Loading...
HomeMy WebLinkAboutCOM 0477.000 1996-1998 40J~YY OF NqK AARON S.Y. CHUNG Phone: SOS 961-8396 r-, ~,1,2~~. C ) • r-.~ Councilmember , PA'JC: (SOS) 969-3291 COUNTY COUNCIL Cou..:, , : County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 September 3, 1997 Mr. Nelson Tsuji Fire Chief Hawaii County Fire Department 466 Kinoole Street Hilo, Hawaii 96720 Re: Attached Bill For your information, attached is a copy of a bill for an ordinance initiating a charter amendment of the Hawaii County Charter (1991 Edition), as amended, by adding a new section relating to a Fire Commission, for your review and comments. Please feel free to submit any comments which you may deem appropriate. Should you have any questions, please feel free to call myself or my Legislative Assistant Liana Cox at 961-8492. Sincerely, Aaron S.Y. ung Chair Committee on Finance ASYC/Ikc Attach. H.ef i.'ate. j99yi --....,.r~'~.......,-'- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. A BILL FOR AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE HAWAII COUNTY CHARTER (1991 EDITION), AS AMENDED, BY ADDING A NEW CHAPTER PLACING THE FIRE DEPARTMENT UNDER A FIRE COMMISSION AND REPEALING ARTICLE VI, CHAPTER 4 RELATING TO THE FIRE DEPARTMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Fire Department is responsible for the prevention of fires and the protection of life and property from fires, natural disasters, and other emergencies. These duties must be performed by qualified, professional fire fighting and rescue personnel. More importantly, the leadership of the fire fighting and rescue personnel must also be qualified and professional, making imperative an upstanding selection and promotion system based on merit, ability, and work performance. To ensure proficient leadership and personnel for the Fire Department, as well as to enhance public oversight of departmental operations, the Council finds that a Fire Commission should be established. The Council further finds that the professionalism and integrity of the Fire Department will be compromised if political considerations influence personnel decisions in any way. The Council finds that the County's interest in assuring the professionalism and high quality of the proposed Fire Commission outweighs the right of Fire Commissioners to engage in political activities. The Council finds that same prohibition on political activities is imposed on members of the Civil Service Commission pursuant to Section 76-51 of the Hawaii Revised Statutes. SECTION 2. Article VI, Chapter 4 of the Hawaii County Charter (1991 Edition), as amended, is repealed in its entirety. 1 SECTION 3. Article VII, of the Hawaii County Charter (1991 Edition), relating to the Executive Branch-Departments or Agencies Under Commissions, is hereby amended by adding a new chapter to read as follows: "CHAPTER 4 FI F D .PARTM .NT Section 7-4 1 Organization There shall be a fire dep rtmPnr roncicring it commission. a fire chief a deputy fire chief and the neces azv staff Section 7-4 2 Statement of Hiring Policy It is hereby declazed to be the p~noce of this chanter to establish in the county a system of fire protection and nrevenrion and emerg~y rescue which shall be based on qualified and professional leadershjp and personnel In order to achieve this purpose the fire department shall be conducted in accordance with the followine: (al Standards for recruitment shall be designed to attract into the denaztmenr persons with high degrees of education. intelligence. and personal stability, (bl Promotions and other nersonnel actions shall be based upon fair and appropriate standards of merit. ability. and work performance (El Appropriate training shall be provided to the maximum extent possible and practicable. Section 7-4.3. Fire Commission. The fire commission shall consist of nine members. One member shall be appointed from each of the respective nine council districts. The members shall be appointed by the mavor and confirmed by the council in the manner prescribed in Section 13-4. The fire commission shall• (~L Adopt such rules as it may consider necessazv for the conduct of its business and the regulation of the matters committed to its charge and may review the rules and reeulations of the department. bbl Review the annual budget prepared by the fire chief and may make recommendations thereon to the mayor. L~.1 Evaluate annually the performance of the fire chief and submit an annual report to the mavor and the council. (dl Receive. consider. and investigate chazges brought to the public against the conduct of the department or any of its members and submit a written report of its findings 2 to the fire chief A summary of the charges filed and their disposition chall hP inoh~r~P in the annual report of the commission There hall be budgeted sufficient f ~ d in the annual budget of the fire department for use by the fire commission to fulfill the intent of this section. (el Advise the fire chief on fire-community relations Hire personnel necessary to cam out its fi~nctinns Except for pip s s of inquiry, neither the commission nor its members shall interfere in ny way with the administrative affairs of the department. Section 7-4.4. Political Activities Prohibited. Except for exercising the right to vote no member of the fire commission shall support advocate or aid in the PlPrr;nn nr defeat of any candidate for public office. Anv violation of this section by a member of the commission shall be cause for summary dismissal from the commission Section 7-4 5 Fire Chief and Dept The fire chief shall be appointed by~ig fire commission and m~v be removed by the fire commission at its sole discretion Anv_ motion for removal of the fire chief must contain a statement of reasons a_nd the commission shall not vote to remove the fire chief unless the fire chief ha been given an opportunity to respond to the statement of reasons at a hearing before the commission The deputy shall be appointed by the fire chief with the confirmation of the fire commi ion and may be removed by the fire chief with the approval of the commission without the cause being stated. The fire chief shall have had a minimum of five years of training and experience in a fire department including at least three years of which shall have been in a responsible administrative capacity. Section 7-4.6. Powers, Duties and Functions of the Fire Chief. The fire chief shall be the administrative head of the fire department and shall: (al Be charged with the prevention of fires and the protection of life and p~pe~- ,y from fires. natural disasters. and other emergencies. (bl Perform such rescue work as may from time to time be necessary. Train. equip. maintain and supervise a force of fire-fighting and rescue personnel. (dl Examine and monitor the construction and occ r~pancy standards of buildings for the plLrpose of fire prevention pursuant to section 132-10 Hawaii Revised Statutes 3 ~l Provide and maintain a fire prevention program including the inspe~+;on of potential fire hazard, the abatement of existing fire hazard nd the condu t of educational programs related to fire prevention (fl Properly maintain and account for all property and eggipme~+ ncP~y~g department. (g~ Cooperate fully with all other governmental agencies and the FrP commission in any matters related to its mission. (~l Grant withhold suspend or revoke certificate of fitnes related to on rtable fire extinguishers. (il Make periodic reports to the fire commission about the activi iec f th fire department and about actions taken on cases investigated by the fire commission (jl Have such other powers duties and functions as may be required by fire commission. provided by law. or necessary to perform its mission Section 7-4.7. Dismissal. Suspension, Demotion, or Grievance The di~mi sal sus en nsion demotion. or grievance of any fire department personnel shall be under procedures set forth by civil service laws and regulations. Section 7-4.8. Administrative Supervision. The fire department shall come under the general supervision and control of the mayor." SECTION 4. In order that the business of the County may continue without major hiatus during implementation of this Ordinance, the following transitional provisions are hereby authorized and made: A. The term of the fire chief and deputy fire chief serving on December 31, 1998, shall end on that date. Notwithstanding the ending of the term, the fire chief and deputy fire chief, serving on December 31, 1998 shall remain in office on an interim basis from January 1, 1999. B. The interim fire chief and deputy fire chief shall serve until an appointment to the position is made by the Fire Commission pursuant to Section 13-4 of the Hawaii County Charter. C. If an interim fire chief or deputy fire chief vacates or is removed from office by the mayor before an appointment to the position is made by the Fire Commission, the mayor may appoint another on an interim basis with confirmation of the council. 4 SECTION 5. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 6. If any portion of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the provision of the application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of the county for approval at the next general election. SECTION 8. Upon approval of the Charter amendments proposed in this ordinance by a majority of voter voting thereon, as duly certified, the Charter amendments shall take effect on January 1, 1999. INTRODUCED BY: COUNCILMEMBER, COUNTY OF HAWAII ASYC/lkc Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: 5