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County of Hawaii
Merit Appeals Board
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(808)961-5361 . Fax (802)961-2617
Agenda
,Jum R.. RllbOOD
chair
Julie M. TulRA_q
vice -chair
Thursday, January 14, 2016
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, January 15,
2016, 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: November 19, 2015
5) Communication(s)
6) New Business (for discussion and appropriate action) (None)
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Merit Appeals Board January 14, 2016
7) Unfinished Business (for discussion and appropriate action):
B) Communication Nos. 15-16 and 15-171 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
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 continues on the next page.)
Merit Appeals Board
January 14, 2016
Communication No. 15-16.08, received on November 5, 2015, regarding
County's Amended Witness List; Certificate of Service; and
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.
(Note: The aforementioned Communications were listed on the
Merit Appeals Board agenda dated November 19, 2015.)
Communication No. 15-16.12, received on November 13, 2015, from an
individual, regarding their absence and reason for absence from the Merit
Appeals Board meeting (hearing) scheduled on Thursday, November 19,
2015; and
Communication No. 15-16.13, received on November 17, 2015, from an
individual, transmitting an unexecuted copy of their "Declaration'; and
Communication No. 15-16.14, received on November 17, 2015, regarding
County's Motion to Quash Subpoena to an Individual; Declaration of
Individual; Certificate of Service; and
Communication No. 15-16.15, received on November 18, 2015, regarding
the County's Motion to Quash the Subpoena Served on an Individual on
November 16, 2015; Memorandum of Law; Certificate of Service; and
Communication No. 15-16.16, received on November 18, 2015, regarding
Appellants Motion in Limine to Preclude Disclosure of Protected Health
Information; Memorandum in Support of Motion; Certificate of Service; and
Communication No. 15-16.17, received on November 18, 2015, regarding
Appellants Memorandum re: "Just and Proper Cause;" Certificate of Service;
and
(Communication No. 15-16.18 continues on the next page.)
Merit Appeals Board
January 14, 2016
Communication No. 15-16.18, received on November 18, 2015, regarding
Appellants Memorandum in Opposition to County's Motion to Quash the
Subpoena Served on an Individual on November 16, 2015; Certificate of
Service; and
Communication No. 15-16.19, received on November 19, 2015, regarding
County's Memorandum in Opposition to Appellants Motion in Limine to
Preclude Disclosure of Protected Health Information; Certificate of Service;
and
Communication No. 15-16.20, received on November 20, 2015, from
Appellants to County, regarding the appearances of Witnesses at further
hearing scheduled on January 14-15, 2016 (letter dated November 19, 2015);
and
Communication No. 15-16.21, received on November 20, 2015, regarding
Appellants Second Amended Witness List; Certificate of Service; and
Communication No. 15-16.22, received on November 24, 2015, regarding
County's Withdrawal of County's Motion to Quash the Subpoenas Served on
an Individual on November 16, 2015 Dated November 18, 2015; Certificate
of Service; and
Communication No. 15-16.23, received on November 25, 2015, regarding
County's Withdrawal of County's Motion to Quash Subpoena to an
Individual; Certificate of Service; and
Communication No. 15-16.24, received on November 30, 2015, from
Appellants to County, regarding the appearances of witnesses at further
hearing scheduled on January 14-16, 2016 (letter dated November 30, 2015);
and
Communication No. 15-16.25, received on December 1, 2015, from County
to Appellants, regarding the appearances of witnesses (letter dated
November 23, 2015 responding to Appellants November 19, 2015 letter);
and
Communication No. 15-16.26, received on December 3, 2015, from County
to Appellants, regarding the appearances of witnesses (letter dated
December 3, 2015 responding to Appellants November 30, 2015 letter); and
Communication No. 15-16.27, received on December 14, 2015, regarding
Appellants Memorandum in Opposition to County's Motion to Dismiss for
Lack of Jurisdiction; Exhibits "A," - "S;" Declaration of Individuals (4);
Certificate of Service; and
(Communication No. 15-16.28 continues on the next page.)
Merit Appeals Board
January 14, 2016
Communication No. 15-16.28, received on December 14, 2015, regarding
County's Memorandum in Support of Motion to Dismiss for Lack of
Jurisdiction; Declaration of Individuals (5); Exhibits "34" - "44"; Certificate
of Service; and
Communication No. 15-16.29, received on January 5, 2016, regarding
County's Withdrawal of County's Motion to Quash the Subpoenas Served on
an Individual on November 16, 2015 Dated November 18, 2015; Certificate
of Service (also attached is County's letter to Appellants, transmitting the
aforementioned document); and
Communication No. 15-16.30, received on January 5, 2016, from County to
Appellants, stating the County's Deputy Managing Director will only be
available to testify on January 14, 2016 and will be unavailable on January
15, 2016; and
Communication No. 15-16.31, received on January 6, 2016, from County to
Deputy Attorney General, requesting that one of the individuals testimony
be deferred to a further hearing date to be set by the Board; and
Communication No. 15-16.32, received on January 6, 2016, from County to
Deputy Attorney General, withdrawing their request to have one of the
individuals testimony deferred to a further hearing date to be set by the
Board; and
Communication No. 15-16.33, received on January 6, 2016, from Appellants
to County and Deputy Attorney General, requesting to take the deposition
of an individual; and
Communication No. 1S-16.34, received on January 6, 2016, from County to
Deputy Attorney General, objecting to Appellants request to take the
deposition of an individual.
8) Director's Report
A) Items of Current Interest
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,
5
Merit Appeals Board
January 14, 2016
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 January 14, 2016.