HomeMy WebLinkAboutCOM 0260.000 2014-2016Aaron S Y. Chung
Council Member
District 2 South Hilo
Date: March 31, 2015
To:
From:
HAWAII COUNTY COUNCIL
County of Hatvai'i
Hawai'! (70 o' Oullding
25.4upnni Street
Hilo, llawai'i 96720
Dru Kanuha, Chair
And Members of the Hawai'i County Council
Aaron S. Y. Chung, Council Memberat`
Phone No, (808)961-8272
Fax No.: (808) 961-8912
Aaron. chvngWhawaiicounty.gov
Re: Request for Executive Session To Discuss With Corporation Counsel the
Disciplinary Actions Taken Against Certain Employees of the Fire Department
Pursuant to Section 92-5(a)(2), Hawai'i Revised Statutes, as amended, and Hawaii County Council Rule 2-4,
1 request that the Council hold an executive meeting for the purpose of discussing with our Corporation
Counsel, and perhaps our Fire Chief, matters regarding the recent newspaper -reported disciplinary actions
taken against certain employees in the Hawaii County Fire Department I request that this matter be placed on
the April 15, 2015, Council meeting agenda.
It is not my intention to cast judgment on either the Fire Administration or any of the individuals that have
been placed on disciplinary leave and/or are under investigation. However, having previously served on the
Council when the County was hit with a sizeable judgment arising from circumstances at the Hawaii County
Police Department which bear some resemblance to those presented here, 1 am sure that you can understand
my apprehension and desire to have the council fully apprised of the situation. Of particular concern is the
application of a "regulation' which prohibits a fire employee from "publicly criticizing... the department" I
question the Constitutionality and enforceability of that proscription. I think that the Council needs to be
assured that our County attorneys are involved in advising the department every step of the way on this matter.
The State statute which allows for meetings closed to the public on matters affecting privacy also provides that
"if the individual concerned requests and open meeting, an open meeting shall be held." Therefore, I believe
that the three individuals involved in these matters should be notified and advised that they are able to ask that
their respective matters be taken up in open session.
ASYC:awm
cc : S. Maeda, County Clerk
J. Henricks, Deputy County Clerk
D. Goodenow, Council Services Supervisor
L. Murashige, Executive Assistant to the Chair
D. Rosario, Fire Chief
M. Stebbins, Corporation Counsel
S. Toriano, Director — Human Resources
D. DeLuz, Jr., Chair— Fire Commission
S. Loyola, Battalion Chief
T. Medeims, Battalion Chief
S Sommers, Fire Captain
Comm. No. 2 (00
Ref. To:
Ref. Data APR 01 2015
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