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Home My WebLink About2025-11-21 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 November 21, 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/1611002375?pwd=B8q68ed8fbs5Np0fGTO9bakHLd3aaJ.1 Meeting ID: 161 100 2375 Passcode: Nov21MAB Dial in: 1 669 254 5252 US Meeting ID: 161 100 2375 Passcode: 80698362 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 November 21, 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 August 26, 2025 5) Director’s Report MAB Monthly Divisional Activity Report: November 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.) 8) Unfinished Business (for discussion and appropriate action) (None.) 2 Merit Appeals Board November 21, 2025 9) Informational briefing/update from Deputy Attorney General Trisha C. Gibo concerning the matters listed below (Items A, B, and C). 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. 25-02.10, received on October 27, 2025, from Deputy Attorney General Trisha C. Gibo, requesting to provide an informal update concerning the following matter: APP Kaye v. Merit Appeals Board (MAB) – Stipulation to Dismiss Notice of Appeal to Circuit Court Filed on April 9, 2025, With Prejudice and Order (3CCV-25-0000139); and APP Kaye v. Merit Appeals Board – Amended Notice of Briefing and Oral Arguments Schedule (3CCV-25- 0000139). Reference: MAB Communication Nos. 24-14 and 25-02. B. Communication No. 25-03.16, received on October 27, 2025, from Deputy Attorney General Trisha C. Gibo, requesting to provide an information update concerning the following matter: PPC133 Tony Enriquez in the Matter of Merit Appeals Board – Order Granting Petitions for Intervention; Notice of Hearing on the Petition for Declaratory Ruling (Case No. 25-DR-00-133). Reference: MAB Communication Nos. 24-13 and 25-03. C. Communication No. 25-08, received on November 13, 2025, from Deputy Attorney General Trisha C. Gibo, requesting to provide an information update concerning the following matter: SCWC Loyola v. County of Hawaiʻi (SCWC-22-0000641) ((1) Application for Writ of Certiorari from the June 27, 2025 \[Dkt.54\] Summary Disposition Order of the Intermediate Court of Appeals 2) Appellee-Appellee County of Hawaiʻi Response to Application for Writ of Certiorari from the June 27, 2025 \[Dkt.54\] Summary Disposition Order of the Intermediate Court of Appeals, Filed on September 25, 2025 \[Dkt.1\]; and 3) Appellant’s Reply to Appellee Appellee-Appellee County of Hawaiʻi Response to Application for Writ of Certiorari from the June 27, 2025 \[Dkt.54\] Summary Disposition Order of the Intermediate Court of Appeals, Filed on September 25, 2025 (\[Dkt.1\]. Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters (Items A, B, and C), 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. 3 Merit Appeals Board November 21, 2025 10) Announcements 11) Schedule Next Meeting Date The Merit Appeals Board will convene its next meeting on Thursday, December 18, 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. 4