CourtListener 10369172•Lucas v. Civil Service Commission
Gesamter Gesetzestext
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
31-MAR-2025
08:16 AM
Dkt. 107 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
IN THE MATTER OF SANYA LUCAS,
Complainant-Appellant/Appellant, v.
CIVIL SERVICE COMMISSION, COUNTY OF MAUI,
Respondent-Appellee (Agency)/Appellee, and
COUNTY OF MAUI, DEPARTMENT OF HOUSING AND HUMAN CONCERNS,
Intervenor-Appellee/Appellee.
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 2CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, Nakasone and McCullen, JJ.)
Complainant-Appellant/Appellant Sanya Lucas appeals
from the Circuit Court of the Second Circuit's September 8, 2021
"Findings of Fact, Conclusions of Law and Order Denying [her]
Agency Appeal[,]" and September 9, 2021 Final Judgment. 1 The
circuit court affirmed Respondent-Appellee/Appellee Civil
1 The Honorable Kelsey T. Kawano presided.
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Service Commission's determination it lacked jurisdiction over
Lucas' claims.
In this secondary appeal, Lucas challenges the
Commission's determination that it lacked jurisdiction. 2
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the issues raised and the arguments advanced, we resolve the
points of error as discussed below, and vacate and remand.
Intervenor-Appellee/Appellee County of Maui posted a
recruitment for an "Aging and Disability Services Specialist V"
(Specialist V) position, on a temporary, full-time basis. The
posting listed the position as an SR-24/Step C. Lucas applied,
and in January 2020, was hired as an emergency hire for the
Specialist V position. Lucas claimed that, before she was
hired, she inquired about receiving pay at a higher step but was
told "to request a higher rate of pay" after she was offered the
position.
2 Lucas also challenges numerous findings and conclusions from the
circuit court.
However, in a Hawai‘i Revised Statutes (HRS) § 91-14 appeal from an
agency decision, the circuit court acts as an appellate court and may not
fact-find. Kendrick v. Plan. Dep't of the Cnty. of Kaua‘i, 155 Hawai‘i 230,
235 n.7, 561 P.3d 434, 439 n.7 (App. 2024).
Lucas does not make individual arguments regarding the conclusions she
challenges, but appears to address these conclusions in the context of her
challenge to the circuit court's determination that it lacked jurisdiction.
We address the challenged conclusions in the same manner.
2
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
The County then posted a recruitment for the
Specialist V position, on a permanent, full-time basis. Lucas
applied, and on July 2, 2020, was offered the position. That
same day, the Executive on Aging, Deborah Stone-Walls, e-mailed
Human Resources Specialist Shanda Abe explaining Lucas' skill
level, requesting that Lucas start at a higher step, and noting
Lucas received input from the union:
Upon offering [Lucas] the position, she requested
consideration to be started at Step G or H rather than
Step C in BU13, SR24. [Lucas] severed employment with the
State of [Hawaiʻi] at the SR24 Step H level 18 months prior
to beginning work at Office on Aging.
. . . .
She possesses expertise in geriatric mental health that
brings a level of instruction to her subordinates that has
been previously lacking from personnel in the position.
. . . .
As this position is funded with grant revenue rather than
County funds and is classified as Fixed Term rather than
permanent, [Lucas] received input from HGEA that there are
times when individuals filling such positions are offered
the ability to negotiate to a higher step. . . . The
contracted amount already received from the funding source
for this position is ample enough to cover her salary
comfortably for the foreseeable future.
(Emphases added.)
Four days later, on July 6, 2020, Abe denied the
request explaining any request would need to be processed before
recruitment:
Unfortunately, since there was a break in service from the
State we can't do a compensation adjustment for Ms. Lucas.
Additionally, Recruitment Above the Minimum Step is
reserved for positions that we historically had
difficulties filling and would need to be processed before
the recruitment began.
3
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
You may contact me for further questions or concerns.
(Emphasis added.)
On the same day as Abe's e-mail, Departmental
Personnel Officer Ailina Tagupa-Laborte 3 noted Lucas was
ineligible to retain her step due to a break in service:
"[a]s the Unit Contract 13 states, page 32, #3,
section a, [Lucas] would not be eligible to
retain her step movement due to her break in
service."
(Emphasis added.)
The next day, July 7, 2020, Lucas began her employment
as a Specialist V on a permanent basis at SR-24/Step C.
On August 27, 2020, Lucas e-mailed Stone-Walls
(copying Tagupa-Laborte, Abe, Director LoriAnn Tsuhako (Director
Tsuhako), and Linda Munsell) a formal compensation complaint
noting "[t]here is a significant discrepancy in pay with the
same level of work described in each Job description and
classification provided between the three Counties, Honolulu,
[Hawaiʻi], and Maui, [Kauaʻi] does not have a comparison. The
other jurisdictions also allow for a range of pay[.]" A
September 11, 2020 meeting was scheduled at the Director's
Office following Lucas' e-mail.
3 Though the Commission's findings indicate Tagupa-Laborte was the
Departmental Personnel Officer, her signature block in a later e-mail
indicates she was a "Temporary Departmental Personnel Officer[.]"
4
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
In a September 16, 2020 letter on County and
Department letterhead, Tagupa-Laborte thanked Lucas for meeting
with Director Tsuhako and explained they "regret to inform
[her], due to recruitment incentive policies, a request for pay
above the minimum step would have had to have been filed and
approved prior to recruitment." The letter then closed with:
"[i]f you do not agree with our decision to conclude your
compensation complaint, you may request another meeting with the
Department of Housing and Human Concerns."
On September 25, 2020, Lucas e-mailed Tagupa-Laborte
inquiring about the appeal process. The same day, Tagupa-
Laborte responded and informed Lucas of the twenty-day deadline
to appeal, which she indicated ran from the final notice – the
September 16, 2020 letter:
We call your attention to the time period in which to
file your appeal. Please note Section 11-102-37(a) states
that you have 20 calendar days after final notice has been
sent of any adverse action by the Director of Personnel
Services, appointing authority or chief executive. Be
advised it is not the date you received the notice.
(9/16/2020 - dated letter).
(Some emphases added.)
Nineteen days after the September 16, 2020 letter, on
October 5, 2020, Lucas filed a "Petition of Appeal" (Petition)
with the Commission. Lucas identified the adverse action being
appealed as the "[d]ecision to deny hiring for the ADSS V above
base pay within the SR 24 pay range" and referenced the
5
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
September 16, 2020 letter. In the statement of issues section
of the Petition, Lucas identified the "[u]nclear process to
request hiring above base pay within the SR24 class for the
Aging and Disability Services Specialist V position" as the
issue.
The County moved to dismiss the appeal as untimely,
arguing Lucas "had to file her appeal within 20 days of the date
that the personnel action was effective (July 7, 2020)." The
County further argued Lucas' "remedy lies through the collective
bargaining process, and not through a civil service appeal."
During the hearing on the County's Motion to Dismiss,
Lucas argued the September 16, 2020 letter triggered the twenty-
day deadline and the "process is unclear to higher [sic] above
base pay within the assigned SR rating for [the] position, even
when [she] had inquired" about it before September 2019.
The Commission granted the County's motion to dismiss.
The Commission found the July 6, 2020 e-mail forwarded from
Stone-Walls "constitute[d] the 'aggrieved action' which form[ed]
the basis" of Lucas' complaint and also found Lucas failed to
file her appeal within 20 days of the July 6, 2020 e-mail. The
Commission further found that even if Lucas' appeal was timely,
her "requested remedy in the Petition, i.e., to re-price the
position to a higher step, does not fall within the purview of
the Commission's jurisdiction."
6
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
The circuit court affirmed the Commission's decision.
Again, in this secondary appeal, Lucas (now represented by
counsel) challenges the Commission's determination that it
lacked jurisdiction.
"The standard of review is one in which this court
must determine whether the circuit court was right or wrong in
its decision, applying the standards set forth in [Hawai‘i
Revised Statutes (HRS)] § 91-14(g) . . . to the agency's
decision." 4 Paul's Elec. Serv., Inc. v. Befitel, 104 Hawai‘i
4 HRS § 91-14(g) (Supp. 2019) provides as follows:
(g) Upon review of the record, the court may affirm the
decision of the agency or remand the case with instructions
for further proceedings; or it may reverse or modify the
decision and order if the substantial rights of the
petitioners may have been prejudiced because the
administrative findings, conclusions, decisions, or orders
are:
(1) In violation of constitutional or statutory
provisions;
(2) In excess of the statutory authority or
jurisdiction of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable,
probative, and substantial evidence on the whole
record; or
(6) Arbitrary, or capricious, or characterized by
abuse of discretion or clearly unwarranted
exercise of discretion.
(Formatting altered.) "Under HRS § 91-14(g), conclusions of law are
reviewable under subsections (1), (2), and (4); questions regarding
procedural defects under subsection (3); findings of fact under subsection
(5); and an agency's exercise of discretion under subsection (6)." Paul's
Elec. Serv., Inc. v. Befitel, 104 Hawai‘i at 416, 91 P.3d at 498 (cleaned up).
7
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
412, 416, 91 P.3d 494, 498 (2004) (citations omitted). An
agency's determination of jurisdiction is reviewed de novo. See
In re Kanahele, 152 Hawai‘i 501, 509, 514, 526 P.3d 478, 486, 491
(2023).
(1) We first address Lucas' contention that her
Petition was timely filed. 5
In its Motion to Dismiss, the County argued Lucas "had
to file her appeal within 20 days of the date that the personnel
action was effective (July 7, 2020)." The Commission agreed
with the County, though relying on Abe's July 6, 2020 e-mail,
and determined it lacked jurisdiction due to untimeliness. The
County's argument was disingenuous, and the Commission's
decision was wrong.
The County of Maui Rules of the Civil Service
Commission Rule § 11-102-37 provides in pertinent part that a
petition of appeal must be filed "within twenty calendar days
after final notice has been sent of any adverse action by the
director, appointing authority or chief executive." (Emphases
added.)
Lucas' employment in the permanent, full-time position
began on July 7, 2020. There is no evidence in the record
indicating the director issued a final notice of an adverse
5 Though the circuit court (correctly) determined Lucas' Petition was
timely filed, it affirmed the Commission's Order. As such, we address Lucas'
argument for clarity on remand.
8
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
action on July 7, 2020. And there is also no evidence
indicating Abe's July 6, 2020 e-mail was a final notice by the
director.
A September 11, 2020 meeting was scheduled at the
Director's Office to discuss Lucas' "salary compensation
concerns." On September 16, 2020, using County and Department
letterhead, Tagupa-Laborte thanked Lucas for meeting with
Director Tsuhako and stated they "regret to inform [her], due to
recruitment incentive policies, a request for pay above the
minimum step would have had to have been filed and approved
prior to recruitment." The letter also indicated this decision
concluded Lucas' compensation complaint.
Tagupa-Laborte later informed Lucas of the twenty-day
deadline to appeal, and specifically referred to the
September 16, 2020 letter. It is reasonable to infer that
Tagupa-Laborte treated the September 16, 2020 letter as the
final notice from the director.
Lucas filed her petition within twenty calendar days
of the September 16, 2020 letter. Lucas' appeal was therefore
timely.
(2) Next, Lucas contends she was "entitled to seek
redress under" HRS § 76-14(a). She argues that the "entire
point of Civil Service is to have uniformity for comparable work
based upon fair wages without regard to any favoritism." She
9
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
further argues that the "initial pricing was in error because
either [O‘ahu] and [Hawai‘i Island] paid too much for their
comparable civil service position or Maui paid too little."
As noted in her Petition, Lucas challenged the
"[u]nclear process to request hiring above base pay within the
SR24 class for the Aging and Disability Services Specialist V
position." And in her response to the County's Motion to
Dismiss, Lucas explained "[t]here has been a breakdown of the
hiring process which needs to be addressed and corrected."
Finally, in her formal complaint to the director, Lucas
highlighted the "significant discrepancy in pay" between Maui
and two other counties for the same job description.
Nevertheless, the Commission found the "adverse action
involves the issue of compensation adjustment[,]" which "falls
within the grievance procedure under BU 13 CBA (Article 11 and
Article 14) and is outside the Commission's jurisdiction." In
particular, the Commission characterized Lucas' request as a
request "to re-price the position to a higher step[.]" The
Commission noted while it "does have jurisdiction over initial
pricing of a position, it does not have jurisdiction to re-price
a position."
10
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
HRS § 76-14 (2012) 6 establishes jurisdiction for the
merit board appeal of each county, including issues related to
initial class pricing. HRS §§ 76-11 (2012), 76-14(a)(3). As
relied on by the Commission in its findings and conclusions
regarding the Motion to Dismiss, under HRS § 76-14(c)(1), 7 it
6 HRS § 76-14 entitled "Merit appeals board; duties, and
jurisdiction[,]" provides in pertinent part:
(a) The merit appeals board of each jurisdiction shall
decide appeals from any action under this chapter taken by
the chief executive, the director, an appointing authority,
or a designee acting on behalf of one of these individuals,
relating to:
(1) Recruitment and examination;
(2) Classification and reclassification of a
particular position, including denial or loss of
promotional opportunity or demotion due to
reclassification of positions in a
reorganization;
(3) Initial pricing of classes; and
(4) Other employment actions under this chapter,
including disciplinary actions and adverse
actions for failure to meet performance
requirements, taken against civil service
employees who are excluded from collective
bargaining coverage under section 89-6.
(Formatting altered and emphasis added.)
7 HRS § 76-14(c)(1) provides:
(c) The rules adopted by the merit appeals board shall
provide for the following:
(1) The merit appeals board shall not act on an
appeal, but shall defer to other authority, if
the action complained of constitutes a prohibited
act that is subject to the jurisdiction of
another appellate body or administrative agency
or the grievance procedure under a collective
bargaining agreement[.]
(Formatting altered.)
11
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
cannot review prohibited acts subject to a collective bargaining
grievance procedure.
However, HRS § 76-14 must "be construed liberally to
determine whether the appeal falls within the jurisdiction of
the merit appeals board." HRS § 76-14(e). 8
In reviewing Lucas' Petition, her opposition to the
County's Motion to Dismiss, and her complaint (all made while
she was self-represented), her appeal was not merely about "re-
pricing"; rather her appeal was about clarifying the process for
being hired at a pay rate not in parity with other counties for
substantially the same work. By narrowly construing Lucas'
Petition as concerning "re-pricing," the Commission acted
contrary to HRS § 76-14(e)'s mandate to liberally interpret HRS
§ 76-14's jurisdiction provision. Thus, the Commission erred in
determining it lacked jurisdiction without considering the true
nature of Lucas' claim.
Based on the foregoing, we vacate the Commission's
January 8, 2021 "Findings of Fact, Conclusions of Law, and Order
Granting Respondent's Motion to Dismiss Appeal[.]" We also
vacate the circuit court's September 8, 2021 "Findings of Fact,
Conclusions of Law and Order Denying [Lucas'] Agency Appeal[,]"
and September 9, 2021 Final Judgment. We remand this case to
8 The parties were afforded an opportunity to submit supplemental
briefing on HRS § 76-14(e) to this court. The County, the Commission, and
Lucas each submitted supplemental briefs.
12
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
the Commission for further proceedings consistent with this
summary disposition order.
DATED: Honolulu, Hawaiʻi, March 31, 2025.
On the briefs: /s/ Keith K. Hiraoka
Presiding Judge
Shawn A. Luiz
for Complainant-Appellant/ /s/ Karen T. Nakasone
Appellant. Associate Judge
James E. Halvorson, /s/ Sonja M.P. McCullen
Claire W.S. Chinn, Associate Judge
Deputy Attorneys General,
for Respondent-Appellee
(Agency)/Appellee
Civil Service Commission.
Thomas Kolbe,
Kristin K. Tarnstrom,
Deputies Corporation Counsel,
County of Maui,
for Intervenor-
Appellee/Appellee
County of Maui, Department of
Housing and Human Concerns.
13
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.