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HomeMy WebLinkAbout2016-03-10 Merit Appeals Board AgendaMaUnmP. K.ewot MR yor COW, i 2016 MAR -3 PH 2' 22 County of Hawaii Merit Appeals Board AupA.i Cewter. 101 Pauahi street, .HCL[, ir'... aoa)ybi-asci-Fox (acs) qoi-sci= Agenda Juwe R.Rabago Chair _Julie M. Tulav vice -chair Thursday, March 10, 2016 10:00 a.m. Council Room Hawai'i County Building 25 Aupuni Street, Hilo, HI 96720 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: February 5, 2016 5) Communication(s) (None) 6) New Business (for discussion and appropriate action) (None) 7) Unfinished Business (for discussion and appropriate action): 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 continues on the next page.) David K.. S. Nahuiwa, ida H. otalze, mei bers hiawai'i Couatd is aw 6Ruai opportuvatu Provider C w" emplouer. Merit Appeals Board March 10, 2016 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, 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 and Individual; Certificate of Service; and Communication No. 15-16.11, received on November 12, 2015, regarding the County's Amended Exhibit List (Exhibits 32 and 33); Certificate of Service. (Note: The aforementioned Communications Nos. 15-16.02 through 15-16.11 were listed on the Merit Appeals Board agenda dated November 19, 2015.) (Communication No. 15-16.12 continues on the next page.) 2 Merit Appeals Board March 10, 2016 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. 15-16.131 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, 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 continues on the next page.) Merit Appeals Board March 10, 2016 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, 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 continues on the next page.) Merit Appeals Board March 10, 2016 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. 15-16.34, received on January 6, 2016, from County to Deputy Attorney General, objecting to Appellants request to take the deposition of an individual; and Communication No. 15-16.35, received on November 19, 2015, regarding County's Memorandum in Opposition to Appellants' Memorandum re: "Just and Proper Cause"; Certificate of Service; and (Note: The aforementioned Communications were listed on the Merit Appeals Board agenda dated January 14, 2016.) Communication No. 15-16.36, received on January 12, 2016, regarding County's Motion to Quash the Subpoena Served on an Individual; Memorandum of Law; Declaration of an Individual; Declaration of an Individual fka an Individual; Certificate of Service; and Communication No. 15-16.37, received on January 12, 2016, regarding County's Motion In Limine to Preclude Introduction of Private Information; Memorandum of Law; Declaration of an Individual; Certificate of Service; and Communication No. 15-16.38, received on January 13, 2016, regarding Appellants Memorandum on the Scope of Admissible Evidence; Certificate of Service; and Communication No. 15-16.39, received on January 13, 2016, regarding Appellants Memorandum on the Standard of Proof, Preponderance of Evidence; Certificate of Service; and (Communication No. 15-16.40 continues on the next page.) Merit Appeals Board March 10, 2016 Communication No. 15-16.40, received on January 13, 2016, from County to Deputy Attorney General and Appellant, dated January 13, 2016, concerning the transport of an Individual to the Merit Appeals Board meeting scheduled on Friday, January 15, 2016, at 1:00 p.m. (letter dated January 13, 2016); and Communication No. 15-16.41, received on January 13, 2016, regarding Appellants Motion to Strike County's Motion to Quash the Subpoena Served on an Individual and Motion In Limine to Preclude Introduction of Private Information and Memorandum in Opposition to County's Motion to Quash the Subpoena Served on an Individual and Motion In Limine to Preclude Introduction of Private Information Dated January 12, 2016; Memorandum in Support of Motion; Certificate of Service; and Communication No. 15-16.42, received on January 13, 2016, regarding Appellants Third Amended Witness List; Certificate of Service; and Communication No. 15-16.43, received on January 13, 2016, from Appellant to Deputy Attorney General and County regarding the transport of an Individual (letter dated January 13, 2016 responding to County's November 13, 2015 letter; and attaches a Witness Schedule for the hearing on January 14-15, 2016); and Communication No. 15-16.44, received on January 13, 2016, regarding County's Motion to Strike Witnesses not Previously Disclosed; Memorandum in Support of Motion; Declaration of an Individual; Certificate of Service; and Communication No. 15-16.45, received on January 14, 2016, regarding County's Memorandum in Opposition to Appellants' Motion to Strike County's Motion to Quash the Subpoena Served on an Individual and Motion In Limine to Preclude Introduction of Private Information and Memorandum in Opposition to County's Motion to Quash the Subpoena Served on an Individual and Motion In Limine to Preclude Introduction of Private Information Dated January 12, 2016; Certificate of Service; and Communication No. 15-16.46, received on February 1, 2016, regarding Appellants First Amended Exhibit List (revised Exhibit R and Exhibit X); Certificate of Service; and Communication No. 15-16.47, received on February 1, 2016, from Appellant to Merit Appeals Board Chair June R. Rabago, dated February 1, 2016, requesting a witness be released from appearance at the hearing scheduled on February 5, 2016 (copy of letter from Merit Appeals Board Chair to witness granting the release is attached); and (Communication No. 15-16.48 continues on the next page.) Merit Appeals Board March 10, 2016 Communication No. 15-16.48, received on February 3, 2016, from Appellant to Deputy Attorney General, dated February 3, 2016, confirming their request of recessing the hearing scheduled on February 5, 2016, at no later than 5:00 p.m.; also provides a tentative list of witnesses for this hearing; and Communication No. 15-16.49, received on February 3, 2016, regarding County's Second Amended Exhibit List (Exhibit 34); Certificate of Service. (Note: The aforementioned Communications were listed on the Merit Appeals Board agenda dated February 5, 2016, and Communication Nos. 15-16.46 through 15-16.49 was circulated.) 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, 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 March 10, 2016.