)
Communication No. 24-15, copy of letter from Rick Robinson, Chair, Police
Commission, to Sommer J. Tokihiro, Director, Department of Human Resources,
requesting the reclassification of the secretary position that currently serves both the
Police and Fire Commissions.
Board action required: Receive and close file.
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 Tuesday, November 26,
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.
Merit Appeals Board
Hawaii County Dept. of Human Resources 09/27/2024 01:10:22 PM
October 4, 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.