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

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Honorable Douglass Shipman Adams Chairman and Members of the Hawaii County Charter Commission September 28, 2018 Page 2 of 3 has been given an opportunity to respond to the statement of reasons at a hearing before the commission. Duties and Responsibilities of the Mayor The Charter empowers the Managing Director (under the control and direction of the Mayor) to supervise the administrative functioning of the Fire Department. See Article VI, Chapter 1, Section 6-1.3, HCC. "Supervise" means "to direct and inspect the performance of." The American Heritage Dictionary (Second College Edition). The term "Administrative Functions" means matters relating to the management of a department, See, e.g., Rules Committee of Superior Court of Connecticut v. Freedom of Information Com'n, 472 A.2d 9, 192 (1984), including the hiring of personnel, and management and control of property, See, e.g., State ex rel. Steele v. Board of Ed. of Fairfield, 40 So.2d 689 (1949). The management of the Fire Department is defined by the powers, duties and functions of the fire chief, See Section 7-4.4, HCC, with oversight by the Fire Commission but "neither the commission nor its members shall interfere in any way with the administrative affairs of the department," see Section 7-4.6, HCC. However, the Charter does not provide any legal basis for the Mayor to appoint, discipline or remove the Fire Chief. In addition, under the Charter, the Mayor does not have the authority to investigate and apply discipline on personnel at the HFD. Duties and Responsibilities of the Fire Commission The Charter provides that the Fire Commission has the authority to appoint and remove the fire chief. Section 7-4.3(a), HCC, provides: The fire chief shall be appointed by the fire commission and may be removed by the fire commission at its sole discretion. But the Charter is silent as to whether the Fire Commission has the authority to discipline the Fire Chief. The Charter does not provide the Fire Commission the authority to investigate and apply disciplinary action upon personnel in the HFD. Although the Fire Commission cannot impose disciple on a HFD personnel, it can hear citizens' complaints pursuant to Section 7-4.6(f), HCC, that states that the fire commission shall: (f) Hear complaints of citizens concerning the department or its personnel and, if necessary, make recommendations to the fire chief on appropriate corrective actions.