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Home My WebLink About2025-05-23 Merit Appeals Board AgendaC. K,iw�o�Lavv�eda, l��1.D. M�r�ox wzzzzar' v. T-'x-Zzhaw e jr . MGI�iGIGI�wGI P��eMcr' Mel'l'cM N�SG/cl2c0�0 PePutl� MGIuGIG�cuGl Pc�ect0� Hawaii County Dept. of Human Resources 05/15/2025 12:41:40 PM C,c nMeUca M. ac bvwas chazr �SuZ� �Owa' vice-CGr�� County of Hawaii Merit Appeals Board .4upL,m,%Gewtev t 101 PnLCnk Street, .Suite 2 * HYLo, Hnvvni i96�20 (gog) 901-�361 * F=ax (gog) Agenda May 23, 2025 (Friday) 9:00 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.zoom2ov.com/i/1609622382?pwd=b2vBbyYwUUDNaAwURWmciJZciKO3UO a.I Meeting ID: 160 962 2382 Passcode: May23MAB Dial In: Phone No.: 16692545252 Meeting ID: 160 962 2382 Passcode: 14510476 The members of the Merit Appeals Board will attend this meeting in -person at the Hilo Council Chambers and via Zoom. The meeting shall be automatically recessed for up to thirty (30) minutes to restore communication when audiovisual communication cannot be maintained with all members participating in the meeting and with the in -person location identified in this agenda. The meeting may reconvene when either audiovisual communication is restored, or audio -only communication is established after an unsuccessful attempt to restore audiovisual communication. If it is not possible to reconvene the meeting as provided in this section within thirty (30) minutes after an interruption to communication, the meeting shall be automatically terminated. Davi,iel "Niel." TkoV"s, Mewtber H,?wai'i aouv�,t� is av�, Ec(ual o ?ortuwit� Provider awd EwtpLo�er. Hawaii County Dept. of Human Resources 05/15/2025 12:41:40 PM Merit Appeals Board May 23, 2025 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 • MAB Monthly Divisional Activity Report: May 2025 o Administrative Services Division o Classification & Pay Division o Equal Opportunity/ADA Division o Health & Safety Division o Labor Relations Division o Personnel & Organizational Development Division o Recruitment & Examination Division o Workers' Compensation Division 6) Communication(s) (None.) 7) New Business (for discussion and appropriate action) (None.) 2 Hawaii County Dept. of Human Resources 05/15/2025 12:41:40 PM Merit Appeals Board May 23, 2025 8) Unfinished Business (for discussion and appropriate action) 9:00 A.M.: HEARINGS RE THE FOLLOWING COMMUNICATIONS: Executive Session: The Merit Appeals Board anticipates convening one or more executive meetings regarding the matters listed below, 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. A. Communication No. 25-01.03, received on March 27, 2025, from Ted. H. S. Hong, Esquire, re Appellant's Motion for Award of Attorney's Fees and Costs; Memorandum in Support of Motion; Exhibits "1," — "2;" Declaration of Ted H. S. Hong; and Communication No. 25-01.04, received on March 28, 2025, from Justin C. Lee, Deputy Corporation Counsel, re Appellee's Memorandum in Opposition to Appellant's Motion for Award of Attorney's Fees and Costs. B. Communication No. 25-02.03, received on March 27, 2025, from Ted H. S. Hong, Esquire, re Appellant's Motion for Award of Attorney's Fees; Exhibit "1;" Memorandum in Support of Motion; Declaration of Ted H. S. Hong; and Communication No. 25-02.04, received on March 27, 2025, from Ted H. S. Hong, Esquire, re Appellant's Notice of Objections to Findings of Fact, Conclusions of Law and Order, Dated March 13, 2025; and Communication No. 25-02.05, received on April 4, 2025, from Sherilyn K. Tavares, Deputy Corporation Counsel re Appellee's Memorandum in Opposition to Appellant's Motion for Award of Attorney's Fees and Costs; and Communication No. 25-02.06, received on April 9, 2025, from Ted H. S. Hong, Esquire, re Notice of Appeal to Circuit Court; Statement of the Case: Exhibits 11," — "2;" Designation of Contents of Record on Appeal; Order for Certification and Transmission of Record; and Communication No. 25-02.07, received on April 30, 2025, submitted by Ted H. S. Hong, Esquire, re Order for Certification and Transmission of Record. (The Communication Item C is continued on the next page.) Hawaii County Dept. of Human Resources 05/15/2025 12:41:40 PM Merit Appeals Board May 23, 2025 C. Note: This 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"; and Communication No. 25-03, received on March 4, 2025, from Ted H. S. Hong, Esquire, re Notice of Appearance of Counsel for Appellant. 9) Announcements 10) Schedule Next Meeting Date The Merit Appeals Board will convene its next meeting on Tuesday, June 24, 2025, at 9:00 a.m., at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720. 11) Adjournment If you need an auxiliary aid/service or other accommodation due to a disability, please contact Glynis Yamada at (808) 961-8361 or by email at Glynis. Yamadaghawaiicounty. ov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. 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 Hawaii County Dept. of Human Resources 05/15/2025 12:41:40 PM Merit Appeals Board May 23, 2025 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.