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Home My WebLink About2025-09-26 Merit Appeals Board Agenda C. Kimo Alameda, Ph.D. Gabriella M. Cabanas Mayor Chair William V. Brilhante, Jr. Suzi Bond Managing Director Vice-Chair Merrick Nishimoto Deputy Managing Director County of Hawai‘i Merit Appeals Board Aupuni Center  101 Pauahi Street, Suite 2  Hilo, Hawai‘i 96720 (808) 961-8361  Fax (808) 961-8617 Agenda September 26, 2025 (Friday) 9:00 a.m. Hilo Council Chambers Hawaiʻi County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, HI 96720 Members of the public may attend this meeting either in-person at the meeting location or via ZOOM: Join ZoomGov Meeting https://www.zoomgov.com/j/1615764097?pwd=n6kat6GWLMA9LM5Pwj6oOn2VETWnTn .1 Meeting ID: 161 576 4097 Passcode: Sep26MAB Dial In: Phone No.: 16692545252 Meeting ID: 161 576 4097 Passcode: 83654533 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. Gilbert J. Aguinaldo, Daniel “Niel” Thomas, Members Hawai‘i County is an Equal Opportunity Provider and Employer. Merit Appeals Board September 26, 2025 1) Call to Order 2) Addendum to Agenda (Requires four votes and must comply with Hawai‘i 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: September 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) Communication No. 25-07, from Salary Commission Chair Steven Pavao, dated September 4, 2025, regarding an inquiry to the appointing authorities concerning proposed salary adjustments for Fiscal Year 2025-2026. Requests the Merit Appeals Board’s participation in answering questions listed in their memorandum concerning the Department of Human Resources. 7) New Business (for discussion and appropriate action) None. 8) Unfinished Business (for discussion and appropriate action) Communication No. 25-01.05, received September 12, 2025, from Deputy Attorney General Trisha Gibo, transmitting the “Order Denying Appellant’s Motion for Award of Attorney’s Fees and Costs” in the matter of the appeal of Lyndon P. K. Turner. Board Action Required: Approval of the Order. 2 Merit Appeals Board September 26, 2025 Communication No. 25-02.09, received September 12, 2025, from Deputy Attorney General Trisha Gibo, transmitting the “Order Denying Appellant’s Motion for Award of Attorney’s Fees and Costs” in the matter of the appeal of Jonah N. Kaye. Board Action Required: Approval of the Order. Communication No. 25-05.02, received September 12, 2025, from Deputy Attorney General Trisha Gibo, transmitting the “Findings of Fact, Conclusions of Law and Order” concerning the appeal hearing held on July 18, 2025, regarding Communication No. 25-05, received on June 12, 2025, from Appellant, appealing the following action by the Hawai ʿ i County Office of the Mayor: An employment action taken under Chapter 76, Hawai ʿ i Revised Statutes. Board Action Required: Approval of the Order. 9) Informational briefing/update from Deputy Attorney General Trisha Gibo concerning the matters listed below (Items A and B). The briefing/update is limited to the status of the appeals only and shall not include the discussion, details, or merits of the appeals. A. Communication No. 25-03.03, received on August 4, 2025, from Deputy Attorney General Trisha Gibo, regarding HLRB-12, Petition for Declaratory Ruling; and Communication No. 25-03.04, received on August 4, 2025, from Deputy Attorney General Trisha Gibo, regarding HLRB-12, Petition for Declaratory Ruling, “Exhibit 1”; and Communication No. 25-03.05, received on August 4, 2025, from Deputy Attorney General Trisha Gibo, regarding Appellees’ Position Statement; Exhibits “A” – “H”; and Communication No. 25-03.06, received on August 4, 2025, from Deputy Attorney General Trisha Gibo, regarding Appellant’s Statement on the Merit Appeals Board’s Jurisdiction; and (Communication No. 25-03.07 continues on the next page.) 3 Merit Appeals Board September 26, 2025 Communication No. 25-03.07, received on August 6, 2025, from Deputy Attorney General Trisha Gibo regarding Notice of Filing of Petition for Declaratory Ruling; Deadline for Filing Petitions for Intervention; Notice of Board Hearing and Status Conference; and (Note: Communication Nos. 25-03.08 and 25-03.09 were duplicates of Communication Nos. 25-03.03 and 25-03.04 and, therefore, are not listed here.) Communication No. 25-03.10, received on September 12, 2025, from Deputy Attorney General Trisha Gibo, regarding Enriquez’s Petition for Intervention; and Communication No. 25-03.11, received on September 12, 2025, from Deputy Attorney General Trisha Gibo, regarding County’s Petition for Intervention; and Communication No. 25-03.12, received on September 12, 2025, from Deputy Attorney General Trisha Gibo, regarding Petitioner Merit Appeals Board, County of Hawai ʿ i’s Statement of No Position; and Communication No. 25-03.13, received on September 12, 2025, from Deputy Attorney General Trisha Gibo regarding Intervenor County of Hawai ʿ i, Office of the Prosecuting Attorney’s Statement of No Position to Petitioner Tony M. Enriquez’s Petition for Intervention Filed on August 25, 2025; and Communication No. 25-03.14, received on September 12, 2025, from Deputy Attorney General Trisha Gibo, regarding Tony M. Enriquez’s Statement of No Position to Petitioner County of Hawai ʿ i, Office of the Prosecuting Attorney’s Petition for Intervention Filed on August 25, 2025. 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 Hawaiʻi, 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. 4 Merit Appeals Board September 26, 2025 B. Communication N. 25-06, received on July 18, 2025, from Deputy Attorney General Trisha Gibo, regarding Declaratory Ruling (Case Nos. 24-DR-00-124 through 24-DR-00-131); and Communication No. 25-06.01, received on July 18, 2025, from Deputy Attorney General Trisha Gibo, regarding Petitioner-Appellant Merit Appeals Board, County of Hawai ʿ i’s Notice of Appeal; Statement of the Case; Designation of Record on Appeal; Order of Certification and Transmittal of Records; Exhibits A; and Communication No. 25-06.02, received on July 24, 2025, from Deputy Attorney General Trisha Gibo, regarding Petitioner-Appellant Merit Appeals Board, County of Hawai ʿ i’s Opening Brief; Statement of Related Cases; and Communication No. 25-06.03, received on September 11, 2025, from Deputy Attorney General Trisha Gibo, regarding Petitioner-Appellant Merit Appeals Board, County of Hawai ʿ i’s Opening Brief; Statement of Related Cases; and Communication No. 25-06.04, received on September 11, 2025, from Deputy Attorney General Trisha Gibo, regarding Agency-Appellees Hawai ʿ i Labor Relations Board, Dwight Takamine, Stacy Moniz, and Clark Hirota’s Answering Brief; and Communication No. 25-06.05, received on September 11, 2025, from Deputy Attorney General Trisha Gibo, regarding Petitioner-Appellants Merit Appeals Board, County of Hawai ʿ i’s Reply Brief. 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 Hawaiʻi, 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. 10) Announcements 5 Merit Appeals Board September 26, 2025 11) Schedule Next Meeting Date The Merit Appeals Board will convene its next meeting on Thursday, October 30, 2025, at 9:00 a.m., at the Hilo Council Chambers, Hawaiʻi County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720. 12) 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.Yamada@hawaiicounty.gov 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.Yamada@hawaiicounty.gov, (2) facsimile to (808) 961-8617, or (3) mail to the Merit Appeals Board at 101 Pauahi Street, Suite 2, Hilo, Hawaiʻi 96720-4224. All written testimony, regardless of time of receipt, will be part of the permanent record. Board Packet: Pursuant to Hawaiʻi 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, Hawaiʻi 96720. If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist \[Article 15, Section 2-91.3(b), Hawai‘i County Code\]. 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, Hawai‘i 96720. 6