2011-07-26 Fire Commission Minutes - Special Meeting

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commission as much time and opportunity as needed to make the selection of the next chief without any interference, without any controversy and to provide the commission with the opportunity to do a fair and above board process. Chief Oliveira stated that’s what the community expects, it’s what the members expect so he wants to assist, and if volunteering helps, he is willing to volunteer. Chair Taniguchi asked Chief Oliveira if it is indeed his willingness and desire to continue, is that a fair statement? Chief Oliveira replied yes. Commissioner Moku asked Chief Oliveira if it would be in full capacity as a chief. Chief Oliveira replied yes, and posed a question to Corporation Counsel: Since there is an effective date for his retirement, would he be sworn in as an interim chief, would he assume all of the powers and responsibilities as an interim chief and would he have all the same responsibilities and accountability as a volunteer. Corporation Counsel Ashida replied that under the commission’s rules, the rules require the appointment of what’s called a temporary chief, that’s the interim descriptive position. By virtue of this commission’s authority to make that appointment, once the commission makes that appointment, the chief signs the oath of office as required by Charter. Corporation Counsel Ashida verified that statement with Mr. Takahashi. Mr. Takahashi replied that is correct. Chief Oliveira stated that to make it even clearer without making it more confusing, he understands that if asked to and placed in a volunteer position, it’s like nothing has changed, he is still accountable for everything in the department and responsible to the commission and the community. Chair Taniguchi stated he would entertain a motion for the appointment of Darryl st Oliveira as the interim Fire Chief commencing August 1. Commissioner Namahoe stated that prior to making that motion, she wanted to clarify what she read in the newspaper and apologized for not being at the last meeting. She asked if there is any concern that as a volunteer interim chief, does that render the County liable in any way. Corporation Counsel Ashida replied yes. Whether he is a volunteer, whether he’s paid, as long as his actions are within the course and scope of his employment or volunteerism, the County will stand behind all employees, volunteers or otherwise. As Chief Oliveira stated, it’s like nothing changed. Chair Taniguchi verified with Chief Oliveira that one of the things the department also covers is workers compensation for volunteers, is that correct? Chief Oliveira replied there is a provision in the statute for a certain amount of protection for volunteer fire fighters as well. 4