(2nd Amended 4/19/22)

CAAP-17-0000072, Wednesday, June 1, 2022, 10 a.m.

AARON ARBLES, ROBERT BAILEY, REUBEN CHUN, MICHAEL GAHAN, MICHAEL HAYASHIDA, GARRET KOMATSU, GERALD KOSAKI, STEVE LOYOLA, JERRY LUM, TY MEDEIROS, PAUL PAIVA, RAYMOND ROWE, JR., WARREN SUMIDA, and ALVIN TOBOSA, Appellants-Appellants, vs. MERIT APPEALS BOARD, County of Hawaiʻi, MITCH ROTH, Mayor County of Hawaiʻi, and WAYLEN L.K. LEOPOLDINO, Acting Director of Human Resources, County of Hawaiʻi, Appellees-Appellees.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Aliʻiolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

Attorneys for Appellants Aaron Arbles, et al.:

Margery S. Bronster, and Robert M. Hatch

Attorneys for Appellees Mitch Roth, Mayor of County of Hawaiʻi, et al.:

Laureen L. Martin, Mark D. Disher, Lerisa L. Heroldt, D. Kaena Horowitz, and John S. Mukai, and Steven K. Idemoto, Deputies Corporation Counsel

Attorney for Appellee Merit Appeals Board:

James E. Halvorson, Deputy Attorney General

NOTE: Order granting motion to continue oral argument from 03/09/22 to 04/27/22 at 10:00 a.m., filed 02/23/22.

NOTE: Order granting motion to continue oral argument from 04/27/22 to 06/01/22 at 10:00 a.m., filed 04/19/22.

COURT: Ginoza, C.J., Hiraoka, and Nakasone, JJ.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Plaintiffs-Appellants-Appellants Aaron Arbles, Robert Bailey, Reuben Chun, Michael Gahan, Michael Hayashida, Garret Komatsu, Gerald Kosaki, Steve Loyola, Jerry Lum, Ty Medeiros, Paul Paiva, Raymond Rowe, Jr., Warren Sumida, and Alvin Tobosa (Appellants) appeal from the January 26, 2017 Final Judgment entered by the Circuit Court of the Third Circuit (Circuit Court) against them and in favor of Defendants-Appellees-Appellees Merit Appeals Board (Board), Mitch Roth, Mayor of the County of Hawaiʻi, and Waylen L.K. Leopoldino, Acting Director of Human Resources, County of Hawaiʻi (County).¹

Appellants are current and former Hawaiʻi County Fire Battalion Chiefs who are excluded civil service employees. Appellants filed a complaint with the County and the Hawaiʻi Fire Department Fire Chief, requesting retroactive and future adjustment of their compensation and benefit packages in compliance with Hawaii Revised Statutes § 89C-3, to ensure Appellants’ compensation and benefit packages were “at least equal to” those paid to their subordinates. The County denied Appellants’ request, and Appellants appealed to the Board. The Board ruled in favor of the County, and Appellants appealed to the Circuit Court. The Circuit Court affirmed the Board’s decision. Appellants now appeal the Circuit Court’s decision and challenge its rulings.

 

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¹The current mayor of the County of Hawaiʻi Mitch Roth is
automatically substituted as Defendant-Appellee-Appellee in place of former
mayor Harry Kim. Acting Director of Human Resources, County of Hawaiʻi Waylen L.K. Leopoldino is automatically substituted as Defendant-Appellee-Appellee in
place of former Director of Human Resources, Sharon Toriano. See Hawaiʻi
Rules of Appellate Procedure Rule 43(c)(1).