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HomeMy WebLinkAbout2019-06-12 Fire Commission Regular MinutesHAWAII FIRE COMMISSION MINUTES OF JUNE 12, 2019 WEST HAWAII CIVIC CENTER, BUILDING G CONFERENCE ROOM 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAII CALL TO ORDER Chair Henkel called the meeting to order at 9:06 a.m. ROLL CALL Present: Gregory Henkel, Chair Ralph Yawata, Vice Chair Kyle Keamo, Commissioner Donna Payesko, Commissioner Bobbye St. Ambrogio, Commissioner Scott Susman, Commissioner Robert Yamada, Commissioner A quorum was present Also present: Robert Perreira, Assistant Fire Chief Renee Schoen, Assistant Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES OF MAY 8, 2019 Commissioner Susman stated that he wants to amend what was written under the Chair's report on matters of interest to the commission. He distributed his written changes. After review and discussion, it was changed as underlined: Commissioner Susman stated that his issue is fulfilling their charter duties. He stated that many interpretations of the charter are not correct. He expressed interest in an audit by the Legislative Auditor. He said he would draft a letter inviting Mr. Brilhante and Ms. Nims to their next meeting to share their expertise on these subjects. The secretary stated that he could email it to her and she would send it out to the other commissioners for their input or editing Chair Henkel asked who wanted the matter on the agenda. It was unanimous to add this to the agenda. Chair Henkel stated that this matter would be added to the next agenda. Vice Chair Yawata moved to approve the minutes as amended. Commissioner Susman seconded, and it carried unanimously. FIRE CHIEF'S REPORT In Chief Rosario's absence, AC Perreira came before the commission and highlighted items from the Chief's written report: Hawaii Fire Commission Minutes of June 12, 2019 Page 2 • Budget and Finance: No supplemental requests were approved. They are working with Council members to approve budget amendments for apparatus funding, replacement of Brush Truck 17 in Laupahoehoe and Engine 20 in HOVE, and funding increase for station equipment. They received approval for hazmat grant to identify products and chemicals • Alternative Funding and Grants > 2018 CDBG: Paradise Park Brush Truck delivery is expected in July. > Daniel R. Sayre Foundation funding for out-of-state training: Nasa Collapsed Structure training in Sacramento (3 attended), FDIC conference in Indianapolis (2 attended), possible training for mechanics, and possible training for Aeromedical Program leaders. • Human Resources Division > Classification: Three Fire Fighter temp positions were reinstated to Fire Fighter Recruit temps. Three Fire/EMS Specialist 11 temp positions were reinstated to Fire Fighter Recruit temps. > Recruitments ✓ Internal within the Department: Fire Captain of Emergency Operations, Fire Equipment Operator, Fire/Hazardous Materials Specialist, and Fire Rescue Specialist. ✓ Open -Competitive: Fire Radio Dispatcher (3 hired), Water Safety Officer (various levels hired), Fire Fighter Recruit (30 applicants scheduled for assessment). ✓ Employee Development and Training: Mandatory Interview/Skill Set Training (2 attended). Performance Improvement Plan (1 attended). • Emergency Operations Division • Operations ✓ AC: AC Okinaka attended the HISS where mass casualty incident interpreters was discussed. He also attended an Incident Information Officer Training at HVNP. Numerous personnel helped to coordinate the Celebration of Life for Fire Captain David Mahon. ✓ East Hawaii: Responded to numerous fire and rescue incidents, including a drowning of a night diver. They did an auto extrication demonstration and simulated aero -medical transport with C-2 at a DARE Day Event. All non -mandatory training was cancelled due to fiscal constraints. ✓ West Hawaii: Responded to numerous fire and rescue incidents including a drowning of a person from a commercial dive boat. An auto/motorcycle accident on Highway 190 resulted in the fatality of Fire Captain David Mahon. The 46th recruit class did live fire training at PTA. In response to an inquiry about using drones, AC Perreira stated that he attended a recent conference in Indianapolis where there was a drone presentation. Drones are a good idea. They are looking into it, but funding the program is a big thing. They need to be able to support programs they actually have. Hawaii Fire Commission Minutes of June 12, 2019 Page 3 AC Perreira stated that the fire season is upon them, and they are working with other agencies to strategically place equipment. They reached out to vendors for price quotes and availability of equipment. If they could use county equipment, it would be a savings. They will be using the old command post for brush fires. Commissioner Yamada expressed concern about training for contractors and equipment operators. From his experience as a contractor, their operators have encountered dangerous situations. He used to only send in experienced operators. Commissioner St. Ambrogio questioned the liability for the County. AC Perreira stated that he believes the dozer comes with a spotter. He will bring this up with the Chief. Commissioner St. Ambrogio showed her identification card from the Chief. She encouraged the other commissioners to get one. Special Operations ✓ Hazmat: Received tentative approval for DHS grant for Hazmat equipment replacement. BC Kim is working to replace/service Chlorine A & B kits. ✓ Rescue: BC Kim is working on revising the FRS Performance Assessment Exam scoring criteria to make it more detailed and equitable for candidates. He is also working on a structured dive rescue gear annual maintenance system ✓ Ocean Safety: BC Kim is working with Fiscal and HR to prepare for the anticipated WSO positions and equipment for Kua Bay. ✓ Sayer Foundation: Compiled funding requests and award nominations for 2019. Continue to work with on Council resolution to accept all 2018 donations. • Support Services • Training: The 46th recruit started 24-hour shifts on May 20th. • Volunteer Training: Career and volunteer personnel attended the 2019 International Fire Chief's/Volunteer Symposium in Arizona. The Laupahoehoe and Miloli`i stations have shut down. • EMS: Dr. Bronstein had a meeting with Governor Ige and the Attorney General. He is backtracking on EMS support for FY 2021. Funding is in jeopardy, and something must be done. EMS currently collects $45M vs. $90M expenditures. The Governor's office would like to see it closer to $75M. Hawaii County only asks for one ambulance a year; Honolulu asks for five. • Prevention Bureau: Their Smoke Alarm Program continues with assistance from the Red Cross who provides the smoke alarms. They conducted two ice cream parties at two schools who had 100% participation in their Firefighter Safety Guides. • Auxiliary Services: The Active 911 Project is back on after a server was reconfigured. RapidSOPS/i911 Project assignments due June 15. The Hawaii Fire Commission Minutes of June 12, 2019 Page 4 Warehouse labeling project is 50% complete, and they are waiting for the July budget so they can purchase more label holders. Maintenance Shop: They plan to extend the awning to give them more work space. Mass Transit moved out of the Shultz Building and they are looking into moving their warehouse and mechanic shop there. • New Projects/Business: The Fire/Police Collated Dispatch Center continues to move forward with DPW. The Mayor wants to integrate a new Civil Defense Office at the site. They are trying to renovate the Paradise Park Station to accommodate more trucks. It is a Public Works project. They will also try to get volunteers. There was no discussion on April's meeting report. Recess was called at 10:40. The meeting reconvened at 10:56 a.m. AC Perreira reported that the County Finance will reimburse the Fire Department for overages from last year's eruption, brush fires, and hurricane events. NEW BUSINESS Discussion on the commission's oversight of personnel matters of the Fire Department and compliance with the Hawaii County Charter and Hawaii Revised Statutes. The following are a highlights of the discussion: Commissioner Susman stated that he sent out a letter but didn't get a response, so he called Ms. Pelayo about it. Then, they received this privilege and confidential letter to the commission regarding this agenda item. He asked who the client was, if the commission as a whole was the client, and if anybody asked for the information. Ms. Schoen stated that at the last time when they decided to put this on the agenda, Commissioners St. Ambrogio or Yamada wanted to discuss it. Chair Henkel stated that he communicated with Ms. Schoen about this also. Three people requested information. After some discussion, Commissioner Susman motioned to waive their rights to this confidential document and make it a public document. (No second called.) Ms. Schoen suggested that the commission discuss this issue as a whole and see what the commission wants to do. Commissioner Keamo stated that first, he wants a point of the discussion, what the issue is, and the focal point. Hawaii Fire Commission Minutes of June 12, 2019 Page 5 Commissioner Susman stated that the issue is to get expert opinion on the charter, a legal opinion on what the charter says, and what the job of the Fire Commission is. He is trying to invite these experts, like a seminar. After more discussion, Commissioner Susman stated that it doesn't take the whole commission to do oversight. One person could do oversight. Ms. Schoen disagreed. She stated that the commission acts as a body. Commissioner Yamada stated that they can seek information as a commission, not individually. Chair Henkel asked Commissioner Susman if the root of his concern is the HR hiring process. Commissioner Susman stated that that is part of it and also the charter where it says that the commission shall not interfere in any way with the administrative affairs of the department. After more discussion, Commissioner Susman stated that there were many incorrect things in Ms. Schoen's letter. He then went on to read his written testimony (on file). In summary, he disputes the Fire Chief's and Corporation Counsel's interpretation of the charter and HRS with regards to the commission's duties and releasing of personnel records. He wants to see the records of an applicant's score and interview. He wants third parties to resolve these issues. Commissioner Yamada told Commissioner Susman that he is acting on hearsay and making statements on hearsay. Assistant Chief Perreira stated that there are people who are good in interviews and some who are not. He has been on a lot of panels, and he believes their process is good. If someone is not doing well, they need to know. They are concerned about people who are young and inexperienced. Being in the process, he believes their process is good. In the last class four people resigned. They were in the top of the class, but they felt it was not right for them. Commissioner Yamada stated that he would not want to interfere in the objectivity of the interview. Commissioner Susman stated that he wants to ask the HR Director and Legislative Auditor if their process is fair. Commissioner Yamada told Commissioner Susman that given his reasons, he doesn't think it's right to ask these people to advise them. What he is saying is his perception of what the truth is. Hawaii Fire Commission Minutes of June 12, 2019 Page 6 Chair Henkel stated that they are an oversight board, and they have an oversight process. They are not an investigative board. The Human Resources process is not their kuleana. Commissioner Payesko asked what the Legislative Auditor does. Ms. Schoen stated that she does financial audits of the programs and agencies in the county. Typically, they focus on financial matters. They did an audit on the HR Department. She has not seen them do a performance audit of a board or commission. Commissioner Payesko stated that she has had phone calls from people who are frustrated with the Fire Department's hiring process but doesn't know if their area of responsibility is that broad. Commissioner Keamo stated that he is okay with asking Human Resources if the hiring practices and process is fair in accordance with the law. If they say yes, than he is okay with that. They need to trust those doing the hiring. Commissioner Susman again asked to have a seminar to see if they are doing it right. He doesn't think they are. He would like to make a motion to send his drafted letters. Commissioner Keamo stated that before voting on the motion, they could formulate questions and include it in the letter. Their response to the commission could be written. Chair Henkel stated that he would like to clarify the letter. Commissioner Yamada stated that he doesn't agree with things in the letter. Following more discussion, Chair Henkel stated that he is satisfied with the professional advice they have had from Corporation Counsel. Commissioner Susman stated that he is not at all. Ms. Schoen stated that Corporation Counsel is the entity that interprets the charter for all its County clients, including HR and the Legislative Auditor. They advise their County clients, and sometimes, their advice is not heeded. If their clients disregard their legal advice, they do so at their own peril. Sitting in on employment interviews is not within the commission's jurisdiction. After more discussion, Commissioner Susman stated that his main issue is with personnel matters. AC Perreira stated that the Chief does not get involved in the interview process. He only gets the final outcome. Hawaii Fire Commission Minutes of June 12, 2019 Page 7 Commissioner St. Ambrogio recommended that a little knowledge doesn't kill anybody. Maybe they need to hear from these two people on specific questions. They could change the wording on the letters to satisfy everybody. She personally feels that a letter response is sufficient. Ms. Schoen suggested that prior to having HR and the Legislature Auditor come before them, they could have an informational session by the Fire Department to tell them about the current hiring practices, recruitment, and internal recruitment. Commissioner Susman asked why they couldn't have HR and the Auditor come to their meeting. He wants to see the memos. Anytime a commissioner wants to see it, they get it. Ms. Schoen stated that the memos keep coming up. She told Commissioner Yamada that it was discussed at a meeting on April 11, 2018. At that time, the commission didn't want the memos. Ms. Pelayo has the minutes of that meeting. After discussion, the letters to the HR Director and Legislative Auditor was amended to: "We would like to clarify the oversight and monitoring responsibilities of the Human Resources Department and the Fire Commission to assure continuous compliance with civil service statutes and policies for personnel actions in the Fire Department. If you feel the need for an in person discussion, we invite you to our next meeting. Please respond in time for our next meeting." Commissioner Susman motioned to accept the letter as amended. Commissioner Payesko seconded. Chair Henkel voted no. The motion carried. Commissioner Keamo asked if this was going to satisfy this issue. He doesn't want to motion just to motion. He asked if this is the means to an end. Chair Henkel asked if there is an issue or if this is personal. Commissioner Susman stated that he wants to satisfy the public. Commissioner Payesko motioned to invite Fire personnel to talk about their hiring process. Commissioner St. Ambrogio seconded, and it carried unanimously. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION Chair Henkel apologized for forgetting to attend the recruit graduation. Commissioner Yamada asked for information on the Charter amendments that relate to the Fire Commission. Ms. Pelayo stated that allowing the commission to discipline the Fire Chief is a result of a lawsuit filed by the Kauai Police Commission against their Mayor. The Appeals Court ruled that if the commission can fire the Chief, they should have the authority to discipline. This was brought up previously, and the Chief knows about it. An amendment adds water safety to the Fire Chief's duties. Hawaii Fire Commission Minutes of June 12, 2019 Page 8 ANNOUNCEMENTS Chair Henkel announced that the commission's next monthly meeting is scheduled for July 10, 2019, at 9:00a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 12: 10 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: GREGORY HENKEL, CHAIR