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HomeMy WebLinkAbout2024-10-04 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii October 4, 2024 (Friday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 9:00 a.m. by Chair Gabriella M. Cabanas, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Friday, October 4, 2024. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair Ms. Suzi Bond, Member Mr. Charles Kunz, Member Mr. David A. Wiseman, Member (via Zoom) Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Sommer J. Tokihiro, Director, Human Resources Department Mr. James E. Halvorson, Deputy Attorney General, Office of the State Attorney General (via Zoom) Mr. Mark Disher, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. Rick Robinson, Chair, Hawaii County Police Commission (via Zoom) Mr. Tony Enriquez, Appellant (via Zoom) Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board October 4, 2024 Call to Order (Item 1) CHR. CABANAS: Calling the regular meeting of the Merit Appeals Board to order, on this day, October 4 h, 2024. We are situated in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. We have quorum today. All five Merit Appeals Board members are present. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board —and with me in the Council Chambers are Ms. Gay Mathews, our Vice -Chair. MS. MATHEWS: Good morning, everyone. CHR. CABANAS: And to my far left, Mr. Charlie Kunz. MR. KUNZ: Good morning. CHR. CABANAS: To my far right, Ms. Suzi Bond. MS. BOND: Good morning. CHR. CABANAS: And appearing via Zoom from Kona, Mr. David Wiseman. MR. WISEMAN: Good morning. CHR. CABANAS: Good morning, everyone. And to my immediate right, our Assistant Corporation Counsel, J Yoshimoto. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: To the back of me, our Secretary -Reporter, Ms. Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Good morning. And sitting in the Chambers with us are Mr. Disher, from the Office of the Corporation Counsel; Ms. Sommer Tokihiro, our Director of Human Resources; and appearing from Kona via Zoom, Mr. Rick Robinson. Good morning, Rick. MR. ROBINSON: Good morning. CHR. CABANAS: How are you? MR. ROBINSON: It's good to see you, Gabriella. CHR. CABANAS: Yes, it's good to see you, too. Page 2 Merit Appeals Board October 4, 2024 MR. WISEMAN: And my former Chairman on the Board of Ethics. CHR. CABANAS: And Mr. Robinson was our former MAB Chair for a number of years, way back, when I was working at the department, so it's nice to see. MR. ROBINSON: It's, kind of, interesting, Gabriella, we started off as the Civil Service Commission and then transitioned to the Merit Appeals Board. CHR. CABANAS: Yes. We've had so many changes with civil service reform back in 2002 so, that's many years ago. MR. ROBINSON: Yeah. CHR. CABANAS: Interesting times. MR. ROBINSON: Yes. CHR. CABANAS: Is there anyone else appearing via Zoom that I'm not seeing? No? Okay, I think that's it. Okay, so let's proceed with our agenda. Addendum to Agenda (Item 2) CHR. CABANAS: There's no addendum to the agenda. Statements from the Public (Item 3) CHR. CABANAS: Any "Statements from the Public" —Mr. Robinson, would you like to make a statement at this time or a little later? MR. ROBINSON: It's up to you, Gabriella, if you'd like for me to do my dog and pony show now or whenever you get to the communication you just tell me what you'd prefer? CHR. CABANAS: Okay, we can do it now. MR. ROBINSON: Okay. We had submitted, previously, a request for the redesignation of the secretarial position for the Police Commission. And I had read the Position Description for theoh, what do we call it —the Secretary. And then, I read the Position Description for the Secretary to Boards and Commissions. And my opinion, just reading it and looking at the comparison of the duties of the two —we are really for the Police Commission, more suited to the Secretary to the Boards and Commissions Position Description. Page 3 Merit Appeals Board October 4, 2024 There isin the letter that came back in response to my letter requesting reconsideration of that, I see that there was the discussion about workload versus change in scope. And with the addition of the Fire Commission to the Police Commission requirements for our secretarial position, I can understand that there may be a misperception that we were —in that it comes from the Police Commission requesting the redesignation because of workload, but it's really not. In reading both the Position Descriptions —it's my opinion that the Secretary for the Boards and Commissions is more suited to what our secretarial position does. They have they work independently, she doesn't have backup support. So, whenever we had to try to transition to a new secretarial position, there was no backup. And we had a period of time in which we lost meetings but that's not the important part. It's the high-level responsibilities that our Position Description has currently. Our laxI mean, there's —we have contested case hearings, we have reviews from officers, and request for legal representation. We have a lot of duties that our secretarial position has to organize for the Police Commission. And so, I just would like to ask for reconsideration from the Merit Appeals Board for that request for redesignation of the position to the Secretary, Boards and Commissions. And I'd like to ask if there's going to be a review of the position as stated in the letter that came back from the Human Resource Department —I'd like to request that I could, at least, have some input into that process and share the knowledge that I have regarding those duties. And that's my request to the Merit Appeals Board —is that, if there's going to be a review, I'd like to participate and I feel that is warranted for that redesignation. CHR. CABANAS: Okay, thank you, Mr. Robinson, for your statements today. Actually, knowing how the process works —having worked within the department —and also knowing the responsibilities of the Merit Appeals Board —it's actually your request is actually beyond our responsibilities as a Board. However, it is within the purview of the Human Resources Department to consider your request —and we have our Director of Human Resources, Sommer Tokihiro, here in our meeting today. So, she got to hear everything that you said and your request. And so, I'm going to defer that, as the Chair and for the Board, that she consider that. So, I want to thank you for your comments this morning. MR. WISEMAN: Madam Chair? CHR. CABANAS: Yes, Mr. Wiseman. MR. WISEMAN: Yeah. I'd like to know when it's deferred to the Human Resources, can it come along with a recommendation or not? Page 4 Merit Appeals Board October 4, 2024 CHR. CABANAS: The department can respond not only to the Board, but also to the Chair of the Police Commission. MR. WISEMAN: I see. CHR. CABANAS: So, it's coming, actually, to the Board for informational purposes. But it is within the realm of responsibility with the Department of Human Resources, and the Director is here this morning. So, she got to hear everything. Yes. MR. WISEMAN: Can we offer that it's the Board thinks, if we took a vote, and discuss it — that the Board thinks it's a good idea and refer that to the Director? CHR. CABANAS: No, because that's not within our responsibility. MR. WISEMAN: Okay. Thank you. CHR. CABANAS: Knowing —and saying, "no" --knowing the process of what's involved on their end as staff. So, I'm sure she will consider, Mr. Robinson, all the comments that you made this morning and your request, if she chooses to meet with you and her staff. MR. ROBINSON: I wouldI really thank you for that. I come to Hilo only every other month for the Police Commission, plus, I'm willing to make a special trip over to meet with Sommer and her staff, if at all possible. I just feel this is a very important function and I just feel that it's warranted. And if —and when I saw that, Gabriella, that you were Chair of the CommissionI knew that if anybody knows about (inaudible)if anybody knows about the rating of positions descriptionsI use to hear you give those ratings all the time and how you came at those previously —so I knew you would understand. And I'll reach out to Sommer if that's okay? CHR. CABANAS: Yes, that would be fine. MR. ROBINSON: Okay, thank you. CHR. CABANAS: So, Sommer, he's going to reach out to you or you can reach out to Mr. Robinson, as appropriate —and then, have a meeting with your staff. Yeah? She's acknowledging. She's shaking her head. MR. ROBINSON: Okay. CHR. CABANAS: Oh, nodding her head nodding her head this way. MR. ROBINSON: Yeah, okay. CHR. CABANAS: Okay, so anything else? Rick, anything else? Page 5 Merit Appeals Board October 4, 2024 MR. ROBINSON: No, just thank you for the time. I really appreciate it. And I'll try to work on this some more. CHR. CABANAS: Okay, very good. And nice seeing you, again. Take care. MR. ROBINSON: (Inaudible), all right, aloha. CHR. CABANAS: Aloha. And we also have Mr. Jim Halvorson from the Attorney General's Office appearing via Zoom. Mr. Halvorson is our Legal Counsel for appeal hearings. So, good morning, Jim thank you for joining us. MR. HALVORSON: Good morning, everybody. CHR. CABANAS: We are —we were receiving "Statements from the Public" —and that was Mr. Rick Robinson, Chair, of the Police Commission —when you joined in. 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, Hawai`i 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) CHR. CABANAS: Okay, following the agenda, we are now on the hearing regarding Communication Number 24-13. Page 6 Merit Appeals Board October 4, 2024 Now, this is a summary of the communication, but I just want to state that on the correspondence that Mr. Enriquez sent in, he's asking for the recusal of —and this is the name that he has in his letter to the Merit Appeals Board and to the Office of the Corporation Counsel, the name of "Gloria Cabanas" —so let the record reflect that. MR. WISEMAN: I move that we go into executive session for purposes of discussing these issues. CHR. CABANAS: Thank you. Any second? MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote for the Board to go into executive session. Ms. Gay Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Charlie Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Suzi Bond. MS. BOND: Aye. CHR. CABANAS: Mr. David Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Five ayes. Motion carried for the Board to enter into executive session and the time is 9:13 a.m. RECESS: The Chair called for a recess at 9:13 a.m. RECONVENE: The meeting reconvened at 9:34 a.m. in open session. 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, Hawai`i Revised Statutes; And Page 7 Merit Appeals Board October 4, 2024 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) CHR. CABANAS: Okay. We are now back in open session, having concluded our executive session. It is now 9:34 a.m.. And I'd like to welcome Mr. Tony Enriquez to our Merit Appeals Board meeting. (At this time, Mr. Tony M. Enriquez, Appellant, appeared via Zoom.) CHR. CABANAS: Good morning, Mr. Enriquez. MALE SPEAKER: You're muted. CHR. CABANAS: Good morning, Mr. Enriquez. This is Gabriella Cabanas — MR. ENRIQUEZ: Good morning. CHR. CABANAS: the Merit Appeals Board Chair. Okay, so we have in the Hilo Council Chambers four Board members —Ms. Gay Mathews, our Vice -Chair; Mr. Charlie Kunz and Ms. Suzi Bond; and sitting in via Zoom from Kona, is the fifth Board member, Mr. David Wiseman. And appearing via Zoom from Oahu is our Legal Counsel, Deputy Attorney General, Mr. James Halvorson. In the Chambers with us, also, is our Human Resources Director, Ms. Sommer Tokihiro; our Secretary -Reporter, Ms. Glynis Yamada; and Mr. Disher from the Office of the Corporation Counsel —he is the County's attorney for your case. Can you hear me loud and clear? MR. ENRIOUEZ: Yes. Page 8 Merit Appeals Board October 4, 2024 CHR. CABANAS: Thank you. So, Mr. Enriquez, your appeal form says that you want a closed hearing. Do you still want a closed hearing or do you want it open? Mr. Enriquez, can you hear me? MR. ENRIQUEZ: Yes. CHR. CABANAS: Oh, okay. MR. ENRIQUEZ: I didn't know what it meant by open and a closed hearing, so I just picked closed. CHR. CABANAS: Oh, okay. Well, I can explain it to you. A closed hearing means that no members of the public will be able to sit in and listen to what is being said in the course of the hearing. MR. ENRIQUEZ: Yeah, that's fine. CHR. CABANAS: Okay. So you still want a closed hearing —okay, very good. So, this hearing MR. ENRIQUEZ: By the "public" you mean anybody or just like any County worker, state worker —or is it just public in general? CHR. CABANAS: It's the public in general, but also excludes other employees. It would just be the Board, our Legal Counsel Mr. Halvorson, and our Secretary -Reporter, and the County attorney Mr. HalvorsonI'm sorry, Mr. Disher. MR. ENRIOUEZ: Yes. CHR. CABANAS: And Ms. Tokihirooh, not Ms. Tokihiro, she will be excluded. MR. ENRIQUEZ: Yeah, that's fine. CHR. CABANAS: Okay. So you still want a closed hearing? MR. ENRIOUEZ: Correct. CHR. CABANAS: Okay, very good. So, that —yeah, I would need a motion for the Board to enter into a closed hearing. MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MS. BOND: Second. Page 9 Merit Appeals Board October 4, 2024 CHR. CABANAS: Thanks, Ms. Bond. Any discussion? If not, I'll start a rollcall vote to enter into a closed hearing. Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Five ayes. Motion carried for the Board to enter into a closed hearing: RECESS: The Chair called for a recess at 9:38 a.m. RECONVENE: The meeting reconvened at 9:53 a.m. in open session. CHR. CABANAS: Now that the closed session for the Tony Enriquez hearing has concluded, we need to announce our decision in open session. So a motion needs to be made to concur with the Board's recommendation, and then a second, and a rollcall vote —so we need to do that, again. So, may I have a motion to concur with the Board's recommendation? MR. KUNZ: So moved. CHR. CABANAS: Second? MS. BOND: Second. CHR. CABANAS: Any discussion? I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. Page 10 Merit Appeals Board October 4, 2024 MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Five ayes. Motion carried. Okay? So, we will send a written letter to Mr. Enriquez notifying him of the continuance of his hearing to November 26 h with an update on the status of him obtaining legal counsel. Okay, anything else for Mr. Halvorson, otherwise, we will excuse him, `cause I know he's very busy on that end. If not, thank you, Jim, for all your help. MR. HALVORSON: You're entirely welcome. Have a good day and weekend. CHR. CABANAS: We'll see you November 26'? MR. HALVORSON: All righty. CHR. CABANAS: Okay, take care. MR. HALVORSON: All right —see you. Approval of Minutes (Item 4) CHR. CABANAS: Okay, going back to our agenda. There are no "Approval of Minutes." Director's Report (Item 5) Departmental Staff Updates; And Update Re Internal Complaint Procedures And Filing Appeals With The Merit Appeals Board CHR. CABANAS: We are now on the "Director's Report"so, we have Sommer coming up to the dais. (At this time, Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) Page 11 Merit Appeals Board October 4, 2024 Departmental Staff Updates CHR. CABANAS: So, we have two things, Sommer —one, is the "Departmental Staff Updates" that's the first listed on the agenda. MS. TOKIHIRO: Okay, good morning, everyone. We have had some staff movements within our office. So, we were fully staffed and now we're not —as is the challenge for a lot of our departments —and Human Resources is no exception. So, Lisa Nuniez who was hired into the role of HR Manager II for the Workers' Compensation Division —she started in February —she has since resigned and accepted another position within the County. So, we'll be recruiting to fill that HR Manager II position. One of our HR Assistants in our Recruitment and Examination Division resigned to accept a position with the Department of Finance, Vehicle Registration and Licensing Division. And then, we had an Admin. Assistant in our Admin. Services Division that wanted to learn more about recruitment, so she transferred into that position. And then, I had another staff member in our Workers' Compensation Division Office who took a voluntary demotion to accept the HR Assistant in the Admin. Services Division. So, some dominos resulting in the vacancy for the HR Manager II, for the Workers' Compensation Division, and then also a Workers' Compensation Claims Specialist position. So, we'll be recruiting for both of those. So, I am happy to see people accept different positions within our department and then for all of these movements I'm happy that we were able to retain these talented individuals with many years of experience within the County even if it's not within DHR. So, that was that update for you. Update Re Internal Complaint Procedures And Filing Appeals With The Merit Appeals Board MS. TOKIHIRO: And then, we have been talking about the due process notifications, particularly, given the appeals and the various complaints. So, we've finalized the "Internal Complaint Procedures & Filing Appeals with the Merit Appeals Board" chart, which you were provided (SEE ATT. A). And this informationa link to this chart is posted on the Department of Human Resources websiteinit has a related link where we also have information about the Merit Appeals Board and filing appeals with the Merit Appeals Board. So, we tried to make it as clear and —as clear as possible, so that it's an easy reference guide. Page 12 Merit Appeals Board October 4, 2024 We have HR Quarterly meetings with all of the HR Reps. in the County. So, at that meeting, we will also be notifying them that this information is posted online so that they'll be aware of it. They can provide it to employees, should they have questions. And then, we'll also be going over with them during the HR Quarterly —making sure that letters that the departments are sending out with notification of any kind of appeal rights that they're using the correct verbiage to match the Internal Complaint Procedures or the Rules of the Merit Appeals Board. So, just wanting to make sure that the language is consistent and standard based on the procedures and the Rules. So, trying to get the information out there to people on this standardized manner. So, that was one of the recommendations or request from the Board, so I just wanted to make sure you folks know that that had been completed and where the information is available. And then, you also received the regular report. MR. KUNZ: Before we go on, Sommer, I have a quick question? MS. TOKIHIRO: Sure. MR. KUNZ: The last part of the "What May Be Appealed"column. "Other employment actions" —and how it states that it would be "actions taken against employees excluded from collective bargaining" —so are those —what are examples of those? Like, contract employees or exempt employees, who MS. TOKIHIRO: So, contract employees are actually part —well, there's —for contract employees, if their contract is over a certain period of time, they do become part of a bargaining unit. But this would be for excluded managerial employees that are not part of a bargaining unit. So, our MR. KUNZ: Exempt employees —are there exempt employees? MS. TOKIHIRO: Exempt employees areso, for example, our —an exempt position is that relates to civil service status. So, for example, the Office of Housing —all of the positions in the Office of Housing are exempt, but they are included in the union. Yeah. So, this that last line would reference our excluded managerial —any positions that are excluded from —yeah. CHR. CABANAS: Should it read, "exempt employees?" MS. TOKIHIRO: No, they're not —because "exempt" relates to civil service status, not union representation because employees who are included are able to file grievances. Page 13 Merit Appeals Board October 4, 2024 CHR. CABANAS: Is this taken from the Rule? I can't remember. MS. TOKIHIRO: Yes. I believe this is from the Rules of the Merit Appeals Board. CHR. CABANAS: You have the Rules yeah, it's in 76-14, Number 4. It's, "...disciplinary actions and adverse actions for failure to meet performance requirements, taken against civil service employees"oh, yeah, she has it here —"who are excluded from collective bargaining..." Yeah, so the verbiage comes from 70—from the Merit Appeals Board, Rule 76-14, Number 4 yeah. MALE SPEAKER: (Inaudible.) MS. TOKIHIRO: Mission accomplished, then. MR. KUNZ: So remedial. CHR. CABANAS: Maybe the first box should say, "civil service employees" because civil service denotes their status. You have it in the second column. Well, the second box, "Who May Appeal" —it says, "Any county civil service employee..."so, it's clear there. The first box just says, "...taken against employees... "—I'm just being technical. It's just an HR thing on my behalf but —yeah. It's just that if you're a member —if somebody's looking at it —well, other employment actionsI'm trying to think here, now, because we've had people on IP file an appeal before MAB. MS. TOKIHIRO: Yeah, so they're able to file an appeal before MAB, but they're not a civil service employee. CHR. CABANAS: Okay, what —yeah, maybe we'll leave it —leave it like that. MS. TOKIHIRO: Yeah. It'swe just —we're trying to find a way to provide those clarifications because not everything is just for people who are in the civil service. CHR. CABANAS: And then it's above in the third —fourth box, "Discharge for failure to successfully complete an `initial probationary' period." So, that covers that. MS. TOKIHIRO: And then, also, in the very first box the "Civil service recruitment/examination"-that would be even applicants for County positions. CHR. CABANAS: Okay, any questions for the Director on the amended "Internal Complaint Procedures & Filing Appeals with the Merit Appeals Board?" Page 14 Merit Appeals Board October 4, 2024 MR. KUNZ: I have no further discussions. CHR. CABANAS: Okay. Anyone else? No? Okay. Thank you, Sommer. MS. TOKIHIRO: Okay. Thank you. CHR. CABANAS: Yeah, it looks good. Thank you very much for doing that. MS. TOKIHIRO: So, that's the end of my report. So, you guys have a great rest of your day. CHR. CABANAS: Okay. MS. TOKIHIRO: And great weekend. MR. KUNZ: Thank you. CHR. CABANAS: See you in November. MR. KUNZ: You as well. MS. TOKIHIRO: Okay. MS. MATHEWS: Happy Thanksgiving. CHR. CABANAS: Well, I still have to read the next communication, though, you may want to stay, for just for a minute. MS. TOKIHIRO: Okay. Communications (Item 6) Communication No. 24-15, Copy Of Letter From Rick Robinson, Chair, Police Commission, To Sommer I 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) CHR. CABANAS: So, we are now on "Communications" —Communication No. 24-15. So, we heard Mr. Robinson's statement made at the very beginning of our meeting today. So, it's not within our responsibility to act on it, but —well, there's no "but." So, thank you for doing the follow-up and the assessment as he has requested. So, may I have a motion to receive and file Communication number 24-15? MS. MATHEWS: So moved. Page 15 Merit Appeals Board October 4, 2024 CHR. CABANAS: Second? MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote on Communication number 24-15, starting with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Five ayes. Motion carried. Thank you very much. Thank you, Sommer, for coming today. MS. TOKIHIRO: Thank you. MR. KUNZ: Thank you. New Business (Item 7) CHR. CABANAS: Looking at the agenda, we do not have any "New Business." Unfinished Business (Item 8) CHR. CABANAS: No "Unfinished Business." Announcements (Item 9) CHR. CABANAS: Any "Announcements?" MR. WISEMAN: I have something I'd like to raise, again, for the Chair or the Secretary to make an inquiry to the unfinished decision that we heard several months ago. Page 16 Merit Appeals Board October 4, 2024 CHR. CABANAS: Yes, Mr. Wiseman. I have talked to Mr. Halvorson —and out of respect for him, I've been following -up with him verbally to find out what's happening with all of the decisions and order. The first one was Dean Fukuchihe said it'sI asked today and I asked him yesterday when I talked to him —it's being finalized. The other decisions and orders for Jo -Ann Tallett and the ladies from the Police Department — it's been received at the Hawaii Labor Relations Board. So, it's just to wait. I have been after him about the decisions and orders. MR. WISEMAN: Okay. Thank you. CHR. CABANAS: Yeah. Okay? No announcements? MR. WISEMAN: I have an announcement. CHR. CABANAS: Oh, yes, go ahead. Sure. MR. WISEMAN: Just a reminder to the Board that my resignation will be effective the end of the year. CHR. CABANAS: Yes, I am aware of that. MR. WISEMAN: Okay. My last meeting will be December. CHR. CABANAS: Okay. And I had followed -up with Pomai at the Mayor's Office —and they do have two perspective persons to succeed you and Ms. Gay Mathews. MR. WISEMAN: Very good. Thank you. CHR. CABANAS: Yes. Schedule Next Meeting Date (Item 10) 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 CHR. CABANAS: So, the next meeting date will be on Tuesday, November 26 h, 2024, at 9 a.m., at the Hilo Council Chambers of the Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Page 17 Merit Appeals Board October 4, 2024 Adjournment(Item 11) CHR. CABANAS: So, may I have a motion to adjourn today's meeting? MR. KUNZ: So moved. MS. BOND: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried. Today's meeting is adjourned at 10:13 a.m. and I'd just like to wish everyone safe travels, as I know some of you will be travelling. So, be safe, have fun, and we'll see you on your return. Respectfully submitted, Ike Glynis Yamada, Secretary-Reporter APPROVED: A.A.41.e..U.Ct—) Gabriella M. 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