2024-12-12 Fire Commission Minutes

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Hawaii Fire Commission Regular Session Minutes December 12, 2024 Page 8 o For Chair Kosaki as Chair: Commissioners Wolf, Mattos, Cushnie, and Kosaki raised their hands. The vote resulted in a 4-4 deadlock. DCC Salas suggested taking a break to research the appropriate course of action in this situation. Recess was called at 10:59 a.m., the meeting reconvened at 11:08 a.m. DCC Salas-Ferguson advised that in the case of a deadlock vote, the matter must remain unresolved until a majority decision is reached. The vote can be deferred to the next meeting, ideally with all nine members present, unless someone chooses to change their vote. As no one opted to change their vote, Chair Kosaki announced that the matter would be deferred to the next meeting. AGENDA ITEMS FOR NEXT MEETING Chair Kosaki asked if there were suggestions for agenda items for the next meeting. There were none. AMENDMENT TO THE AGENDA Commissioner Hirakami referred to a memo from counsel and moved to amend the agenda to include "consideration of a motion to rescind the chief's evaluation issued on November 21, 2024." Commissioner Perrin seconded. Commissioner Mattos questioned the motion, asking how they could rescind an evaluation that was already agreed upon, voted on, and distributed to the mayor. Commissioner Hirakami explained that the evaluation contained unresolved and inaccurate statements that could make the commission liable. He noted serious issues and suggested going into an executive session to allow the chief to address these concerns. He proposed rescinding the evaluation and preparing a revised summary without those statements. Commissioner Mattos asked counsel if the evaluation contained anything illegal. DCC Salas-Ferguson clarified that under Robert's Rules, the commission could rescind or amend the evaluation with a two-thirds vote (6 commissioners). He acknowledged at least one inaccurate statement and recommended executive session for further guidance. He noted the chief hadn't been given an opportunity to respond to the comments, suggesting that allowing input from the chief before finalizing evaluations would be a better practice moving forward. EXECUTIVE SESSION Commissioner Hirakami withdrew his original motion and moved to enter into executive session to consult with the boards' attorney under HRS §92-5 and to consider the evaluation of the employee. The motion was seconded by Commissioner Perrin, with no discussion, it carried unanimously. Executive session convened at 11:19 a.m.