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unacceptable. The HFC cannot act on these issues. As a rank and filer he must <br />turn to his union as his first course of action. In the event there is anything that <br />impacts him negatively, the union will take necessary action to defend its <br />member. She thanked Mr. Mederios for coming forward and reminding the HFC <br />of the union€s responsibility to the rank and file. <br />Commissioner Fergerstrom clarified that any information obtained in the HFC€s <br />investigation cannot be used in the determination of disciplinary action. The HFC <br />only recommends that the issue be looked into, and that is where it ends. <br />Therefore, the HFC€s decision does not result in disciplinary action. <br />Mr. Mederios asked if all investigations are held in closed session. <br />Commissioner Ward stated that with regards to the complaint made earlier, the <br />HFCallowsthecomplainantstheoptionofspeakinginfrontoftheHFC.Ifthe <br />firefighters involved choose to speak to the HFC, they would be able to do so <br />behind closed doors or in open session. The HFC does not subpoena the <br />Firefighter involved. If the HFC does not offer the accused a chance to appear, it <br />is not giving the firefighter equal benefit as the complainant. <br />Commissioner Fergerstrom stated that the HFC can sustain a complaint, and the <br />Chief can do an investigation and determine that the HFC was not correct. The <br />extent of the commission€s role is to listen to the public€s complaint and see if it <br />has merit. If the Firefighter does not appear, it is not held against him/her. In <br />that case, the commission can only base its decision on one side of the story. <br />Mr. Mederios stated that he was also concerned with a confrontation involving <br />both sides. <br />Commissioner Ward stated that she would hope that there would be no <br />confrontation. <br />Mr. Mederios asked, if a civil matter occurs with a Firefighter, could the HFC€s <br />executive session minutes be obtained by the Firefighter. <br />Commissioner Ward asked Deputy Corporation Counsel Noda if the executive <br />session minutes were public knowledge. <br />Deputy Corporation Counsel Noda stated that there is a possibility that it could <br />be public knowledge. <br />Commissioner Fergerstrom stated that is another issue that needs to be <br />considered. <br />17 <br /> <br />