2023-09-28 Fire Commission Minutes

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Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 10 • Commissioner Luke made a motion indicating that the Fire Commission supports an increase to the fire chief's salary considering the scope and duties of the position. Commissioner Nakashima seconded the motion, with no further discussion, all were in favor, and it carried unanimously. Recess was called at 11.49 a.m., the meeting reconvened at 12.00 p.m. UNFINISHED BUSINESS Hawaii Labor Relations Board Decision No. 515: Bran Keopuhiwa v. Hawaii Fire Department, County of Hawaii; and Hawaii Fire Fighters Association, IAFF, Local 1463, AFL-CIO. Chair Kosaki reported that the decision was in favor of Keopuhiwa, and the decision date was June 30th. After receiving an email from the chief, Chair Kosaki decided to look into the matter further. He asked the chief about the department's required course of action in response to this decision. DCC Salas-Ferguson advised that the Fire Commission has the authority to review personnel actions within the department to ensure they adhere to policies outlined in section 7-4.2. Rule 4 specifies that the commission should not interfere with the administrative affairs of the department under any circumstances. While the commission can review operational matters, it should refrain from interfering in administrative matters. DCC Salas-Ferguson pointed out that this particular case is related to a personnel action, and is subject to active litigation, and he believes the final decision has not been reached, rendering it non-public. Chair Kosaki expressed a differing viewpoint, stating that the decision has already been made, and there is a petition to modify that decision. While there is an ongoing grievance process, the original decision is public and a matter of public record. Chief Todd added that the decision is available on a public domain. DCC Salas-Ferguson cautioned everyone to avoid delving into attorney-client-privileged information and to ensure that their inquiry does not concern the administrative actions of the HFD. Instead, they should focus on their authority, which is to review personnel actions to ensure they are based on fair and appropriate standards. Chair Kosaki affirmed that they would not discuss personnel actions and emphasized that they were not dwelling on the chiefs decisions. The decision in question pertained to the court's ruling and the HLRB decision concerning a grievance filed against the union, specifically addressing a duty of fair representation that had been upheld. This decision specified certain requirements for both the union and the chief to comply with, typically within 30 days from the order's date of June 30th.