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HomeMy WebLinkAbout2025-03-13 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii March 13, 2025 (Thursday)) 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 Thursday, March 13, 2025. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Suzi Bond, Vice -Chair Ms. Gay Mathews, Member Mr. Daniel "Niel" Thomas, Member 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, Department of the Attorney General (via Zoom) Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel Mr. Ted. H. S. Hong, Esquire, Attorney at Law Mr. Lyndon P. K. Turner, Automotive Storekeeper (TA to Construction Equipment Repair Supervisor 11), Public Works Department Mr. Jonah Kaye, Water Safety Officer II, Fire Department (via Zoom) Mr. John Kaye, Public Member Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board March 13, 2025 Call to Order (Item 1) CHR. CABANAS: Good morning, everyone. The regular meeting of the Merit Appeals Board is called to order at 9 a.m. on this day, March 13, 2025. We have quorum today. We have four Board members —and we have a new Board member, Mr. Daniel "Niel" Thomas, seated at the right. Good morning, Niel. MR. THOMAS: Good morning, Madam Chair, it's a pleasure to be here. CHR. CABANAS: We are very happy to have you on board. MR. THOMAS: I'm known as "Niel" because of the curious spelling, "N i e I" —if you take the "D a" off my given name, "Daniel" that's how I'm known. CHR. CABANAS: Okay, so we will refer to you as "Niel" welcome. And our other Board members are to my left, Suzi Bond, our Vice -Chair. MS. BOND: Good morning. CHR. CABANAS: And to the far left, Ms. Gay Mathews. MS. MATHEWS: Good morning. CHR. CABANAS: And Gay is this is her last day on the Merit Appeals Board. She has been a "holdover" for 90 days as allowed by Rule —and we were waiting for Niel to come on board. And so, today is Gay's last day on the Merit Appeals Board. So, thank you so much, Gay, for all that you've done. MS. MATHEWS: Thank you. CHR. CABANAS: And seated to my right is our Assistant Corporation Counsel MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: Good morning. And we have our Secretary -Reporter by the MS. YAMADA: Good morning. CHR. CABANAS: oh, J Yoshimoto. Thank you. J Yoshimoto, our Assistant Corporation Counsel, and our Secretary -Reporter is Glynis Yamada —good morning, Glynis. And seated in the gallery are two, four, six individuals. I'll start with the Director of Human Resources, Sommer Tokihiro; Mr. John Kaye; Mr. Justin Lee from the Office of the Corporation Page 2 Merit Appeals Board March 13, 2025 Counsel; Ms. Sherilyn Tavares from the Office of the Corporation Counsel; Mr. Lyndon P. K. Turner, employee from Public Works; and Mr. Ted Hong, his attorney. And appearing via Zoom is our Deputy Attorney General. He is our Legal Counsel from the Attorney General's Office, and he's our Counsel for appeal hearing matters. And Mr. Kaye is notoh, there you are. And we also have Mr. Jonah Kaye, employee, from the Hawaii Fire Department. We are situated in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Addendum to Agenda (Item 2) CHR. CABANAS: We do have an addendum to the agenda. And it is Communication number 24-14—it's the Appellant's Notice of Objection to the Merit Appeals Board's Finding of Fact, Conclusion of Law and Order, dated March 13, 2025, along with a Certificate of Service. So, we will take that up a little later. Okay. Statements from the Public (Item 3) CHR. CABANAS: Are there any "Statements from the Public" at this time? Approval of Minutes (Item 4) CHR. CABANAS: If not, we don't have any "Minutes" to approve. Director's Report (Item 5) MAB Monthly Divisional Activity Report: March 2025 CHR. CABANAS: We do have a "Director's Report" but we also have a lot of "Unfinished Business" under Number 8 on the agenda. So, Board members, what is your preference —should we take the "Unfinished Business" first or should we do the "Director's Report" as listed on the agenda? MS. MATHEWS: I'd like to suggest —particularly for Ms. Tokihiro's benefit, that we delay unless it messes with her schedule —and take it after we take care of the other people in the room. Thank you. CHR. CABANAS: Okay. So, is here a motion, please? MS. MATHEWS: So moved. CHR. CABANAS: Second? MS. BOND: I second. Page 3 Merit Appeals Board March 13, 2025 CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote to take the "Unfinished Business" first —out of order —and then, we'll proceed on following the agenda items. So, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Yes —aye. CHR. CABANAS: And Ms. Cabanas —aye. Motion carried. Okay, so we will go to Number 8—"Unfinished Business." Unfinished Business (Item 8) A) Communication No. 25-01, Received February 18, 2025, From Deputy Attorney General James E. Halvorson, Transmitting The "Finding Of Fact And Conclusions Of Law; Decision And Order," Concerning The Appeal Hearing Held On November 26, 2024, Regarding Communication No. 24-03, Received On May 1, 2024, From Appellant, Appealing The Following Actions By The County Of Hawai`i's Human Resources Department: Recruitment And Examination, And Classification Or Reclassification Of A Particular Position (Board Action Required: Approval Of The Finding Of Fact And Conclusions Of Law; Decision And Order; and Communication No. 25-01.01, Received On February 20, 2025, From Ted H. S. Hong, Esquire, On Behalf Of Appellant, Requesting This Matter Be Delayed Until His Arrival At The Meeting — Exhibit "l" (Due To A Scheduling Conflict) (Note: The Communications Listed Above Were Postponed To Its Next Meeting Scheduled For March 13, 2025); and Communication No. 25-01.02, Received On March 5, 2025, From Deputy Attorney General James E. Halvorson, Transmitting A Revised "Finding Of Fact, Conclusions Of Law, And Order." The Revisions Were Discussed And Approved At The Merit Appeals Board Meeting Held On February 25, 2025 (Board Action Required: Approval Of The Revised Finding Of Fact, Conclusions Of Law, And Order) Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, 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 Page 4 Merit Appeals Board March 13, 2025 CHR. CABANAS: And, of course, we also have Communication number 24-14—where the Appellant —it's the Appellant's Notice of Objection to the Merit Appeals Board's Findings of Fact, Conclusions of Law, and Order, dated March 13, 2025. Okay, so Glynis has advised me that Communication number 24-14 is now listed as 25-01.03—for your reference. Okay. So, shall I read the revised Order as our starting point of discussion for Lyndon P. K. Turner? (At this time, Mr. Lyndon P. K. Turner, Automotive Storekeeper (TA to Construction Equipment Repair Supervisor II), Public Works Department, and Mr. Ted H. S. Hong, Legal Counsel for Mr. Turner; and Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel, and Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) MR. HONG: So, good morning, Madam Chair, Members of the Board. CHR. CABANAS: Good morning, Mr. Hong. MR. HONG: My name is Ted Hong, I represent Lyndon P. K. Turner, who's sitting to my left. We've actually had CHR. CABANAS: Ted, can you speak —excuse me, can you speak more closely to the mic.? MR. HONG: Sorry. CHR. CABANAS: Thank you. MR. HONG: Getting over a cold, too, so —we've had the opportunity to read through Communication 25-01.02, which is the transmittal of a Proposed Finding of Fact, Conclusions of Law, and Order, dated March 5 h, 2025 or received on March by Human Resources on March 5 h, 2025. We've had the opportunity to read through it, discussed it with my client. We have no objections to the Order, as written. CHR. CABANAS: Okay. Mr. Lee, any comments? MR. LEE: No comments. Thank you. CHR. CABANAS: Okay. So, everyone has had the chance to read the Decision and Order for Mr. Turner. MR. HONG: That's correct. CHR. CABANAS: Okay. So, Board members, do you —have you had the chance to review the Decision and Order? Okay, everyone nods their head, for the record. Page 5 Merit Appeals Board March 13, 2025 Okay, so do I have a motion to approve the Decision and Order —well, yeah to approve it as written —as revised. MS. MATHEWS: So moved. MS. BOND: I'll second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Aye. CHR. CABANAS: Ms. Cabanas —aye. Motion carried. So, the Finding of Fact, Conclusions of Law, and Order has been approved. So, we will sign that after the meeting. Okay, moving along. Good luck, Mr. Turner. B) Communication No. 25-02, Received February 18, 2025, From Deputy Attorney General James E. Halvorson, Transmitting The "Finding Of Fact And Conclusions Of Law; Decision And Order," Concerning The Appeal Hearings Held On January 16 And January 30, 2025, Regarding Communication No. 24-14, Received On September 12, 2024, From Appellant, Appealing The Following Action By The Fire Department: Recruitment And Examination (Board Action Required: Approval Of The Finding Of Fact And Conclusions Of Law; Decision And Order); and Communication No. 25-02.01, Received On February 20, 2025, From Ted H. S. Hong, Esquire, On Behalf Of Appellant, Requesting This Matter Be Delayed Until His Arrival At The Meeting — Exhibit "l" (Due To A Scheduling Conflict) (Note: The Communications Listed Above Were Postponed To Its Next Meeting Scheduled For March 13, 2025); and Communication No. 25-02.02, Received On March 5, 2025, From Deputy Attorney General James E. Halvorson, Transmitting A Revised "Finding Of Fact, Conclusions Of Law, And Order." The Revisions Were Discussed And Approved At The Merit Appeals Board Meeting Held On February 25, 2025 (Board Action Required: Approval Of The Revised Finding Of Fact, Conclusions Of Law, And Order) (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, 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 Page 6 Merit Appeals Board March 13, 2025 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: So, we are now on Number B, Communication number 25-02. I've been advised by Glynis that what I mentioned earlier is not correct —pertaining to the Communication number 24-14it should be number 25-01.0I'm sorry25-02.03, and this pertains to Jonah Kaye02.03so, we'll start with Communication number 25-02. (At this time, Mr. Jonah Kaye, WSO II, Fire Department, appearing via Zoom, and Mr. Ted H. S. Hong, Legal Counsel for Mr. Kaye; and Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel, and Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) CHR. CABANAS: And then, of course, we have the latest communication from Mr. Hong, 25-02.03, where the Appellant's Notice of Objection to the Merit Appeals Board's Findings of Fact, Conclusions of Law and Order, dated March 13, 2025, along with the Certificate of Service. Mr. Hong, do you want to state all your concerns, for the record. MR. HONG: Thank you. I would note that my client, Mr. Kaye, is appearing by Zoom. In addition to the objections that we noticed, we put in our "Notice of Objections"I would note that in the Turner Lyndon case —Lyndon Turner case the Board had indicated it was giving a remedy that was prospective —forward moving. However, in this case, for some reason regarding the cancellation of the recruitment —now it's actually being imposed retroactive. We would encourage the Board to look at it prospectively in that, with respect to my client, the remedy should be that he be given or reinstated to his WSO III position. And then, in our "Notice of Objections" we listed some of the other concerns we had with the remedy or the Order. We're not here, necessarily, to talk about or object regarding the Findings and Conclusions, necessarily; however, the implementation of the Board's Order could essentially moot out my client's appeal, in a sense that he would be ineligible for the position, which I think is not the purpose of our appeal. My client appealed as an individual. He wasn't appealing as a class or on behalf of anybody else. But the Order may have the effect of having other employees or co-workers elevated to the position and he'd be locked out, which I think is still fundamentally unfair. So, we would ask, obviously, the Board to reconsider that part or I think everybody knows what our next step would be after that. Thank you. CHR. CABANAS: Thank you, Mr. Hong. Ms. Tavares, any comments or concerns? Page 7 Merit Appeals Board March 13, 2025 MS. TAVARES: Thank you. Quite frankly, the County agrees with a lot of the content of Mr. Hong's filing this morning with regards to the objections. As proposed, the Order clearly exceeds the scope of authority that MAB has with restructuring what was, essentially, an agreement reached via HRS 89-5 with regards to the Collective Bargaining Agreement. And I think the Order is —lacks in sufficiency with regards to its Findings. There are findings in here that are completely contrary to the hearings that were had specifically, with regards to paragraphI guess it would be Paragraph 3, on page 2, where MAB is listing the reason for cancellation that is not what Director Tokihiro testified to. The reason for the cancellation was, essentially, a remedy for a Chapter 89 grievance that was filed and approved by HGEA and the County. And what the Board is effectively attempting to do with this Order is go beyond the scope of jurisdiction that this Board has. And indicating in here the reason for the cancellation was the failure of Respondent to properly apply the 5% relatively equal provision that is not what she testified to. The reason for the cancellation needs to be clear that it was the "remedy" that was reached in a grievance proceeding and the grievance, itself, was based on non -selection for a promotion as a result of a violation of the contract in the selection process —and that is specifically what she testified to. Furthermore, as noted in Mr. Hong's memo this morning, fashioning a remedy to now have HFD go back and apply 5% relatively equal provision —again, is beyond the scope of jurisdiction of MAB because you're effectively attempting to dictate what is governed by the Collective Bargaining Agreement and labor laws —and it's very concerning. And I think, likewise, as Mr. Hong indicated the County will be taking the next step as well, should the Board proceed with the Order as it is written. Furthermore, on page 3, the very first line at the top, it says, "...Respondent's documentation circulated to its employees, it is (sic.) noted as a demotion for Appellant" there was not a single document that was provided that had that language on there. So, I'm not sure where the Board is making that finding or what that is in relation to —but it completely contradicts the facts and the testimony that was had at the hearing. There is no documentation with the word "demotion" on it —at least, that was presented to the Board. CHR. CABANAS: I thought Mr. Kaye, in his testimony, said there was a newsletter or something that said it was a demotion and that's how the employees were ridiculing him. MS. TAVARES: I think, with all due respect, there was some feelings and overstatement of that, but to put it as a Finding of Fact when we haven't seen an actual document that has that Page 8 Merit Appeals Board March 13, 2025 language, but it's in relation to the Personnel Order, as the Board noted —and I acknowledged I didn't provide the original. CHR. CABANAS: Mm. MS. TAVARES: I asked the Fire Department for the original —and the difference was that the original just had the four individuals, be amended, indicated everyone's repositioning because as a part of the promotion, some peoples' assignments were changed. And so, they needed to be relocated as well to the prior beach, I guess, you could call it —that they were located at. So, the amended version just simply had eight people who were impacted due to the recruitment. CHR. CABANAS: Mm-hmm. MS. TAVARES: So, this language that there is an actual documentation that was circulated indicating that Mr. Kaye was demoted, it —kind of, is far-reaching. I just want to point that out to the Board and you can make a decision as to what you want to do with that, but I just don't think that that is an accurate finding based on the facts that were presented. And the other thing that I'm quite alarmed about is really what Mr. Hong addresses in his memo —and that is that the remedy that the Board is suggesting need be applied, is going to effectively impact Mr. Kaye even greater if he is not part of the individuals who will, essentially, be promoted because of the application of the 5%—that is within the jurisdiction, again, of Collective Bargaining Agreement and labor laws. The remedy that was reached, while we were precluded from going into details —it has to do with alleged violation of the Collective Bargaining Agreement —and that, I thought was made clear during the hearing, it was not about the 5% there was a lot more that was litigated, adjudicated —whatever words you want to apply in that process —in the grievance process. And the statute that authorizes MAB and gives MAB jurisdiction, essentially limits MAB's jurisdiction. And I would just point to HRS 76-14and it says, "MAB shall not act on an appeal but shall defer to the authority "specifical ly, in this case, that authority is the grievance procedure under the Collective Bargaining Agreement —and a remedy was reached —and MAB is, essentially, overturning that. So, we're objecting to the contents of it. We agree with the objections that Mr. Hong has presented to the Board this morning regarding MAB's jurisdiction and that's just the position that we have at this time. CHR. CABANAS: Okay, thank you. Mr. Hong. MR. HONG: Madam Chair, if I may briefly. I think the Board —it has three options the first option would be to, obviously, take on this —or adopt the proposed Findings of Fact, as circulated; the second option would be to attempt —based on our objections to rewrite it and submit it at a later time; or the third option —and I hate to volunteer myself and Ms. Tavares, but Page 9 Merit Appeals Board March 13, 2025 the Board could order the parties to submit a proposed Order, proposed Findings of Fact and Conclusions of Law —and then, with Mr. Halvorson's help and the Board, could then re —take our two drafts and then the Board's draft —and come up with another draft. But that's how I see the options that are available to the Board. CHR. CABANAS: Okay, thank you. MR. HONG: Thank you. CHR. CABANAS: Any questions or comments, Board members, at this time? Mr. Halvorson, can you please advise the Board or if we need to go into executive session to discuss further? MS. BOND: Jim, you're muted. MR. HONG: Jim, you're muted. CHR. CABANAS: You're muted. MR. HALVORSON: I'm sorry. Sorry about that —can you hear me now? CHR. CABANAS: Yes, thank you. MR. HALVORSON: This discussion about the Board exceeding its authority because of the Collective Bargaining Agreement that was made between the Union and the Employer, during the hearing on the merits they did not present that agreement. Why it was presented was the testimony of the Director that says this is the reason that we overturned the recruitment. There was nothing before the Board about any agreement other than that. So, to the extent that they're now raising this they are raising this issue that this violated some kind of agreement I think they waived it. CHR. CABANAS: Could you elaborate a little bit more —who waived what? What did they waive? MR. HALVORSON: Their testimony concerning the reasons for overturning the recruitment was from the Director of the Human Resources —and all she said was the reason they did it was because the Union claimed we had not properly applied the 5% or the relative equal rule. There was no evidence presented in terms of what the actual agreement with the Union was, so that wasn't before the Board —and I don't think you were asked to rule on the validity of the agreement. CHR. CABANAS: No. MR. HALVORSON: You were being asked to rule on the legitimacy of overturning the recruitment and the reasons given by —for that, were given by the Director. Page 10 Merit Appeals Board March 13, 2025 CHR. CABANAS: Board members, do you have questions? Otherwise, we should go into executive session. MS. MATHEWS: I think the executive session is (inaudible). CHR. CABANAS: Okay. Can I have a motion to go into executive session, please? MS. MATHEWS: So moved. MS. BOND: Second. CHR. CABANAS: Oh, before we do MS. TAVARES: Yeah, can I just make a brief statement— CHR. CABANAS: (inaudible) brief pause on that. Ms. Tavares, go ahead. MS. TAVARES: It says on page 2 in the "Findings of Fact"—"... as a result of a grievance and its resulting settlement with""(HGEA), the" DHR Director "agreed to cancel the" recruitment." So to now, basically, say you're not saying that when it's written here in black and white is concerning. That's all I have to say. It's written in the proposed Order. CHR. CABANAS: Well, that's just a general statement. It —we didn't go into the settlement as —as the testimony was provided, the details of the agreement were not shared because you couldn't. MS. TAVARES: Because that's not appropriate. CHR. CABANAS: That's correct. But you still kept on referencing the settlement per se. MS. TAVARES: Well, that is the that was the remedy. And, again, it's in your Findings of Fact— CHR. CABANAS: Yeah. MS. TAVARES: that as a result of the grievance CHR. CABANAS: Mm-hmm. MS. TAVARES: settlement CHR. CABANAS: Mm-hmm. Page 11 Merit Appeals Board March 13, 2025 MS. TAVARES: That was the basis for cancelling the recruitment. CHR. CABANAS: Mm-hmm. Isn't that correct? MS. TAVARES: Yes. CHR. CABANAS: Yeah, that's correct. Well, let us go into executive session so that we can discuss and MR. HONG: And just so my position is clear. We're only contesting and we're only objecting about the Order part of the Findings of Fact, Conclusions of Law, and Order —because the way the Order's written that would negative that has the potential of negatively impacting my client that —meaning that he'll be locked out of a position that's the only reason why we're objecting. CHR. CABANAS: Okay. So, we have a motion and we have a second. Any discussion? If not, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried for the Board to go into executive session. The Hilo Council Chambers will be secured. All parties, other than the Board and our Secretary and Legal Counsel will remain. RECESS: The Chair called for a recess at 9:29 a.m. RECONVENE: The meeting reconvened at 10:41 a.m. in open session. Page 12 Merit Appeals Board March 13, 2025 B) Communication No. 25-02, Received February 18, 2025, From Deputy Attorney General James E. Halvorson, Transmitting The "Finding Of Fact And Conclusions Of Law; Decision And Order," Concerning The Appeal Hearings Held On January 16 And January 30, 2025, Regarding Communication No. 24-14, Received On September 12, 2024, From Appellant, Appealing The Following Action By The Fire Department: Recruitment And Examination (Board Action Required: Approval Of The Finding Of Fact And Conclusions Of Law; Decision And Order); and Communication No. 25-02.01, Received On February 20, 2025, From Ted H. S. Hong, Esquire, On Behalf Of Appellant, Requesting This Matter Be Delayed Until His Arrival At The Meeting — Exhibit "l" (Due To A Scheduling Conflict) (Note: The Communications Listed Above Were Postponed To Its Next Meeting Scheduled For March 13, 2025); and Communication No. 25-02.02, Received On March 5, 2025, From Deputy Attorney General James E. Halvorson, Transmitting A Revised "Finding Of Fact, Conclusions Of Law, And Order." The Revisions Were Discussed And Approved At The Merit Appeals Board Meeting Held On February 25, 2025 (Board Action Required: Approval Of The Revised Finding Of Fact, Conclusions Of Law, And Order) (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, 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: We are now back in open session at 10:41 a.m. The Merit Appeals Board had a long discussion in our executive session, and so I would like to entertain a motion, as we discussed, on the actual remedy or Order MR. THOMAS: Do we first need to move out of executive session? CHR. CABANAS: We did. MR. THOMAS: We did that —okay. CHR. CABANAS: We did. Yeah, we did thank you, though, for checking. So, may I have a motion to address what we discussed in the executive session and the revised remedy listed under number —Roman 3, Order —on page 3. Oh, I'm sorry —page 4. Page 4 of the remedy —of the Order. MS. BOND: Okay. I move that we accept the Finding of Fact, Conclusion of Law, and Order, with the change made to page 4-the find the first paragraph that says instead, if they ae the new selectee, comma, their new probationary period shall be effective the date of their promotion." Page 13 Merit Appeals Board March 13, 2025 MR. THOMAS: Second. CHR. CABANAS: Thank you. Any discussion? Okay, if not, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried to approve the revision made to the remedy, as described in the Order. Now, may I have a motion to approve the Order as revised? MS. MATHEWS: So moved. MS. BOND: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motoin carried. Mr. Hong? MR. HONG: (Inaudible.) Page 14 Merit Appeals Board March 13, 2025 CHR. CABANAS: Yes, and Conclusions of Law and the Order, and as revised `cause we did make one revision to the Order on page 4. But our decision stands, as described. MR. HONG: (Inaudible.) CHR. CABANAS: Okay, you will both receive, Mr. Hong and Ms. Tavares, a certified copy of the revised Finding of Fact, Conclusion of Law and Order —certified mailing to you from Glynis. And we will sign the Order today. MR. HONG: Thank you very much. MS. TAVARES: Thank you. CHR. CABANAS: Thank you for your time. Thank you. Jim? MR. HALVORSON: Yes. CHR. CABANAS: Okay, thank you. So, we're going to sign the Decision and Order today. MR. HALVORSON: Okay. CHR. CABANAS: And then, Glynis will send you a copy. MR. HALVORSON: Okay, great. CHR. CABANAS: And thank you so much for all of your help. MR. HALVORSON: Okay. Are you done with me for the day? CHR. CABANAS: Yes, I think we are. MR. HALVORSON: Okay. CHR. CABANAS: Thank you. MS. BOND: Thank you. MS. MATHEWS: Thanks, Jim. MR. HALVORSON: All right. Ms. Mathews, good luck to you. Thanks for participating (inaudible). MS. MATHEWS: Thank you. Page 15 Merit Appeals Board March 13, 2025 CHR. CABANAS: And, Jim, since we have you —can you check with HLRB what's the status on the police appeals? MR. HALVORSON: Yeah. I'm not very encouraged based on the decision they made in the Maui MAB this week. CHR. CABANAS: Right. MR. HALVORSON: But, yeah, I'll check on it. CHR. CABANAS: Okay. Thank you. And let Glynis know thank you. MR. HALVORSON: Yeah. CHR. CABANAS: Okay. Bye-bye. MR. HALVORSON: Bye. Thank you. Approval of Minutes (Item 4) CHR. CABANAS: We are now back on to our agenda. There's no approval of any minutes. Director's Report (Item 5) MAB Monthly Divisional Activity Report: March 2025 CHR. CABANAS: And we are now at the "Director's Report." All Board members are present with our Assistant Corp. Counsel, J Yoshimoto; Secretary -Reporter, Glynis Yamada; and our Director of Human Resources, Sommer Tokihiro. (At this time, Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) CHR. CABANAS: Hi, Sommer. MS. TOKIHIRO: Hi, good morning. CHR. CABANAS: Good morning. MS. TOKIHIRO: I guess it's still morning. CHR. CABANAS: Yes. MS. TOKIHIRO: Yeah. Page 16 Merit Appeals Board March 13, 2025 CHR. CABANAS: So, can you report on the MAB Monthly Divisional Activity Report for March 2025. MS. TOKIHIRO: Okay, we're in the current month, which is good, after we caught up at our last meeting. So, basically, a lot of good things happening in HR. The continuous recruitments remain at around 50, which isagain, a high number, but understanding that when we recruit for positions there are some positions that we are recruiting for at multiple levels. So, it may only be one position —and, ideally, we would be able to fill it at the permanent class. But we do temporary allocations down in the event that we cannot find somebody that meets the qualifications at the permanent class —we can hire at a lower level and then through their job experience and training and working through the County, they can follow the career ladder and then progress to the permanent class eventually. So, there's a number of positions that we handle recruitment for in that way. We've been —our Classification and Pay Division has been very busy looking at minimum qualifications for positions as we work with departments to see if some of the language, the way that we're describing the qualifications, may need to be amended —as we, kind of, look at specific positions and see what the recruitment data shows as far as where people aren't meeting the requirements that helps us to evaluate —again, if a requirement may need to be changed or if it's the way that we describe it. I'm working with the departments —going back to the departments and saying, "Hey, is this accurate?" Or "What is the aptitude, ability, skill that you're trying to identify or get at with this requirement'so that we can work with them to create or to remove artificial barriers that may exist to people being able to meet the qualifications. We also recently removed specific disciplines from bachelor's degree requirements because most of our job postings would say, "A bachelor's degree in business administration..." da, da, da and the end is always "or other related field" —and then that becomes very subjective as far as what is related. So, for —not for positions that require a specific licensure or certification —we cannot remove those degree disciplines, but for positions that don't require those licenses —remove disciplines from the bachelor's degree requirement. And we've informed the departments that if there is something specific that they're looking for, they should be addressing that through their interview questions and assessment exercises as part of the interview and selection process. So, again, just different ways to evaluate our current openings and look at recruitment data to see if there's ways that we can broaden the applicant pool. We are continuing to develop the —our ERP software that's the software that's going to replace FRESH, which is our current software. So, we're in the last month of development and then we'll begin the testing process. The rollout for the human resources component of that software the rollout date is going to be January 1, 2026. Page 17 Merit Appeals Board March 13, 2025 So, this next phase involving the testing, is going to be really important as we make sure that the system is working for us and is able to do all the things that we're anticipating that it will do. So, a lot of time and effort is spent in that across a variety of divisions in our office. It touches on almost everybody, so I've identified the whole staff of HR to be part of what is considered —it's called a "Readiness Coordinators Group" this is the group that's going to be —it's, basically, like, "train the trainer" where the software company works with us to help get the entire County ready for the changes that are coming. So, we'll include Human Resources, personnel from each department, as well as payroll staff from each department —so that they can then train their staff. But I thought it was important that all of the staff in HR be familiar with all of these aspects of the software so that we can be resources to our departments, in all of our divisions, if they have questions. CHR. CABANAS: Yeah, go ahead. MS. MATHEWS: So, I've been through a couple of conversions and they're not fun. Have you allocated, in terms of time, and how's that going to affect everything else that you're doing? `Cause it's a time sucker. MS. TOKIHIRO: Yeah. So, it has been. We've had to do it with our existing resources. So, what a lot of —there's additional overtime that has gone into it because it'sin building this system, it really relies upon the historical knowledge that comes from our staff, who has been working with the current system. And, of course, you're able to extract the data that exist in the current system, but understanding the translation of what does this mean in this context and how is it related to this context over here. How does a position relate to an employee and relate to payroll? And what is position -specific, what should be employee -specific? So, it's —for our staff, it's meant increased overtime, kind of being creative, as far as redistributing tasks but it has been a very big lift for us to work on this and then continue to meet our day-to-day needs as well. MS. MATHEWS: My sympathies. MS. TOKIHIRO: Thank you. I will share that with my staff —they'll appreciate it. But I'm happy to answer questions. The other thing that is keeping me busy, I've had to miss a couple of meetings —ongoing collective bargaining negotiations. So, current contracts for all bargaining units expire June 30, 2025. So, we're working to negotiate new contracts beginning July 1, 2025. CHR. CABANAS: Any questions for Sommer? MS. BOND: Are the whole thing with the fed. employees that are being let go and the State and counties trying to pick up the slack on that —or is that happening with our County as well? Page 18 Merit Appeals Board March 13, 2025 MS. TOKIHIRO: So, we're open to receiving applications from any displaced workers. I know that the Governor came forward with, kind of, this emergency hire. We need to be careful about making sure that we're following the merit principle. And so, we didn't —our jurisdiction decided not to issue an executive order because these peopleindividuals still need to go through our normal application process. So, we cannot show a preference or provide a preference to a certain category of people, but we're definitely letting people know that our —what our job openings are —and Michelle Simmons and I attended the career fair and Prince Kuhio Plaza on the 22nd of February. And it was a really well -advertised event by R&D. They actually were part of putting that on with the Job —with Goodwill Industries and, I think, America's Job Center. And so, hundreds of people came through. It was an excellent opportunity to talk about our website and several people who were in federal positions that said, "Okay, I'm not affected now but I may be in the future" we were able to explain to them, showed them how to fill in the Job Interest Card on our website, be able to provide information about our departments and our job openings, and encourage them to apply. So, we are closely monitoring. Unfortunately, not a lot of guidance came from the federal government. We have a lot more questions than answers. We have had departments that have elected to close recruitments in order to preserve their existing funds, if they got it through some type of grant or other federal program. So, they've stopped recruiting for those —some positions because they're not sure if that funding source will continue. We have been working with departments to evaluate, if they have positions that have federal funding just kind of saying, "Hey, you might want to make sure that the employees know that this funding could be an issue" —so that they can be evaluating other options or alternatives —if there's other positions that they'd like to apply for within the County, if there's a concern that the federal funding for their position might lapse or be withdrawn. So, it'swe work closely with Finance and then just trying to see what happens. Be a little bit I guess, we're not patient —we're very impatient to get the answers. Unfortunately, it's not in our control, so MR. THOMAS: To follow on to that question. Has the County identified positions that are either require a higher level of particular skills or, for other positions, hard to fill? And if so, is there some kind of outreach that goes beyond just looking within the County or whatever, to try to find those individuals? MS. TOKIHIRO: Yeah. So, typically, those hard to fill, higher level positions —it's always engineers. Engineers have been a shortage category in the State for decades. And so, we've tried different recruitment strategies, so whether it'swe did a trial with, like, Zip Recruiter, to get the word out nationally. Then going and attending the engineering career fairs at UH Manoa. Page 19 Merit Appeals Board March 13, 2025 We also looked at minimum qualifications for our engineers —for our Engineer I level position, we changed the requirement so that we can actually be recruiting engineers when they're in their senior year. So, instead of having the requirement that they have to have their engineering degree upon application, we say that they have to have completedI believe it's 105 credit hours in an engineering program at the time of application, and at the time of hire they would have had to completed their degree. So, again, just different strategies to try and get people be able to recruit sooner. We also adopted an Engineer Salary Schedule. All of the jurisdictions have identified a different salary schedule —we're all a little bit different. Ours followed the state salary schedule because they would be our biggest competition here on island, but that was to eliminate the shortage differential that they had been receiving and then to make our wages more competitive, even with the federal government. So, engineers are always —engineers and architects are always in that category. But I'll be honest and tell you that in the last couple of years, even positions like Account Clerk have become very difficult to fill. So, it's the market as far as job seekers and the openings that we have —we have openings now that were never an issue in the past. And so, it's definitely a different time. MR. THOMAS: I just wonder if you make a special point of reaching out to these potentially displaced federal workers, who can be anywhere —anywhere in the world for that matter. MS. TOKIHIRO: Right. Yeah, I agree. And so, that's where as —we don't necessarily reach out, specifically, to people. We would have to find ways to advertise the openings and make sure that we're getting the word out there. CHR. CABANAS: Any questions? Okay, I have a few. So, even for the Equal Opportunity/ADA Division, the sentence there is very generic. So, is she receiving a lot of inquiries, complaints, reasonable accommodation requests? MS. TOKIHIRO: Yeah. I mean, I don't know that it'sI mean, it's (inaudible). It comes in flows. I mean, comes ebbs and flows as far as the nature of the request. But, yes, it's a variety ofI wouldn't say necessarily "complaints" but I mean, not a lot of complaints but there are a lot of inquiries and some requests related to the reasonable accommodations. CHR. CABANAS: Okay. I noticed that for the Radio Hiring Campaign, it's pending. MS. TOKIHIRO: Yeah— CHR. CABANAS: Your timeline was January. This is March. MS. TOKIHIRO: Yes. Iunfortunately, the mayor wanted to do the radio advertising. And so, we came up with a general script, basically, just —because it was our first campaign as far as providing information about the Jobs Website and giving general information. And we provided Page 20 Merit Appeals Board March 13, 2025 that and they made some revisions —his social media person, Tracey Niimi, made some revisions. The mayor wanted to think about it. And then, he wanted to put it on hold. And then, subsequently, asked if there were a couple of key positions that we wanted to advertise and they wanted to create a script around that. My concern with that is that it was only identifying specific positions because we weren't going to record a new radio ad each week —and our job listings change each week. And so, I wasn't I was having difficulty identifying specific positions that we would want to highlight in an advertising campaign that would go for, like, two to three weeks. So, we're revisiting that. I, definitely, am eager to get that going. So, we'll be working with the mayor's office to see if we can address that and come to some agreement as far as what the advertising would include. CHR. CABANAS: Okay, it's going to be across all these radio stations, right, that you have listed? MS. TOKIHIRO: Correct. CHR. CABANAS: Okay. MS. TOKIHIRO: Yeah, we're fortunate to have advertising money in our budget to try these different avenues, right —people don't read the newspapers as much anymore CHR. CABANAS: No, they don't. MS. TOKIHIRO: not everybody is online. So, the radio was an area that we hadn't utilized in the past, so I am eager to move forward with that. CHR. CABANAS: The other thing I had a question on was you have updated the Recruitment Incentive Procedures. What were the revisions made? MS. TOKIHIRO: So, the revisions that were made to that were to limit the way that the payment is issued. The prior procedure allowed, basically, for the individual to say how they wanted the payment to be made to them. One of the options was, like, on their first day of employment. It could be paid quarterly, it could be paid semi-monthly, it could be there were a variety of options. And I was —we had some instances where individuals were paid the entire incentive on the first day and it didn't really address, I believe, the intent of what the recruitment incentive procedure was —is for that retention aspect as well. And so, we changed it so that the payments are issued in equal semi-monthly installments. So. the payment options there's two options. They either receive the payment in equal semi- monthly installments for the period of one -year —or they're allowed to receive the incentive in Page 21 Merit Appeals Board March 13, 2025 two equal installments —one, the first being on their date of hire, and the second installment after they successfully complete their probationary period. The Police Department does offer incentives in that manner for our recruits and things like that. But the amount that you could offer to be paid in those two equal installments was limited because there were some issues, previously, where the incentives were significant, and being paid on the first day —if someone left while the policy allows for us to collect back any incentive amount that they weren't entitled to, it became —di fficult and onerous on our departments to collect back. So, we wanted to —taken out those payment methods and we also clarified what the period of one-year of work was because it, basically, the calculation for repayment was based on number of whole months worked —and it was very broad. And so, when you're talking about a whole month of February, is very different than a whole month of March. And so, for clarity, we defined the one-year period of work as 2,080 hours. So, while not every year has 2080 hours, for the most part, that's generally what it is. And so, we changed the method of calculation in an instance that someone would have to repay the County to make it easier to calculate and more standardized but, also, having the payment method limited to just those two payment types, means that we're the County is at less risk of overpaying something that someone will not be entitled to because they're being paid every month, while they're here at work. If they left after seven months, those payments would stop. So, they wouldn't have received a whole incentive up front and we wouldn't be trying to collect back the remainder. So, those changes were just to provide some clarifications and to provide some parameters on the program because we had some instances with, really, brought to light, the areas where the County was exposed to losses when we weren't retaining these employees. So, really, move towards focusing on that retention component. CHR. CABANAS: How often do the departments apply the recruitment incentives? Is it more —is it increasing now? MS. TOKIHIRO: Yes. So, over the last several years, it increased significantly. I've actually seen it reduced the use of it has gone down recently, whichI wouldn't say neither positive nor negative. But, so for example in our Vehicle Registration and Licensing Office, they offer - I believe it's $1,000.00 to $2,000.00 incentive particularly, in Kona. The Prosecutor's Office offers recruitment incentives for legal clerk positions in Kona. And it's really just to try and give that little extra incentive for people to come and work for the County. And then, the Police Department provides it for recruits as well. So CHR. CABANAS: Is that across -the board for the recruits? MS. TOKIHIRO: Yes, I believe so. It's a standing not for —so it's just for police. Page 22 Merit Appeals Board March 13, 2025 CHR. CABANAS: Mm-hmm. MS. TOKIHIRO: And I believe it's $1,000.00. It might be $2,000.00. CHR. CABANAS: Do they —I've been seeing their ads on social media. Do they state that I don't recall seeing that? MS. TOKIHIRO: It's posted on the job posting. CHR. CABANAS: Posting MS. TOKIHIRO: I'm not sure if their social media is advertising it. CHR. CABANAS: Yeah. Okay. MS. TOKIHIRO: But it's on the job posting. CHR. CABANAS: Yeah, that's good. There's one last thing and, actually, it's a Board concern. It's this is not an evaluation, this is not the time for an evaluation. But because we've had two major appeal hearings where can —recruitments were cancelled after individuals were hired or promoted —our Board members had some concerns. I just want to make a general statement, actually, or open it up to the Board because we feel that when a recruitment is posted and later individuals are hired, especially in the last two appeals, the real recent ones we had, recently. We feel that recruitments shouldn't be cancelled because it just creates negative consequences, not only for the departments affected, but also for the employees that were hired and promoted. And so, I just want to make that statement, and I know you might have had reasons for it but, historically, that's something that has never occurred in the department, especially when people are hired. To cancel a recruitment because a department wants it cancelled —let's say there's no vacancy no longer exists, that's a different circumstance but when people are hired and they're now serving a probationary period, that concerns the Board. So, I just wanted to make that statement and we'll talk more about it later at a more appropriate time. Yeah. MS. TOKIHIRO: And I will just say, I agree with you that cancellation of recruitments is very —it's unusual. It does —we cancel recruitments if we find that there's an error in the job posting. For example, we had a CDL Driver License Examiner 11 recruitment and the class specification had changed. And, unfortunately, the position was advertised, they used the incorrect one. We caught that before moving forward with the process so the recruitment was cancelled and the correct class specification was used. So, again, different scenario then what occurred in the situations with the last two appeals. But, yes, it's very rare, very different extenuating circumstances in both —but definitely not something that we or I seek out or toI don't take that lightly. It wasI had to make decisions Page 23 Merit Appeals Board March 13, 2025 and so I did what I felt was best given the rules, the circumstances, et cetera. So but, yes, it's not a common situation and it's not done easily —and even in the appeal process, as I testified to, not necessarily in the second scenario because that was very different grievance issue —but in the first case it was challenging to me both personally and professionally the way that that was handled. So, when we, kind of, refer to like harm or causing harm to an employee —it's not my intention to do that and there were consequences for myself in that process as well. CHR. CABANAS: Okay, any further questions on Sommer's March report? If not, thank you, Sommer. And can I have a motion to accept and file her report for the month of March 2025? MS. BOND: So moved. MS. MATHEWS: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Aye. CHR. CABANAS: Ms. Cabanas —aye. Motion carried. MS. TOKIHIRO: Thank you. And thank you, Gay, for your service. It's been a pleasure working with you. MS. MATHEWS: Thank you. You, too. MS. TOKIHIRO: Yeah. MS. MATHEWS: If you get out to Honoka`a, stop by. MS. TOKIHIRO: Oh, absolutely, now I know that you're just to the right of the cemetery. MS. MATHEWS: Then you just go above the cemetery and take the street all the way in, and stop when you see the boat. Page 24 Merit Appeals Board March 13, 2025 MS. TOKIHIRO: Okay. Well, I appreciate all the time with you and I appreciate your feedback, and thank you for your service on the Board. MS. MATHEWS: Thank you. MS. TOKIHIRO: Take care. CHR. CABANAS: Thank you. Communications (Item 6) CHR. CABANAS: So, we don't have any "Communications." New Business (Item 7) (There was none.) Unfinished Business (Item 8) A) Communication No. 25-01, Received February 18, 2025, From Deputy Attorney General James E. Halvorson, Transmitting The "Finding Of Fact And Conclusions Of Law; Decision And Order," Concerning The Appeal Hearing Held On November 26, 2024, Regarding Communication No. 24-03, Received On May 1, 2024, From Appellant, Appealing The Following Actions By The County Of Hawai`i's Human Resources Department: Recruitment And Examination, And Classification Or Reclassification Of A Particular Position (Board Action Required: Approval Of The Finding Of Fact And Conclusions Of Law; Decision And Order; and Communication No. 25-01.01, Received On February 20, 2025, From Ted H. S. Hong, Esquire, On Behalf Of Appellant, Requesting This Matter Be Delayed Until His Arrival At The Meeting — Exhibit "l" (Due To A Scheduling Conflict) (Note: The Communications Listed Above Were Postponed To Its Next Meeting Scheduled For March 13, 2025); and Communication No. 25-01.02, Received On March 5, 2025, From Deputy Attorney General James E. Halvorson, Transmitting A Revised "Finding Of Fact, Conclusions Of Law, And Order." The Revisions Were Discussed And Approved At The Merit Appeals Board Meeting Held On February 25, 2025 (Board Action Required: Approval Of The Revised Finding Of Fact, Conclusions Of Law, And Order) Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, 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 (Previously taken out of order.) Page 25 Merit Appeals Board March 13, 2025 B) Communication No. 25-02, Received February 18, 2025, From Deputy Attorney General James E. Halvorson, Transmitting The "Finding Of Fact And Conclusions Of Law; Decision And Order," Concerning The Appeal Hearings Held On January 16 And January 30, 2025, Regarding Communication No. 24-14, Received On September 12, 2024, From Appellant, Appealing The Following Action By The Fire Department: Recruitment And Examination (Board Action Required: Approval Of The Finding Of Fact And Conclusions Of Law; Decision And Order); and Communication No. 25-02.01, Received On February 20, 2025, From Ted H. S. Hong, Esquire, On Behalf Of Appellant, Requesting This Matter Be Delayed Until His Arrival At The Meeting — Exhibit "l" (Due To A Scheduling Conflict) (Note: The Communications Listed Above Were Postponed To Its Next Meeting Scheduled For March 13, 2025); and Communication No. 25-02.02, Received On March 5, 2025, From Deputy Attorney General James E. Halvorson, Transmitting A Revised "Finding Of Fact, Conclusions Of Law, And Order." The Revisions Were Discussed And Approved At The Merit Appeals Board Meeting Held On February 25, 2025 (Board Action Required: Approval Of The Revised Finding Of Fact, Conclusions Of Law, And Order) (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, 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 (Previously taken out of order.) Announcements (Item 9) CHR. CABANAS: So, moving along on our agenda are "Announcements." And so, Gay, we really appreciate your service to the Merit Appeals Board and we have a letter drafted for you, which Glynis will mail —and which all three of us have signed. "We are very grateful for your service as a member of the Merit Appeals Board. It has been a great pleasure to have worked with you on the Board. Your commitment to uphold the merit system while being fair in the meetings and appeal hearings are greatly valued. We wish you good health, much happiness, and success in your future endeavors. With sincerest gratitude" signed by Niel, Suzi, and myself. MS. MATHEWS: And I noticed that J and Glynis didn't sign it. CHR. CABANAS: That's because they're going to give you a big hug. MS. MATHEWS: It has been a blast. It really has. And poor J and Glynis have actually survived me. I think that saidI don't sit quietly in the corner as these two found out early. Page 26 Merit Appeals Board March 13, 2025 Suzi and I worked together for years (inaudible) although we haven't for a while. So, that one was easy but, Gabe, you are they need to clone you. They really, really do. And same thing with J and Glynis —Glynis spent half her time up here, kind of, nudging us in the right direction. So, that's —she's awesome. So, thank you, all of you, for putting up with me. CHR. CABANAS: Oh, you're very welcome. It's been our pleasure —and I tell you, it's really been a pleasure, `cause you've asked a lot of great questions —thought -provoking questions —not only for whoever sits up here, but even for us. It just adds to the dialogue that we, as MAB members, have. And like I told Niel, we have a great Board. MS. MATHEWS: We do. CHR. CABANAS: Yeah. MS. MATHEWS: We really do. CHR. CABANAS: Yeah, we really do. MS. MATHEWS: And (inaudible) has the patience of a saint because I can feel the eyerolls over there and the desire to have a 10-second delay but (inaudible)he survived it. MR. THOMAS: Well, I can tell that I'm stepping into some big shoes here. It's just a one-year sentence but if I be renewed —who knows? I don't think the shoes could ever be as big as Fs are. MS. MATHEWS: Okay, that's not something I noticed. CHR. CABANAS: So, yeah, we've had some tough discussions but always respectful as I told Niel, and we're entitled to our own thoughts and opinions, and our votes as well. But like I told Gay earlier, I feel like I made a lifelong friendI really do. Gay, has a lot of great qualities. Yeah. We're going to miss you on the Board. MS. MATHEWS: Thank you. Honoka`a is not that far away CHR. CABANAS: No, it's not. MS. MATHEWS: (Inaudible.) CHR. CABANAS: Yes, so we have cake and —well, we're still in our meeting. So, let's not parry yet. So, okayso, thank you so much, Gay —and the letter —not the letter —but the lei is from all of us to Gay —and, of course, it's Niel's birthday. Page 27 Merit Appeals Board March 13, 2025 Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Tuesday, April 22, 2025, At 10:00 A.M., At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 CHR. CABANAS: Our next meeting date is going to be convened on Tuesday, April 22nd now, let's look at the time. We have it initially set for 10 a.m. but I wanted to check with you all. Do you want it at 9 or do you want it at 10—what's your preference? `Cause I know, Niel, you have to drive in. MR. THOMAS: Well, I'm an early bird by habit. CHR. CABANAS: Oh, you are. Okay. MS. BOND: To tell you the truth— CHR. CABANAS: You are, too, Suzi? MS. BOND: 9:00 is actually a better time because the traffic, amazingly, is much better from Puna, between 8 and 9, then it is between 9 and 10. CHR. CABANAS: Oh, really? MS. BOND: Yeah. CHR. CABANAS: Wow. MS. BOND: It's like running back to the 7:00 hour. CHR. CABANAS: Oh. MS. BOND: And so CHR. CABANAS: So, you like 9? MS. BOND: Nine is good. CHR. CABANAS: Okay, You like 9, Niel? Okay, so we'll make it 9. MS. MATHEWS: I mean, does that work for Glynis and J? Page 28 Merit Appeals Board March 13, 2025 CHR. CABANAS: Glynis and J-9:00? Nine o'clock on April 22nd—and it's going to be here at the Hilo Council Chambers, at the Hawai`i County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawai`i. Do you--is your preference to have every meeting at 9:00? SPEAKER: If can. CHR. CABANAS: If can—yes. The answer is "yes." Okay. Adjournment (Item 11) CHR. CABANAS: So, may I have a motion to adjourn today's meeting. MS. MATHEWS: So moved. MR. THOMAS: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion is approved to adjourn today's meeting at 11:20 a.m. Respectfully submitted, Glyni's Yam a, Secretary-Reporter APPROVED: )dadtitu. : tc A l ecl(,a44 1,1Gt$'' Gabriella M. Cabanas, Chair Merit Appeals Board Page 29