Comm No 0001.07 - CC Response - Authority to Discipline Fire Chief and Personnel

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Harry Kim Mayor Joseph K. Kamelarnela Corporation Counsel Renee N. C. Schoen Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupurii Street, Suite 325 • Hilo, Hawaii 96720 • (808) 961-8251 • Fax (808) 961-8622 Attorney -Client Communication: Confidential And Privileged Not To Be Publicly Disclosed, Divulged or Disseminated September 28, 2018 Honorable Douglass Shipman Adams Chairman and Members of the Hawaii County Charter Commission County of Hawaii 25 Aupuni Street Hilo, HI 96720 Re: Request Information on County Charter Article VII, Chapter 4, Section 7-4.6; Relating to the Powers, Duties and Functions Of the Fire Commission Dear Chairman Adams and Commission Members: Thank you for your correspondence of August 27, 2018, and the opportunity to provide responses regarding the roles of the Fire Commission and Mayor, if any, in applying disciplinary action towards the Fire Chief and personnel in the Hawaii Fire Department (HFD). Short Answers 1. Section 7-4.6, Hawai'i County Charter (HCC), does not provide that the Fire Commission has the authority to investigate and discipline the Fire Chief. 2. Under Section 7-4.6, HCC, the Fire Commission does not have the authority to investigate and apply disciplinary action towards personnel in the HFD. 3. The Mayor does not have the authority to discipline the Fire Chief. 4. The County Charter (Charter) should be amended to provide clarity that the Fire Commission has the authority to discipline. One suggested amendment to clarify the Fire Commission's authority in disciplining the Fire Chief is to add a provision in Section 7-4.3, HCC, that provides: The fire chief may be disciplined by the fire commission. Any motion to discipline the fire chief must contain a statement of reasons, and the commission shall not vote to discipline the fire chief unless the fire chief Hawaii County is an Equal Opportunity Employer and Provider Comm. No. 1.7