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Home My WebLink About2015-08-26 Merit Appeals Board AgendaW6 UOM P. K'el If magyar COWNTY CLERK CoLgI-i' NNAII 2015 AUG 19 PH 1: 22 County of Hawaii Merit Appeals Board Rupu CMter. 101 PauahL street, suite 2. H0.o, Hawai496320 (Roe) 961-8361 . Pax (808) J°61-861 Agenda jam R. RAbar,,o chair juUe M. Tuiarq vice -chair Wednesday, August 26, 2015 9:30 a.m. Council Room Hawaii County Building 25 Aupuni Street Hilo, HI 96720 Note: This Agenda is anticipated to continue into Thursday, August 27, 2015, beginning at 9:30 a.m., and to be held in the same location. However, such a continuance will only occur if necessary. 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 4) Annroval of Minutes: April 15, 2015 S) Communications) (None) 6) New Business (for discussion and appropriate action) (None) AaVaA K. s. Nahui.wa, ida H. otalxe, mev bens Hawaii. Coav tU is aw Ec(uaL OpportuwitlJ. ProvCkr 9K,d Eva?ayer. Merit Appeals Board August 26, 2015 7) Unfinished Business for discussion and appropriate action : (Note: Communication Nos. 15-01 - 15-14 through 15-01.18 were previously discussed at the hearing held on April 15, 2015.) Communication Nos. 15-01 through 15-14, received on December 22, 2014, appealing an employment action concerning individuals of the Hawaii County Fire Department (regarding compensation and benefits) by the Mayor and the Director of Human Resources. (Note: At its meeting held on March 18, 2015, the Board approved Communication 5-01.2 entitled, "Stipulation and Order to Continue Hearing" in the matter of the appeal contained in Communication 15-11); and Communication No. 1S.-01.3, received on March 25, 2015, regarding the County's Motion to Dismiss Appeals concerning Communication Numbers 15-01, 15-04, 15-11, 15-02, 15-12, and 15-14; and Declaration of Steven D. Strauss; Exhibits A -F; and Communication No. 15-01.4, received on April 6, 2015, regarding the Appellants' Memorandum in Opposition to County's Motion to Dismiss Appeals concerning Communication Numbers 15-01, 15-04, 15-11, 15-02, 15-12, and 15-14; and Communication No. 15-01.5, regarding Appellants' Subpoena Duces Tecum; Exhibits A -B; Custodian of Records concerning the Department of Human Resources and the Hawai'i Fire Department (Note: The subpoenas for both departments were approved on February 13, 2015, by Merit Appeals Board Chair Jubilee N. Kuewa); and Communication No. 15-01.6, received on March 25, 2015, regarding the County's Motion to Limit Scope of Appeals; Exhibits A -D; and Communication No. 15-01.7, received on April 6, 2015, regarding Appellants' Memorandum in Opposition to County's Motion to Limit Scope of Appeals [sic]; Exhibits A-27, A-37, A-40; and Communication No. 15-01.8, received on March 25, 2015, regarding the County's Motion for Protective Order; Exhibits A -D; and Communication No. 15-01.9, received on April 6, 201 S, regarding the Appellants' Memorandum in Opposition to County's Motion for Protective Order; and (Communication No. 15-01.10 continues on the next page.) Merit Appeals Board August 26, 2015 Communication No. 15-01.10, received on April 1, 2015, regarding Appellants' Prehearing Statement; Exhibits A -C (Note: The Appellants propose to bifurcate their Appeals into a liability hearing to be followed by a damages hearing, if necessary); and Communication No. 15-01.11, received on April 1, 2015, regarding County's Prehearing Statement; and Communication No. 15-01.12, received on April 1, 2015, regarding Appellants Witness List; and Communication No. 15-01.13, received on April 1, 2015, regarding County's Witness List; and Communication No. 15-01.14, received on April 1, 2015, regarding Appellants Exhibit List (Exhibits A-1 through A-46); and Communication No. 15-01.15, received on April 1, 2015, regarding County's Exhibit List; Exhibits A -MM; and Communication No. 15-01.16, received on April 9, 2015, regarding County's Reply to Appellants' Memorandum in Opposition to Motion to Dismiss Appeals of Comm. Nos. 15-01, 15-04, 15-11, 15-02, 15-12, and 15-14, dated April 6, 2015; Certificate of Service; and Communication No. 15-01.171 received on April 9, 2015, regarding County's Reply to Appellants' Memorandum in Opposition to Motion to Limit Scope of Appeals, dated April 6, 2015; Certificate of Service; and Communication No. 15-01.18, received on April 9, 2015, regarding County's Reply Memorandum to Appellants' Memorandum in Opposition to Motion for Protective Order, dated April 6, 2015; Certificate of Service. (Communication No. 15-01.19 continues on the next page.) 3 Merit Appeals Board August 26, 2015 (Note: The communications listed below were received following the hearing held on April 15, 2015.) Communication No. 15-01.19, received on April 21, 2015, regarding Appellants' Notice of Change of Firm of Counsel for Appellants; Certificate of Service; and Communication No. 15-01.20, received on May 15, 2015, regarding Appellants' Stipulation and Order to Hear Communication No. 15-11 with Communication Nos. 15-01 through 15-10 and 15-12 through 15-14 (Note: This stipulation was approved and signed by Merit Appeals Board Chair June R. Rabago on May 20, 2015); and Communication No. 15-01.21, received on May 15, 2015, regarding Appellants' Proposed Findings of Fact and Conclusions of Law concerning County's Motion for Protective Order, filed on March 25, 2015; Certificate of Service; and Communication No. 15-01.22, received on May 15, 2015, regarding Appellants' Proposed Findings of Fact and Conclusions of Law concerning County's Motion to Dismiss Appeals of Comm. Nos. 15-01, 15-04, 15-11, 15-02, 15-12, and 15-14, filed March 25, 2015; Certificate of Service; and Communication No. 15-01.23, received on May 15, 2015, regarding Appellants' Proposed Findings of Fact and Conclusions of Law concerning County's Motion to Limit Scope of Appeals, filed March 25, 2015; Certificate of Service; and Communication No. 15-01.24, received on May 15, 2015, regarding County's Proposed Findings of Fact, Conclusions of Law and Order concerning County's Motion for Protective Order; Certificate of Service; and Communication No. 15-01.25, received on May 15, 2015, regarding County's Proposed Findings of Fact, Conclusions of Law and Order concerning County's Motion to Dismiss Appeals of Comm. Nos. 15-01, 15-04, 15-11, 15-02, 15-12, and 15-14; Certificate of Service; and Communication No. 15-01.26, received on May 15, 2015, regarding County's Proposed Findings of Fact, Conclusions of Law and Order concerning County's Motion to Limit Scope of Appeals, Order; Certificate of Service; and (Communication 15-01.27 continues on the next page.) rd Merit Appeals Board August 26, 2015 Communication No. 15-01.27, regarding the Merit Appeals Board's Order concerning Deadlines for Submission of Proposed Findings of Facts and Conclusions of Law, Prehearing Statements and Exhibits and Stipulation, signed by Merit Appeals Board Chair June R. Rabago, on May 20, 2015; and Communication No. 15-01.28, regarding the Merit Appeals Board's Findings of Fact, Conclusions of Law and Order concerning the County's Motion to Limit Scope of Appeals, filed March 25, 2015, signed by Merit Appeals Board Chair June R. Rabago, on July 7, 2015; and Communication No. 15-01.291 regarding the Merit Appeals Board's Findings of Fact, Conclusions of Law and Order concerning County's Motion for Protective Order, filed March 25, 2015, signed by Merit Appeals Board Chair June R. Rabago, on July 7, 2015; and Communication No. 15-01.30, regarding Merit Appeals Board's Findings of Fact, Conclusions of Law and Order concerning County's Motion to Dismiss Appeals of Comm. Nos. 15-01, 15-04, 15-11, 15-02, 15-12, and 15-14, filed March 25, 2015, signed by Merit Appeals Board Chair June R. Rabago, on July 7, 2015; and Communication No. 15-01.31, received on July 31, 2015, regarding Appellants' Amended Exhibit List; Certificate of Service (please refer to Appellant's binder: "Appellants' Supplemental Exhibits A-47 to A-53, A-54 on disc" and Exhibit A-55 has been included); and Communication No. 15-01.32, received on July 31, 2015, regarding Appellants' Amended Witness List; Certificate of Service; and Communication No. 15-01.33, received on July 31, 2015, regarding County's Supplemental Exhibit List; (Exhibits "QQQ' - "VVV"); Certificate of Service (please refer to County's binders: "Exhibit(s) NN through VW"); and Communication No. 15-01.34, received on July 31, 2015, regarding County's Supplemental Prehearing Statement; Certificate of Service; and 8) Director's Report (None) 9) Schedule Next Meeting Date 10) Adjournment 5 Merit Appeals Board August 26, 2015 Executive Session The Merit Appeals Board anticipates convening one or more executive meetings regarding the above matters listed on the agenda, 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. The meeting place is accessible to persons with disabilities. If you need an auxiliary aid or service, language interpretation, or other access accommodation, please contact Glynis Yamada at 961-8361 as soon as possible or at least five days prior to the meeting of August 26, 2015. R