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HomeMy WebLinkAbout2023-09-28 Fire Commission Minutes HAWAII FIRE COMMISSION REGULAR SESSION MINUTES SEPTEMBER 28, 2023 HAWAII COUNTY BUILDING, COUNCIL CHAMBERS 25 AUPUNI ST., SUITE 1401, HILO, HI CALL TO ORDER AND ROLL CALL Chair Kosaki called the meeting to order at 9.00 a.m. Present: Gerald Kosaki, Chair Carlene Wolf, Vice Chair Corey Luke, Commissioner Shon Magsalin, Commissioner Wesley Mattos, Commissioner Gene Nakashima, Commissioner A quorum was present. Absent: Gregory Henkel, Commissioner Also present: Kazuo Todd, Fire Chief Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary PUBLIC STATEMENTS ON AGENDA ITEMS (None) APPROVAL OF MINUTES • Commissioner Nakashima motioned to approve the regular session minutes of August 24, 2023. Vice Chair Wolf seconded, no discussion, it carried unanimously, and the minutes were approved. There was no executive session on August 24, 2023. FIRE CHIEF'S REPORT Chief Todd highlighted items from the Fire Chief's Report. A detailed report is on file. • Highlights: On August 8, 2023, HFD responded to wildfires. In many ways, it was a repeat of Mana Road, but this time directly next to homes. No residential structures were lost, but they did lose a large warehouse and there were damages to two bridges in the Mauna Kea Beach area, rendering them non-functional. HFD units were stationed to protect homes. Through their diligent efforts, HFD successfully prevented any residential properties from succumbing to the flames. Chair Kosaki inquired about the warehouse's purpose, specifically whether it served as a maintenance facility for Mauna Kea. In response, Chief Todd indicated that he believed it functioned primarily as a storage warehouse and proceeded to share its location with Google Maps. There was further discussion regarding the fires in Lahaina, which led to a broader conversation about the valuable lessons gathered and the proactive measures taken to mitigate potential risks. Fortunately, our island was spared from encountering the Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 2 same issues, mainly due to its relatively greater resource availability. During the same timeframe, seven fires ignited, with four erupting in the Waikoloa region and three in Kau. The three fires in Kau were swiftly contained and didn't escalate into major concerns. The four fires in the Waikoloa area experienced significant growth. Their proximity allowed for the efficient allocation of resources and personnel, facilitating quick resource shifts between areas. In contrast, Maui's unique geographical layout, with its disparate locations and the challenge of navigating traffic, presented a different set of hurdles. This collaborative effort involved numerous organizations, including HFD, the Division of Forestry and Wildlife, US Fish and Wildlife, National Park Service, PTA, and dedicated volunteers. • Budget: Chief Todd reported that the budget is closely aligned with their intended financial goals. They're spending within limits and are on track with where they want to be currently. • Alternative Funding & Grants: HFD has been approved for CDBG this year to obtain more brush trucks and possibly a building in the Paradise Park area for vehicle storage. • Personnel Report: Internal recruitments are underway for Fire Rescue Specialist, Fire/EMS Specialist I and 11. Regarding open recruitments, interviews are scheduled for three Fire Safety Specialist candidates on October 2, 2023. Recruitment efforts for Fire Communication Officer I are ongoing, with one candidate recently dropping out of the current class due to curriculum challenges, but the remaining four candidates are making substantial progress. Chief Todd noted that since 2012, retention rates have been subpar, but they are now showing improvement, and it seems likely that four out of the five candidates will be retained. A new class of Fire Fighter Recruits has commenced, advancing to the next recruitment phase. HFD has applied for a SAFER grant, and if approved, they will gain authorization for an additional 12 firefighter positions. While HFD currently has a relatively low number of vacancies, approximately 3-6 at the year's end, depending on eligible retirements. If the SAFER grant is granted, they may have enough positions to initiate a recruit class in February; if not, the next recruit class will begin in August, making use of the applicant list. Additionally, the Fire/EMS Recruit program is now integrated with the Fire Fighter Recruit program. Applicants holding EMT or paramedic licenses can apply through this alternative process and go through the same recruit class. Makena Ahuna has been hired as a Professional Trainee 1, while Lene Labrador has been promoted to Senior Account Clerk. Kelly Lee has joined as an Account Clerk. A total of nine candidates were interviewed for Water Safety Officer I positions. In terms of expansion, positions for WSO 11, WSO 111, WSO V, and a Clerk for Water Safety are currently in the process of being established. Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 3 Chair Kosaki wanted to know how it's been for HFD dispatchers working in HPD's dispatch center. Chef Todd explained, that in the long term, they'll be working in a new dispatch center, sharing a physical location. The current police chief is open to the idea of re-titling their positions as "Public Safety Communicators" instead of specifying police or fire, a change Chief Todd supports. Although this may involve a lengthy process with the Department of Human Resources (DHR), it could be a possibility in the future. For now, the focus is on managing day-to-day operations. There was further discussion regarding the non-emergency phone line and other lines within the police and fire systems. Chair Kosaki inquired about the transition of WSOs from part-time to full-time roles. Chief Todd clarified that all but two individuals have shifted to full-time positions, with the remaining two or three opting to work part-time at 20 hours a week due to personal preference. The discussion turned to the status of the WSO V position. Chief Todd conveyed that it's still under review by the Department of Human Resources (DHR), along with several other newly created positions. Chair Kosaki sought information regarding the vacant Battalion Chief position in West Hawaii after a retirement. Chief Todd explained that they currently have a backlog of work and are running behind schedule. An assessment for this position is expected in October, and the delay is affecting various other aspects of their operations. To address the workload, Chief Todd mentioned reassigning his secretary to focus solely on assisting him and emphasized the need for assistant chiefs to have their own clerks. There's a growing demand for firebreaks in various communities and public meetings, with Chair Kosaki suggesting delegation to the chiefs below him for effective management. Commissioner Mattos commended Chief Todd for his positive efforts in improving dispatch but expressed the need for more support in other department areas from the chiefs working under him. Chief Todd assured Commissioner Mattos that both the deputy and assistant chiefs are dedicated and working diligently, although their workload has become overwhelming. Chair Kosaki recommended that the chief consider delegating some of his responsibilities to the BCs. Chief Todd explained that BCs have also been stepping up and have been doing a great job. • Total Calls for Service: Total calls for the month of August is 2,710, year to date at 22,027, and the estimated number of calls for service at the end of the calendar year is 33,041. • Fire Impacts: In August, content loss is estimated at a little over a million dollars. • Emergency Operations: Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 4 o Battalion 1 (East Hawaii): Brush fires in Naalehu/Pahala, on 8/9. Swimmer in distress at South Point on 8/11, and another swimmer in distress on 8/29 at Ha'ena Beach (Shipman). • Special Operations: o Haz-Mat: They're working on their new Hazmat pickup trucks, specifications have been sent out and they're waiting for finance to finish the procurement process. A concrete pad was put in the back of Station 4 and three storage sheds have been added. o Rescue: After completing all repairs on the Radon, it underwent a day of testing in the ocean. A few adjustments were made, and a final run was conducted before considering it ready for use. However, during these tests, it was discovered that the fuel tank was leaking. Although no official estimate has been obtained, the expected repair cost is anticipated to be in excess of $60,000. Commissioner Mattos inquired about the boat's location, and Chief Todd confirmed it was in Hilo. Commissioner Mattos expressed doubt about a $60,000 repair cost, mentioning he completely refurbished his own boat for that amount. He inquired if it was true that the boat might not be repaired due to the arrival of a new boat by year-end. Chief Todd explained that the decision would hinge on the repair quotes. A new boat is expected in November, and they're waiting to see if they secure the Port Security Grant, which could potentially provide an additional $300,000 for a new boat. Chair Kosaki asked about the truck needed to pull the new boat, and Chief Todd clarified that the process had started at the beginning of the year, with specifications sent to fiscal, awaiting procurement. Commissioner Mattos raised the issue of the agreement to provide HFD with a boat, contingent on HFD supplying the truck. Chief Todd stated that he got the funding for it, but expressed uncertainty about the finance status, would follow up, and will have an answer for him next month. Commissioner Mattos suggested that the boat's problems might have arisen from it sitting outside Station 2 and recommended storing it in the covered garage in Kona if it must sit unused. Chief Todd agreed, and stated he would follow up after the meeting, and would email the results. o Ocean Safety: WSO I recruitment PAE and interviews were completed on August 21 and 25. Chief Todd commended their lifeguards for doing an amazing job with the Junior Lifeguard Program, the championship was a successful event and they are now permanently funded for this event. Moving Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 5 forward, there's an annual allocation of$30,000 to ensure the ongoing sustainability of the Junior Lifeguard Program. • Support Services: o Emergency Medical Services: The Controlled Substance Authorization Certification for EMS has been renewed. A new cargo delivery truck, acquired at a cost of $110,417 from International Trucks of Hawaii, has arrived to replace the current 12-year-old delivery truck. EMS staff participated in the Panasonic Toughbook Technology Seminar in Honolulu on August 15, 2023. Additionally, hands-only CPR training is ongoing, with approximately 70 participants. The paramedic class has started with nine personnel enrolled, and EMS Branch personnel are actively involved with the in-service training for the new department helicopter. o Training Services: HFD's recruit class 52 commenced on August 1, 2023, consisting of 20 firefighters, including one Pohakuloa Fire Fighter and one DOT ARFF Fire Fighter. Various training events have been incorporated into their curriculum. The "ISO HFD Drill Report" initiative aims to enhance training reporting and enhance operational safety through more comprehensive details. o Volunteer Training: Numerous volunteer companies played a vital role in responding to the recent brush fires, offering essential support. Throughout the August 8th and 9th fires, volunteers collectively contributed more than 400 hours of their time. o Fire Prevention: The Fire Prevention branch carried out investigations into a total of 46 complaints. Additionally, there was further discussion about ensuring the safety of the solar farm facility in Waikoloa. Chair Kosaki inquired about the appropriate point of contact within the Fire Department in the event of a potential fire hazard in an area. Chief Todd explained that the public can email fire@hawaiicounty.gov, and these complaints are subsequently directed to Fire Prevention for inspector evaluation. The discussion extended to topics such as the Fire Code Chapter 17, the absence of a Fire Appeals Board, and concerns related to vacant land and unattended structures. • Logistics, Emergency Communications, and Vehicle Maintenance Section: HFD currently has four Fire Communication Officer Is (PIO 1) making progress. Construction for the new emergency call center is ongoing, with expected occupancy in May 2024. HFD has transitioned to a new ordering system. Clerk Labrador Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 6 handled 19 record requests this month, emphasizing the need to re-hire for this role to keep up with requests. Several significant purchasing projects are in progress, including airbags, extrication tools, beds, and exercise equipment. The vehicle maintenance shop completed 83 repairs, addressed 26 trouble calls, and outsourced 11 repairs and tows. In the next month or two for next fiscal year, they'll ask for the expansion of their mechanics, with the goal of establishing a mechanic shop in West Hawaii for the next fiscal year. Additional discussions encompassed grants, the acquisition of more brush trucks, insurance protection classifications, and concerns about the safety of older fire trucks. Commissioner Nakashima inquired about the age of Engine 12, and Chief Todd indicated that he didn't have that information at hand but could provide it later. Commissioner Nakashima then questioned why it wasn't being repaired under warranty, to which Chief Todd responded that the repair details would need to be examined. Commissioner Mattos asked if the warranty process needed to go through the specific mechanic designated by the engine manufacturer and inquired if HFD's ex- deputy chief was responsible for these repairs. Chief Todd clarified that he believes the ex-deputy chief primarily functions as a salesman and has been involved with some truck-related matters, but he's uncertain if he handles the repairs. In response to the question of why the repair process takes time, Chief Todd explained that the timeline depends on various factors, such as the vehicle in question and the specific circumstances. • Information Technology Highlights: Ongoing efforts include MDT (Mobile Data Terminal) installations. The IT team is also working on upgrading the Viper system (Intrado). Notably, the current Records Management System (RMS) is being replaced with EPR Fireworks, which is a cloud-based, online system with numerous modules. This new system eliminates the need for the IT department's direct involvement in upgrades and updates, streamlining operations. Chair Kosaki inquired about the training memo related to SCBA maintenance, specifically noting the presence of volunteers. He questioned why volunteers were being trained when they were not receiving SCBAs. Chief Todd clarified that the volunteers were equipped with 3M masks and side cartridges requiring fit testing before issuance. Due to capacity constraints, the decision was made to involve them in the team to qualify them for fit testing. While they are not currently authorized to use SCBAs in fires due to the extensive training and liability considerations, the department is taking a cautious approach. Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 7 Commissioner Mattos mentioned a department employee facing a civil suit. DCC Salas-Ferguson advised that this issue should be properly placed on the agenda, and it involves considerations of the commission's powers and duties as well as privacy rights. Commissioner Magsalin highlighted an upcoming community meeting in Waimea or Laupahoehoe and initiated a discussion about wildfire assessments. Chief Todd shared that a program involving the Hawaii Wildfire Management Organization will have volunteers visiting homes for assessments and offering guidance on enhancing home safety. Recess was called at 10.26 a.m., the meeting reconvened at 10.40 a.m. UNFINISHED BUSINESS Correspondence No. 23-02: Salary Commission's inquiry to the appointing authorities concerning proposed salary adjustments for fiscal year 23-24. Chair Kosaki conveyed that they had requested a presentation from DHR and that DHR had provided information on salary adjustments from 2005 to 2018. Since 2018, there have been no changes in salary. The report also included salary comparisons for all fire chiefs in other counties in the State. Commissioner Magsalin asked Chief Todd about his weekly work hours. Chief Todd clarified that he is salaried and doesn't receive overtime pay. On average, he works approximately 10-12 hours per day, with an additional 4-6 hours on Saturdays and Sundays. Occasionally, he takes Sundays off. The commission discussed potential salary adjustments for the fire chief position. DCC Salas-Ferguson clarified that the Salary Commission determines the salary for the fire chief position itself, not evaluating individual performance. They are seeking the Fire Commission's opinion on whether the chiefs salary should be increased, decreased, or remain the same and the reasoning behind this recommendation. Chief Todd expressed that he took the position not for the pay but to address the department's challenges. He acknowledged that there are numerous issues within the department and expressed concern about the ongoing lawsuit regarding battalion chiefs' salaries. He recommended tying or postponing any scheduled raise to the lawsuit's outcome. DCC Salas-Ferguson emphasized that the Salary Commission is not assessing the chief's performance but determining the appropriate salary for the position of fire chief based on its demands and responsibilities. Chair Kosaki expressed the need for more information to make an informed recommendation, particularly by comparing duties and salaries with other counties in Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 8 the state. Chief Todd provided insight into how HFD compares to those on Maui and Kauai, noting the differences in station numbers and department structure. Further discussion revolved around inflation and various proposed percentage increases for the chiefs salary. • Commissioner Magsalin made a motion to increase the chief's salary to $190- $200,000. The rationale would be considering the workload, scope, and inflation. Chair Kosaki suggested discussing this further before making a motion. DCC Salas- Ferguson advised there could be a second to enable discussion. However, no one seconded the motion. He suggested there could be a second for discussion purposes only. Commission Luke subsequently seconded the motion for the purpose of discussion, refinement, and gathering additional opinions. Chair Kosaki advocated for a 20% increase for the chiefs salary, echoing Commissioner Magsalin's reasoning. Commissioner Magsalin noted the growing population and increased demand for fire and emergency services in Hilo, as it is the second-largest population center in the state. Commissioner Luke emphasized the unique challenges faced by HFD, given the island's vast physical size and the need to serve remote areas. Commissioner Mattos inquired about the impact on the deputy chief's salary if the fire chiefs salary increases. Chair Kosaki indicated that an increase for the deputy chief typically follows that of the fire chief. Commissioner Mattos expressed interest in making a motion to raise the salary by 20%. DCC Salas-Ferguson explained the procedural steps required for this, suggesting that Commissioner Magsalin could either withdraw her original motion or he could make a motion to amend it, leading to a subsequent vote on the amendment motion. • Commissioner Mattos made a motion to amend the original motion, seconded by Vice Chair Wolf. o Ms. Correa called a vote by roll call: Commissioner Nakashima voted in favor, Commissioners Luke and Magsalin opposed, Commissioner Mattos, Vice Chair Wolf, and Chair Kosaki voted in favor. With four in favor and two opposed, DCC Salas-Ferguson explained that the motion to amend had failed since it required all five votes. Chair Kosaki inquired about the course of action in the event of a stalemate. DCC Salas-Ferguson explained that if no recommendation is reached by the Fire Commission, the Salary Commission would proceed without their input. Chair Kosaki asked if anyone wanted to change their position, if not they would move on with no recommendation. The original motion is still on the floor. The motion on the table was to increase the chief's salary to $190-$200,000, he asked if there was any further discussion, but there was none. Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 9 o Ms. Correa called a vote by roll call: Commissioner Luke voted in favor, as did Commissioner Magsalin, while Commissioner Mattos, Commissioner Nakashima, Vice Chair Wolf, and Chair Kosaki voted against the motion. The motion failed. DCC Salas-Ferguson advised someone could make a general motion, it seems that all agree on an increase, you just can't find a number. • Commissioner Luke made a motion to increase the fire chief's Salary to align with the current rate of inflation, making it competitive with other fire chiefs in the state. The rationale behind this motion was the impact of inflation and the absence of salary increases since 2018. Commissioner Magsalin seconded the motion. During the ensuing discussion, Chair Kosaki stated the rate of inflation is good, but it isn't a definite number. He pointed out that other jurisdictions offer pay increases that do not necessarily align with the rate of inflation. Chair Kosaki suggested a 20% increase, which would raise the salary to approximately $181,000, surpassing Maui's salary, and it is the most comparable jurisdiction. Commissioner Magsalin sought to determine the percentage increase required to reach a $185,000 salary. Ms. Correa confirmed that a $185,000 salary would translate to a 22.35% increase. o Ms. Correa called a vote by roll call: Commissioner Nakashima and Commissioner Mattos voted against the motion, while Commissioner Magsalin and Commissioner Luke voted in favor. Vice Chair Wolf and Chair Kosaki also voted against the motion and the motion failed. • Commissioner Nakashima put forward a motion to provide no recommendation to the Salary Commission, and Commissioner Mattos seconded the motion. The motion was made without further discussion. o Ms. Correa called a vote by roll call: Commissioner Luke and Commissioner Magsalin voted against the motion, while Commissioner Mattos, Commissioner Nakashima, Vice Chair Wolf, and Chair Kosaki voted in favor. The motion failed. Chair Kosaki emphasized the need to provide a response to the Salary Commission. DCC Salas-Ferguson recommended that, for the time being, they could convey to the Salary Commission that they are deferring the matter to the next meeting in the hopes of reaching a consensus. Alternatively, someone could make a motion recommending a broad increase in the chiefs salary. The discussion highlighted the importance of taking some action rather than none. Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 10 • Commissioner Luke made a motion indicating that the Fire Commission supports an increase to the fire chief's salary considering the scope and duties of the position. Commissioner Nakashima seconded the motion, with no further discussion, all were in favor, and it carried unanimously. Recess was called at 11.49 a.m., the meeting reconvened at 12.00 p.m. UNFINISHED BUSINESS Hawaii Labor Relations Board Decision No. 515: Bran Keopuhiwa v. Hawaii Fire Department, County of Hawaii; and Hawaii Fire Fighters Association, IAFF, Local 1463, AFL-CIO. Chair Kosaki reported that the decision was in favor of Keopuhiwa, and the decision date was June 30th. After receiving an email from the chief, Chair Kosaki decided to look into the matter further. He asked the chief about the department's required course of action in response to this decision. DCC Salas-Ferguson advised that the Fire Commission has the authority to review personnel actions within the department to ensure they adhere to policies outlined in section 7-4.2. Rule 4 specifies that the commission should not interfere with the administrative affairs of the department under any circumstances. While the commission can review operational matters, it should refrain from interfering in administrative matters. DCC Salas-Ferguson pointed out that this particular case is related to a personnel action, and is subject to active litigation, and he believes the final decision has not been reached, rendering it non-public. Chair Kosaki expressed a differing viewpoint, stating that the decision has already been made, and there is a petition to modify that decision. While there is an ongoing grievance process, the original decision is public and a matter of public record. Chief Todd added that the decision is available on a public domain. DCC Salas-Ferguson cautioned everyone to avoid delving into attorney-client-privileged information and to ensure that their inquiry does not concern the administrative actions of the HFD. Instead, they should focus on their authority, which is to review personnel actions to ensure they are based on fair and appropriate standards. Chair Kosaki affirmed that they would not discuss personnel actions and emphasized that they were not dwelling on the chiefs decisions. The decision in question pertained to the court's ruling and the HLRB decision concerning a grievance filed against the union, specifically addressing a duty of fair representation that had been upheld. This decision specified certain requirements for both the union and the chief to comply with, typically within 30 days from the order's date of June 30th. Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 11 Chair Kosaki noted that when the decision came down, both the union and the chief had their respective roles to play. He understood that the HFD did not fulfill a particular section related to the movement of personnel. In response, Chief Todd explained that they relied on their legal counsel to manage the case and provide guidance. All their decisions were made in consultation with legal counsel and were based on their recommendations. In this specific case, there was a disagreement between HFD's legal counsel and the union's legal counsel regarding the required actions. This disagreement has created a division, which is why he brought it up with the chair. The union was not satisfied with their legal counsel's advice, leading to some discomfort within the union. As far as the fire chief and his decisions are concerned, they follow the guidance provided by their legal counsel. Chief Todd wanted to make it clear that his comments were not directly related to the case or the decision itself, but rather the unhappiness within the union and the potential for it to be brought before the Fire Commission at some point. Chair Kosaki mentioned that after receiving this information, he spoke with Corp Counsel, their opinion on this was that the law should've been followed. He pointed out that there appeared to be some conflict. Chief Todd inquired about the specific attorney who told him this, but DCC Salas- Ferguson stopped the conversation and emphasized that any discussions with an attorney should remain confidential and not be disclosed. He reiterated that the focus should be on whether the actions were based on fair and appropriate standards of merit. Chair Kosaki expressed his concern that if a court order, which effectively becomes law, was not followed, it would raise questions. He wanted to understand why it wouldn't be followed. He explained that within HFD, there are guidelines, rules, and regulations, and there's the law. While rules and regulations must be adhered to, if there's a law superseding them, the law should take precedence. In this case, the HLRB's decision and ruling constituted a court order, effectively becoming law. If a law mandates compliance by a certain date, it should be followed. DCC Salas-Ferguson noted that Chief Todd had previously explained that he had consulted with attorneys assigned to the matter. Chief Todd clarified that he has an attorney who represents him and there's a lawyer who's representing the County for this particular case. Their legal judgments and interpretations guided his actions. He emphasized that he remained neutral and aimed to satisfy the legal requirements. The internal disagreement between both attorneys centered on the interpretation under 515. They had engaged in multiple exchanges of differing opinions. Chief Todd raised the issue with the chair to make it known that the union was unhappy with the interpretation. He did not intend to delve into specific details but wanted to inform the commission about the union's dissatisfaction with the case. Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 12 Chair Kosaki sought clarification on whether Chief Todd's decisions were based on his judgment or if he was simply following legal guidance. Chief Todd clarified that his role was to ensure the department followed legal instructions, rather than taking a specific side with the union or employees. His goal was to fulfill the necessary requirements to ensure everyone was satisfied. Chair Kosaki inquired if the reason for not following the court order was due to ambiguity in the order. He wanted to understand why the court order was not adhered to and asked if it was unclear. Chief Todd explained that it was the interpretation of the lawyers that guided their actions. They believed they were following the court order based on the legal interpretation provided to them by the attorney managing the case. The department's actions were in accordance with the legal guidance they received. Commissioner Magsalin expressed the difficulty of addressing cases brought up during meetings when commissioners are not aware of all the facts. If someone approaches her with something happening in the department, she would need to determine if it's factual. DCC Salas-Ferguson advised if someone wants to make a complaint, there are specific procedures for that. If the commission has an issue with the chief's performance, they could do an evaluation. There is an annual evaluation, but you could do an evaluation at any time and there's a process for that as well. NEW BUSINESS Discussion of the Fire Commission's duties and responsibilities under the County Charter § 7-4.3 and Rules 11 and 13 of the County of Hawaii's Fire Commission Rules and Regulations, including the fire chief's appointment, evaluation, discipline, and removal. Chair Kosaki noted that Commissioner Mattos had some questions and Commissioner Mattos requested to go into executive session. DCC Salas-Ferguson explained that they can discuss their rules and procedures, but could convene in executive session when they have questions requiring legal advice. Chair Kosaki opened the floor for discussion. Commissioner Mattos stated he had questions for counsel. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Vice Chair Wolf motioned to meet in executive session pursuant to Hawaii Revised Statutes, Section 92-5(a)(4), for the purpose of consulting with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties, Hawaii Fire Commission Regular Session Minutes September 28, 2023 Page 13 privileges, immunities, and liabilities. Commissioner Luke seconded, with no discussion, and it carried unanimously. Executive session convened at 12.16 p.m. Motion to reconvene open session was made by Vice Chair Wolf, seconded by Commissioner Luke, with no discussion, and it carried unanimously, open session reconvened at 12.55 p.m. SUMMARY OF EXECUTIVE SESSION DCC Salas-Ferguson advised the commission that there's a new law that came into effect in July. Any discussion or final action taken by a board or commission in an executive session shall be reported to the public when the commission reconvenes open session. The commission is required to provide a general summarized statement that won't disclose the whole purpose of going into executive session. DCC Salas-Ferguson announced that the commission met in executive session to ask its attorney about its powers over the department, and over the fire chief. ANNOUNCEMENTS Chair Kosaki announced the commission's next monthly meeting is scheduled for October 26, 2023, at 9.00 a.m., at the West Hawaii Civic Center, Building A, Council Chambers, 74-5044 Ane Keohokalole Highway, Kailua-Kona, HI. ADJOURNMENT The meeting adjourned at 12.58 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: GERALD KOSAKI, CHAIR