The URL can be used to link to this page

Home My WebLink About2015-09-24 Merit Appeals Board AgendaML CIM P. Kewol Matt. ar COUNTY CLERK COUNT.' ��asau 2UI5 SEP 18 AM 9- 16 County of Hawaii Merit Appeals Board Rupu,r. !,I PR v®hl Street, Suite 2 + Hilo, Hawai'i96}20 X503) 961-8361. FqK (eoe)961-861} Agenda Jum R. Rabago Chacr Julie M. TulavLO Vice -chair Thursday, September 24, 2015 9:30 a.m. Council Room Hawai'i County Building 25 Aupuni Street Hilo, HI 96720 Note: This Agenda is anticipated to continue into Friday, September 25, 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 Hawai'i Revised Statutes § 92-7(d)) 3) Statements from the Public 4) Approval of Minutes: August 26, 2015 5) Communications) (None) 6) New Business (for discussion and appropriate action) (None) David K. S. NahuLwP' ida H. otolze, Mevubers Hawal'i cou tU Ls aw EctuoL opportuwltU Provider c wd EmploUer. Merit Appeals Board September 24, 2015 7) Unfinished Business (for discussion and appropriate action): At the Merit Appeals Board Hearing held on August 26, 2015 (and continued to August 27, 2015), Chair June Rabago informed everyone the hearing would be continued to September 24, 2015, at 9:30 a.m. However, additional communications have been added to the agenda (Communication Nos. 15-01.1, 15-01.2, 15-01.35, and 15-01.36). (Note: Communication Nos. 15-01.1 and 15-01.2 were previously discussed at the Merit Appeals Board meeting held on March 18, 2015; however, were inadvertently left off of the August 26, 2015 agenda.) Communication No. 15-01.1: Copy of letter from Merit Appeals Board Chair Jubilee N. Kuewa, dated February 9, 2015, to Counsels concerning Communication Nos. 15-01 through 15-14, received on December 22, 2014, appealing an employment action (concerning compensation and benefits) by the Fire Department. The letter addresses the following issues: 1) Consolidation of the cases; 2) Setting deadlines for the filing of preheating motions, memorandums in opposition, and reply memorandums; and 3) Deadlines for the filing of prehearing statements to include addressing the state laws that are applicable or relevant to the case, witness lists, and exhibit lists. (Note: This matter is on the agenda to consider scheduling a Special Meeting, if any pre -hearing motions are filed by March 25, 2015.); and Communication No. 15-01.2, received on March 9, 2015, from Counsels submitting for the Board's approval, a signed "Stipulation and Order to Continue Hearing" in the matter of the appeal contained in Communication No. 15-11, currently scheduled on April 15 and 16, 2015, to the Board's next scheduled meeting or such later date and time as may be determined by the Chair. (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 Hawai'i 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. 15-01.3 continues on the next page.) 2 Merit Appeals Board September 24, 2015 Communication No. IS. -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. 15-01.71 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, 2015, regarding the Appellants' Memorandum in Opposition to County's Motion for Protective Order; and Communication No. 15-01.10, received on April 1, 2015, regarding Appellants' Preheating 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 continues on the next page.) Merit Appeals Board September 24, 2015 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. 15-01.17, 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. (Note: The communications listed below were received following the hearing held on April 15, 2015; and were discussed at the hearing held on August 26, 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 continues on the next page.) 4 Merit Appeals Board September 24, 2015 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 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. 15-01.29, 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 continues on the next page.) 5 Merit Appeals Board September 24, 2015 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 VVV"); and Communication No. 15-01.34, received on July 31, 2015, regarding County's Supplemental Prehearing Statement; Certificate of Service; and Communication No. 15-01.35, received on August 24, 2015, regarding County's Exhibit WWW; and Communication No. 15-01.36, received on August 25, 2015, regarding a copy of a letter from the County to Appellant's Counsel and Deputy Attorney General concerning logistics, scheduling of witness testimony, exhibits, and demonstrative aids for the hearing on August 26, 2015. 8) Director's Report (None) 9) Schedule Next Meeting Date 10) Adjournment 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 September 24, 2015. 0