HomeMy WebLinkAbout2024-11-26 Merit Appeals Board AgendaMitckeLL D. Rotel
n eeor
Hawaii County Dept. of Human Resources 11/20/2024 12:28:14 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
November 26, 2024 (Tuesday)
9:00 a.m.
Hilo Council Chambers
C,c nMeUca 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:
Join ZoomGov Meeting
https://www.zoom2ov.com/i/1602904501?pwd=4zEalyiyzTKH7NIVpLNb2TK4PcVacl8.1
Meeting ID: 160 290 4501
Passcode: Nov26MAB
Dial by your location
Phone No: 1 669 254 5252
Meeting ID: 160 290 4501
Participant No: Press #
Passcode: 91543185
To unmute: *6
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??ortvvi,ItI Prov%c{er civ GJ Evlt?Lo�er.
Hawaii County Dept. of Human Resources 11/20/2024 12:28:14 PM
Merit Appeals Board November 26, 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. 24-14
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. 24-14, received on September 12, 2024, from
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; and
Communication No. 24-14.01, received on October 28, 2024, from Appellant, regarding
Appellant's Supplemental Exhibit "3" in Support of Appellant's Appeal to the Merit
Appeals Board Submitted on September 12, 2024; Exhibits "3"; and
Communication No. 24-14.02, received on October 29, 2024, from Appellee, regarding
Appellee's Statement of No Opposition to the Jurisdiction of the Merit Appeals Board to
Hear this Appeal.
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 11/20/2024 12:28:14 PM
Merit Appeals Board November 26, 2024
HEARING RE COMMUNICATION NO. 24-03
(To convene following the hearing on Comm. No. 24-14)
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.
At its meeting held on September 19, 2024, MAB was informed that HLRB
determined that the Board has jurisdiction to hear this appeal; however, MAB will
await the official written decision from HLRB. In anticipation of receipt of the
decision, a hearing on the merits of the appeal was scheduled for November 26, 2024.
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, 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 continues on the next page.)
Merit Appeals Board
Hawaii County Dept. of Human Resources 11/20/2024 12:28:14 PM
November 26, 2024
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, received on August 14, 2024, regarding Appellant's
Exhibit List; Certificate of Service; and
(Communication No. 24-03.15 continues on the next page.)
Merit Appeals Board
Hawaii County Dept. of Human Resources 11/20/2024 12:28:14 PM
November 26, 2024
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); and
Communication No. 24-03.16, received on August 26, 2024, regarding Appellant's
Memorandum in Opposition to Appellee's Motion to Continue Dated August 8, 2024;
Declaration of Ted H. S. Hong; and
(Note: The above matters were listed on the agenda or presented at the
Merit Appeals Board meeting held on August 28, 2024.)
Communication No. 24-03.18, received on September 20, 2024 regarding
Appellant's Second Application for Issuance of Subpoenas; Declaration of Ted H. S.
Hong; Exhibits "D" — "E"; and
Communication No. 24-03.19, received on October 28, 2024, regarding Appellant's
Amended Exhibit List; Exhibit "10"; and
Communication No. 24-03.20, received on November 18, 2024, regarding
Appellant's Return of Service Signed Applications for Issuance of Subpoena's
(reference Communication No. 24-03.18); and
Communication No. 24-03.21, received on November 19, 2024, regarding the
Hawaii Labor Relations Board Declaratory Ruling and Order.
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 11/20/2024 12:28:14 PM
Merit Appeals Board
4) Approval of Minutes
o July 15, 2024 (Regular Session)
o August 12, 2024 (Regular Session)
November 26, 2024
o August 12, 2024 (Closed Session/Comm. No. 24-13, 1 of 2)
o August 12, 2024 (Closed Session/Comm. Nos. 24-05 and 24-07 through 24-12,
2 of 2)
o August 28, 2024 (Regular Session)
Review of Executive Session Minutes
o July 15, 2024: Director's Report (1 of 3)
o July 15, 2024: Comm. No. 24-03 (2 of 3)
o July 15, 2024: FY2024-2025 Annual Performance Evaluation (3 of 3)
o August 12, 2024: Director's Report (1 of 3)
o August 12, 2024: Comm. No. 24-04 (2 of 3)
o August 12, 2024: Comm. Nos. 24-05 and 24-07 through 24-12 (3 of 3)
o August 28, 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.
5) Director's Report
o MAB Quarterly Reports: July through September 2024
o MAB Monthly Divisional Activity Report: October 2024
o MAB Monthly Divisional Activity Report: November 2024
6) Communication(s)
(None.)
6
Hawaii County Dept. of Human Resources 11/20/2024 12:28:14 PM
Merit Appeals Board
7) New Business (for discussion and appropriate action)
(None.)
8) Unfinished Business (for discussion and appropriate action)
November 26, 2024
Note: At the Merit Appeals Board (Board) hearing held on October 4, 2024, it was
established that the Appellant desired to obtain legal counsel before proceeding on the
jurisdictional issue. The Board agreed and requested the Appellant provide an update
on the status of obtaining legal counsel at its next meeting scheduled for November
26, 2024 (a future hearing date on the jurisdictional issue may be scheduled
conditional upon whether the Appellant is able to obtain legal counsel).
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.
9) Announcements
10) Schedule Next Meeting Date
The Merit Appeals Board will convene its next meeting on Monday, December 16,
2024, time to be determined, at the Hilo Council Chambers, Hawaii County Building,
25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720.
Hawaii County Dept. of Human Resources 11/20/2024 12:28:14 PM
Merit Appeals Board November 26, 2024
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.
8