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Home My WebLink About2025-07-18 Merit Appeals Board AgendaM�r�ox wzzzzar' v. T-'x-Zzhaw e jr . MGI�iGIGI�wGI PCr-eMOr- Mel'l'cM N�SG/cl2c0�0 PePutl� MGIuGIG�cuGl Pc�eMO� Hawaii County Dept. of Human Resources 07/11/2025 12:39:33 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 July 18, 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/1619386652?pwd=iDbtululcizWwvzAGniyHho7CWIMks3.1 Meeting ID: 161 938 6652 Passcode: JuI18MAB Dial In: Phone No.: 16692545252 Meeting ID: 161 938 6652 Passcode: 61262531 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. CIELbertj. fkevEv, aLG{o, pax,Cel 'MCeL" TkoV"s, Mewtbers H,?w,?P, aoux,t� is ax, Ec(ual o??ortvv t� ProvEcG er awG{ EwtPlo�er. Hawaii County Dept. of Human Resources 07/11/2025 12:39:33 PM Merit Appeals Board July 18, 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. 9:00 A.M. HEARING RE: COMMUNICATION NOS. 24-13 and 25-03 (and Related Communications) Note: The hearing concerns the preliminary issue or any other 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 Mark D. Disher, Deputy Corporation Counsel, on behalf of 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; and Communication No. 25-03.01, received on June 12, 2025, from Ted H. S. Hong, Esquire, on behalf of Appellant, regarding Appellant's Statement on the Merit Appeals Board's Jurisdiction; and Communication No. 25-03.02, received on June 27, 2025, from Mark D. Disher, Deputy Corporation Counsel, on behalf of Appellee, regarding Appellees' Response to Appellant's Statement on the Merit Appeals Board's Jurisdiction; Exhibits "I" — "L". Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matter, pursuant to HRS Sections 92-4, 92-5(a)(2) and 92-5(a)(4), for the purpose of evaluating an officer or employee of the County of Hawaii, where the consideration of matters affecting privacy will be involved and consulting with the Board's attorney on questions and issues pertaining to the Board's Hawaii County Dept. of Human Resources 07/11/2025 12:39:33 PM Merit Appeals Board July 18, 2025 powers, duties, privileges, immunities, and liabilities. A 2/3 vote of the members present pursuant to HRS Section 92-4 is necessary to hold an executive meeting. 4) Approval of Minutes o May 23, 2025 Review of Executive Session Minutes o May 23, 2025 Executive Session: The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters, pursuant to HRS Sections 92-4 and 92-5(a)(4), for the purpose of consulting with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 is necessary to hold an executive meeting. 5) Director's Report A. Meet and Greet Department of Human Resources Employees B. MAB Quarterly Reports: April — June 2025 o Administrative Services Division o Classification & Pay Division o Equal Opportunity/ADA Division o Health & Safety Division o Personnel & Organizational Development Division o Recruitment & Examination Division o Workers' Compensation Division C. MAB Monthly Divisional Activity Report: July 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 3 Hawaii County Dept. of Human Resources 07/11/2025 12:39:33 PM Merit Appeals Board July 18, 2025 6) Communication(s) Communication No. 25-05, received on June 12, 2025, from Appellant, appealing the following action by the Hawaii County Office of the Mayor: An employment action taken under Chapter 76, Hawai`i Revised Statutes. Board Action Required: Setting a hearing date and deadlines for submittal of documents. 7) New Business (for discussion and appropriate action) FY 2025-2026 Annual Performance Evaluation of the Director of Human Resources (HR) Process: o Presentation by the Director of Human Resources, Sommer J. Tokihiro, concerning the Department's goals and objectives for FY 2025-2026 o Proposed timeline to distribute surveys and deadline for responses o SurveyMonkey questions for FY 2025-2026 (Line Department Survey) o SurveyMonkey questions for FY 2025-2026 (Employee Survey) o Merit Appeals Board's Evaluation Tool for the Director of HR for FY 2025-2026 o Define target audience/survey participants 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 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 pursuant to HRS Section 92- 4 is necessary to hold an executive meeting. 8) Unfinished Business (for discussion and appropriate action) (None.) 9) Announcements Hawaii County Dept. of Human Resources 07/11/2025 12:39:33 PM Merit Appeals Board July 18, 2025 10) Schedule Next Meeting Date The Merit Appeals Board will convene its next meeting on Tuesday, August 26, 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 should be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to Glynis. Yamadaghawaiicounty. ov, (2) facsimile to (808) 961-8617, or (3) mail to the Merit Appeals Board at 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720-4224. All written testimony, regardless of time of receipt, will be part of the permanent record. Board Packet: Pursuant to Hawaii Revised Statutes Section 92-7.5, the board packet provided to members of this board for this meeting is available for public inspection during regular business hours at 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720. If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist [Article 15, Section 2-91.3(b), Hawaii County Code]. A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." [Article 15, Section 2-91.3 (a)(6), Hawaii County Code]. Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street, Hilo, Hawaii 96720.