The URL can be used to link to this page

Home My WebLink About2025-01-16 Merit Appeals Board AgendaHawaii County Dept. of Human Resources 01/10/2025 09:11:12 AM County of Hawaii Merit Appeals Board fiL,cpL,cv L Gevtev , 101 PnLcnkl .Street .Suite 2 * HYLo, Hnvvni ig6�20 (gog) 9o1-gZol * F=ax (gog) Agenda C,abrCeLLa M. at?bv,as chazr �� MG�tGr2ws 1i�c2-CGr��x January 16, 2025 (Thursday) 8:30 a.m. Hilo Council Chambers 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.zoomgov.com/j/1619053928?pwd=hUCggJkl522UpYgtftiuLEfMZCLUaAE .1 Meeting ID: 161 905 3928 Passcode: Jan16MAB Dial in: Phone No: 1 669 254 5252 Meeting ID: 161 905 3928 Participant No: Press 4 Passcode: 65415665 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 Suz%gowd, Mewtber I mcaPi aouv,t� is av, EL(vc lL C?p?ortuv,it� ProvEcG er awG{ Evlt?Lo�er. Hawaii County Dept. of Human Resources 01/10/2025 09:11:12 AM Merit Appeals Board January 16, 2025 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 (None.) 6) Communication(s) (None.) 7) New Business (for discussion and appropriate action) Election of Merit Appeals Board Chair and Vice -Chair for calendar year 2025. 8) Unfinished Business (for discussion and appropriate action) A) Communication No. 24-02.05, received December 30, 2024, from Deputy Attorney General James E. Halvorson, transmitting the "Findings of Facts, Conclusions of Law and Order" concerning an appeal hearing held on April 25, 2024, regarding Communication No. 24-02, received on February 12, 2024, from Appellant, appealing the following actions by the County of Hawai`i's Department of Public Works: Recruitment and examination, classification or reclassification of a particular position, and initial pricing of class (of work). Board action required: Approval of the Findings ofFacts, Conclusions of Law 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 Hawaii County Dept. of Human Resources 01/10/2025 09:11:12 AM Merit Appeals Board January 16, 2025 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. B) Communication No. 24-03.22, from the Merit Appeals Board, dated December 3, 2024, to Ted Hong, Esquire, requesting he provide any compensation wages as it relates to Mr. Lyndon P. K. Turner's appeal hearing; and Communication No. 24-03.23, received on December 13, 2024, from Ted H. S. Hong, Esquire, on behalf of the Appellant, regarding the "Declaration of Lyndon P. K. Turner; Exhibit 1": and (Note: At the Merit Appeals Board meeting held on December 16, 2024, the above matters were postponed.) Communication No. 24-03.24, from the Merit Appeals Board, dated December 20, 2024, to Sommer J. Tokihiro, Director, Department of Human Resources; and Hugh Ono, P.E., Director, Department of Public Works, requesting their presence at the Merit Appeals Board meeting scheduled for January 16, 2025, to address concerns re compensation adjustments and other questions that may arise. 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. (Unfinished Business continues on the next page.) Merit Appeals Board Hawaii County Dept. of Human Resources 01/10/2025 09:11:12 AM January 16, 2025 C) 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". 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. The Appellant provided an update at its meeting held on November 26, 2024, and will provide an update at its meeting scheduled for January 16, 2025 (a future hearing date on the jurisdictional issue may be scheduled conditional upon whether the Appellant is able to obtain legal counsel). 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 01/10/2025 09:11:12 AM Merit Appeals Board January 16, 2025 9:00 A.M.: HEARING RE COMMUNICATION NO. 24-14 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; and Communication No. 24-14-03, received on December 12, 2024, from Ted H. S. Hong, Esquire, on behalf of the Appellant, regarding Appellant's Witness List; and Communication No. 24-14.04, received on December 12, 2024, from Ted H. S. Hong, Esquire, on behalf of the Appellant, regarding Appellant's Exhibit List; and Communication No. 24-14.05, received on December 12, 2024, from Appellee, regarding Appellee's Witness List; and Communication No. 24-14.06, received on December 12, 2024, from Appellee, regarding Appellee's Exhibit List; Exhibits "A" — "D". 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 Wednesday, February 12, 2025, at 10:00 a.m., at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720. Hawaii County Dept. of Human Resources 01/10/2025 09:11:12 AM Merit Appeals Board January 16, 2025 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.