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HomeMy WebLinkAboutBIL 261 Draft 01 1994-1996 OFFICE INFORMATION ONLY Meeting: Finance Committee - 12/20/2004 Action: Close file via Comm 21 dated 12/07/2004 Re: Comm. 1138 (Bill 261) (1996) ~ / OFFICE INFORMATION ONLY Meeting: Finance Committee - September 16, 1997 Action: Deferred '" HistoJ:y: Re: 04/30/96 - Referred to Administration and Firefighter's Union for cannents 05/03/96 & 08/22/96 - Letters transmitted to the AdminiStration . and the Firefighter's Union for cannents/recoomendations and update r08/22) of their review of -the bill. 09/16/96 - Deferred K>TE: FIRE CXHfiSSION WAS FORmD BY '!HE E:LEX:'IDRATE IN '!HE ELEX::TION OF 2002 COmm. 1138 (Bill 261) (1996) COUNTY OF HAWAII %' 4 4 'STATE OF HAWAII ' s� BILL NO. 261 ORDINANCE NO. A BILL FOR AN ORDINANCE TO INITIATE AMENDMENTS TO THE HAWAII COUNTY CHARTER (1991), RELATING TO THE CREATION OF A FIRE COMMISSION BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1 Purpose The purpose of this ordinance is to establish a fire commission This fire commission will perform its duties and functions in a similar manner to the police commission Part of these duties would be to appoint the fire chief, thus removing politics from this position and allowing for continuity within the department even though there may be a change in the mayor's office SECTION 2 Article VI, Chapter 4 of the Hawaii County Charter (1991), relating to the Fire Department, is hereby amended to read as follows "Section 6 - 4.1. Organization. There shall be a fire department consisting of A fire commission a fire chief, a deputy fire chief and the necessary staff Section 6 - 4.2. [Fire Chief] Fire Commission. [The fire chief shall be appointed by the mayor, confirmed by the council and may be removed by the mayor ] The fire commission shall consist of nine members one from each council district The members shall he appointed by the rpavor and confirmed by the council in the manner prescribed in Section 13 -4. The fire commission shall, (a1 Adopt such rules as it may consider necessary for the conduct of its business and the regulation of the matters committed to its charge and may review the rules and regulations of the department (b) Review the annual budget prepared by the fire chief and may make recommendations thereon to the mayor. (p) Submit an annual report to the mayor and the council. (d) Receive. consider. and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the fire chief. A summary of the charges filed and their disposition shall he included in the annual report of the commission. There shall he budgeted sufficient funds in the annual budget of the fire department for use by the fire commission to fulfill the intent of this section. (e) Advise the fire chief on fire - communi relations. (fl Hire personnel necessary to carry out its functions. Except for purposes of inquiry. neither the commission nor its members shall interfere in any way with the administrative affairs of the department. Section 6 -4.3. [Powers, Duties and Functions] Fire Chief and Deputy. [The powers, duties and functions of the fire department shall be prescribed by ordinance and shall be exercised and performed by the department ] The fire chief shall be appointed by the fire commission and may he removed by the fire commission at its sole discretion. Any motion for removal of the fire chief must contain a statement of reasons and the commission shall not vote to remove the fire chief unless the fire chief has been given an opportunity to respond to the statement of reasons at a hearing before the commission. The deputy shall he appointed by the fire chief with the confirmation of the fire commission and may he removed by the fire chief with the approval of the commission. without cause being stated. The fire chief shall have had 2 1. minimum of five years of training and experience in a fire department. at least three years of which shall have been in a responsible administrative capacity, Section 6 -4.4. Powers. Duties and Functions. The powers. duties and functions of the fire department shall be prescribed by ordinance and shall he exercised and performed by the department." SECTION 3 Matenal to be repealed is bracketed New material is underscored In printing this ordinance, the bracketed material and underscoring need not be included SECTION 4 In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other portions of this ordinance. SECTION 5 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. INTRO I UCED BY r a. CO L r MB'' COUNTY OF HAWAII R4TH/eja Hilo, Hawaii Date of Introduction• Date of 1st Reading Date of 2nd Reading. Date of 3rd Reading Effective Date. REFERENCE, , Comm. 1138 3