HomeMy WebLinkAbout2015-11-19 Merit Appeals Board AgendaMLU6 vu P.COUNTY
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2015 NOV 13 AN 8: 13
County of Hawaii
Merit Appeals Board
Aupk.cewter.101 PnKnK street, suite 2 . H1 Lo, HAWPa 'l96720
(R0R)961-8361 . PaX (ROR)961-0617
Agenda
Juwe R. Raba Gao
chair
Julie M. Tulang
vice -chair
Thursday, November 19, 2015
10:00 a.m.
Council Room
Hawai'i County Building
25 Aupuni Street
Hilo, HI 96720
Note: This Agenda is anticipated to
continue into Friday, November 20,
2015, beginning at 10:00 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: May 20, July 15, and September 24, 2015
5) Communication(s)
Board Action Required (Setting a Hearing Date):
Communication No. 15-181 received on September 16, 2015, appealing a
recruitment and examination action by the Department of Human
Resources.
6) New Business (for discussion and appropriate action) (None)
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Merit Appeals Board
November 19, 2015
7) Unfinished Business (for discussion and appropriate action):
A) Communication No. 15-01.38, received on October 26, 2015, regarding
Appellants' proposed Findings of Fact and Conclusions of Law (FOF COL)
regarding Hearing on the Merits; Certificate of Service. The proposed FOF
COL, which appealed an employment action concerning compensation and
benefits by the Fire Department, will be considered by the Merit Appeals
Board; however, no further action will be taken at this time; and
Communication No. 15-01.39, received in October 26, 2015 regarding
County's proposed Findings of Fact, Conclusions of Law (FOF COL), Decision
and Order Granting in Part and Denying in Part Appeal of Appellant
(Comm. No. 15-01 and Denying Appeals of Comm. Nos. 15-02, 15-03, 15-04,
15-0515-06, 15-07, 15-08, 15-09, 15-10, 15-11, 15-12, 15-13, and 15-14.;
Certificate of Service. The proposed FOF COL, which appealed an
employment action concerning compensation and benefits by the Fire
Department, will be considered by the Merit Appeals Board; however, no
further action will be taken at this time.
B) Communication Nos. 15-16 and 15-17, received on March 18, 2015, and
March 30, 2015, respectively, appealing an employment action by the Fire
Department; and
Communication No. 15-16.01, received on April 9, 2015, from Appellants'
representative, requesting that his clients' appeals (reference
Communication Numbers 15-16 and 15-17) be consolidated by the Merit
Appeals Board. (Note: At its meeting held on April 15, 2015, the Board
approved their request to consolidate Communication Nos. 15-16 and
15-17.); and
(Note: The aforementioned Communication Nos. 15-16, 15-17, and
15-16.01 were previously discussed at the Merit Appeals Board
meeting held on April 15, 2015.)
Communication No. 15-16.02, copy of letter from Merit Appeals Board
Chair June R. Rabago, dated September 16, 2015 to Counsels concerning the
following: Setting a new hearing date; and setting deadlines for the filing of
the witness lists, exhibit lists and exhibits, and filing of the subpoenas of
witnesses; and
Communication No. 15-16.03, received on October 14, 2015, regarding
Appellants Witness List; Certificate of Service. (Note: A total of 13
subpoenas, Notice to Appear at Hearing, were approved on October 20,
2015, by Merit Appeals Board Chair June R. Rabago); and
2
Merit Appeals Board
November 19, 2015
Communication No. 15-16.04, received on October 14, 2015, regarding
County's Witness List; Certificate of Service. (Note: A total of 1 subpoena,
Notice to Appear at Hearing, was approved on October 20, 2015, by Merit
Appeals Board Chair June R. Rabago); and
Communication No. 15-16.05, received on October 14, 2015, regarding
Appellants Exhibit List; Certificate of Service (Exhibits A through X); and
Communication No. 15-16.06, received on October 14, 2015, regarding
County's Exhibit List; Certificate of Service (Exhibits 1 through 31); and
Communication No. 15-16-07, received on November 2, 2015, regarding
Appellants First Amended Witness List; Certificate of Service. (Note: A total
of 9 subpoenas, Notice to Appear at Hearing, were approved on November
5, 2015, by Merit Appeals Board Chair June R. Rabago); and
Communication No. 15-16.08, received on November 5, 2015, regarding
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County's Amended Witness t; Certificate of Service; and
(Note: The Board will be discussing Communication Nos. 15-16.09
and 15-16.10 listed below concerning the County's motion and the
Appellants' response. The Board will hear oral arguments.)
Communication No. 15-16.09, received on November 10, 2015, regarding
County's Motion for Closed Hearing; Memorandum in Support of Motion;
Certificate of Service; and
Communication No. 15-16.10, received on November 12, 2015, regarding
Appellants Memorandum in Opposition to the County's Motion for Closed
Hearing Dated November 10, 2015; Exhibits "1" - "2"; Declaration of
Ted H. S. Hong; Certificate of Service; and
Communication No. 15-16.11, received on November 12, 2015, regarding
the County's Amended Exhibit List; Certificate of Service.
Merit Appeals Board
8) Director's Report
A) HR Quarterly Reports
9) Schedule Next Meeting Date
10) Adjournment
November 19, 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 November 19, 2015.