2005-01-12 Fire Commission Minutes

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Mr. Quintal explained that because the HFD declined to make a judgement call, the innocent was punished. Chief Oliveira issued a memo on January 2005, that stated that all transfers would be based on qualifications, seniority, and expressed interest. Mr. Langan fits directly into the goal of the Chiefs criteria. Mr. Langan would like the HFC to request that Chief Oliveira consider Mr. Langans request for a transfer back to the North Kohala (B) Station for no other reason except for his expressed interest in this transfer. Mr. Langan is not ineligible for the transfer. This would substantially solve Mr. Langans issue on what he believes to be punishment when the department transferred him out of North Kohala. They would like the Chiefs consideration and commitment that he is not opposed to this transfer. Mr. Quintal also would request that Chief Oliveira put in writing that his client would be transferred sometime in the future, when it is appropriate. Commissioner Fegerstrom asked if there was particular time limit for this request. Mr. Quintal stated that they would request a reasonable time limit. Commissioner Fergerstrom asked who would define the word reasonable. Mr. Quintal stated that Mr. Langan is on leave, so to that extent he would like to return to work. Commissioner Ward asked if the transfer was applied for and denied. Mr. Quintal stated that it had not been applied for and was not discussed until today.Mr.Langandecidedthathedidnotwantthisdecisiontobemadeinthe context of trying to show the department was wrong, but basically that he is 100 percent eligible for the transfer. While the Hawaii Fire Commission was concerned with Mr. Langans issues, they discussed their differing views on the HFCs involvement, including the need to hear from a Union representative and their role, the reason and when the transfer was applied for, the resolutions involved, Corporation Counsel Ashidas advice, the time limit for the transfer, the Civil Service issues, and the HFDs role. Commissioner Maedo made a motion not to consider this grievance issue. Commissioner Bowles seconded the motion. Commissioner Maedo stated that this was a labor agreement grievance form that has gone to the labor and the union. Chief Oliveira rendered a decision and she does not understand why the HFC is involved because it is already in the proper channels. The HFC does not exist in order to overturn any of the decisions made by Chief Oliveira. The union could appeal the decision and that is the proper place to settle this. 10