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HomeMy WebLinkAbout2010-01-19 Merit Appeals Board MinutesHilo, Hawaii Tuesday, January 19, 2010 The regular meeting of the Merit Appeals Board, County of Hawaii, was held in the conference room of the Department of Human Resources, 101 Pauahi Street, Suite 2, Hilo, Hawaii, on Tuesday, January 19, 2010. Present: Mr. G. Rick Robinson, Chair Mr. Gary Yoshiyama, Vice Chair Mr. Henry "Hank" Silva, Member Mr. Brian J. De Lima, Member Mr. Kenneth M. Rowe, Member Mr. Ronald K. Takahashi, Director of Human Resources Ms. Diane Noda, Deputy Corporation Counsel Ms. Velma Y. Menezes, Secretary- Reporter Ms. Yumi Nakamura, Clerk III Chair Robinson called the meeting to order at 9:32 a.m. MINUTES OF DECEMBER 17, 2009 MOTION: Mr. De Lima moved that the minutes of December 17, 2009 be approved as circulated. The motion was seconded by Mr. Rowe and unanimously carried. DIRECTOR'S REPORT Mr. Takahashi reported the following: 1) Unfortunately, the selection of the deputy director has not progressed as quickly as Mr. Takahashi had anticipated; therefore, he doesn't have anything to report at this time on that matter. HMO Count is an Efial C�y" Provider and Effy9ayer. 2) The Department of Human Resources went through its budget review with the Finance department for next fiscal year's budget. Mr. Takahashi submitted a budget that was 10% less than the previous year's budget. Finance applauded and appreciated the voluntary cuts that were made. The budget will be submitted to Council for their review at a later date. 3) Mr. Takahashi met with Councilman Onishi as part of the Council's ad hoc committee on reviewing the budget. Councilman Onishi made suggestions on how the department could submit a cost savings budget, such as not filling vacancies, looking at essential services and cutting back where possible, reducing travel, overtime, etc., all of which Mr. Takahashi had already done. Councilman Onishi was therefore pleased to hear Mr. Takahashi's report. Vice Chair Yoshiyama asked whether the County has a 2010 -2011 plan regarding furloughs for employees. Mr. Takahashi reported that they have not received any indications from the Mayor on furloughs. The direction right now is to reduce through attrition where possible. That's the only firm direction they've received, and that has been worked into the budget. 4) The department's human resource manager in labor relations, Nick Hermes, accepted a position with DOE, which was effective today. Thus, the department is another position short. NEXT MEETING DATE The Board scheduled its next meeting for February 16, 2010 at 9:30 a.m. Chair Robinson noted that if no appeals are filed, the Board will skip the meeting. The Board recessed at 9:42 a.m. oil Hilo, Hawaii Tuesday, January 19, 2010 APPEAL HEARING — 10:00 A.M. — STANLEY NAKASONE — WERE ANY CIVIL SERVICE LAWS, RULES, OR REGULATIONS VIOLATED WHEN PUBLIC WORKS DIRECTOR WARREN H.W. LEE ALLOWED A LABORER II IN THE HIGHWAYS DIVISION TO CONTINUE TO WORK EVEN THOUGH HE DID NOT MEET THE MINIMUM QUALIFICATIONS OF HIS POSITION WHEN HE LOST HIS DRIVER'S LICENSE? Present: Mr. G. Rick Robinson, Chair Mr. Gary Yoshiyama, Vice Chair Mr. Henry "Hank" Silva, Member Mr. Brian J. De Lima, Member Mr. Kenneth M. Rowe, Member Mr. Julian White, Deputy Attorney General Ms. Yumi Nakamura, Clerk III Ms. Velma Y. Menezes, Secretary- Reporter Others Present: Mr. Stanley Nakasone, Appellant Ms. Diane Noda, Deputy Corporation Counsel Mr. Warren H.W. Lee, Director of Public Works The following witnesses were sworn in and testified: Mr. Stanley Nakasone, Appellant Mr. Warren H.W. Lee, Director of Public Works The following exhibits were entered into the record: Employer's Exhibit A - Position Description — Laborer II Employer's Exhibit B - Return to Work Letter Employer's Exhibit C - Step 1 Decision Employer's Exhibit D - Step 2 Decision 3 Appellant's Exhibit 1 - Memorandum re License While Mr. Nakasone decided whether he wanted a closed or open hearing, Ms. Noda requested a closed hearing regarding a housekeeping issue. The hearing was closed at 10:02 a.m. The Board reconvened into an open session at 10:10 a.m. MOTION: Mr. De Lima moved that everyone refrain from using the name of the employee whose license was revoked and the name of the employee in the arbitration decision as these relate to confidential personnel matters, and that after the hearing, all courtesy copies of the documents be destroyed. The motion was seconded by Mr. Yoshiyama and unanimously carried. Chair Robinson asked Mr. Nakasone for his decision on whether he wanted an open or closed hearing. Upon Mr. Nakasone's request, Chair Robinson explained the procedures followed in the hearing, which is an informal process. Mr. Nakasone requested that the hearing be closed. The Board convened into a closed hearing. The Board convened into an open session for deliberations: MOTION: Mr. De Lima moved to deny the appeal as no civil service laws, rules, or regulations were violated in the decision made by the Director of Public Works. The motion was seconded by Vice Chair Yoshiyama. Discussion: Mr. De Lima commented that the hearing was helpful in bringing up the fact that there may be people having disagreements, from differing points of views, about what the right decision may be. However, he does not think there was any illegal conduct, nor were there any violations of law. i"\ Mr. Rowe appreciated hearing comments about consistency in decision making in these situations. He stated that the Board plans to discuss it with the Department of Human Resources to see what can be done to improve the process and make it equitable across the line in fairness to all. The motion was voted on and unanimously carried. The appeal was denied. The hearing adjourned at 1:01 p.m. 0 1 1 - 41 /i� MI �, i � .i- G. Rick Robinson Chair 5 Respectfully submitted, Q - .+- k -- Ronald K. Takahashi Secretary vym