HomeMy WebLinkAbout2010-12-08 Fire Commission Minutes
William P. Kenoi Stephen Bowles
Mayor Chairman
Kaloa Robinson
Vice-Chairman
HAWAI‘I COUNTY FIRE COMMISSION
C/O 25 Aupuni Street #2602, Hilo, Hawai‘i 96720
Phone: 961-8317 ; Fax: 933-1521
Email: Firecomm-agenda@co.hawaii.hi.us
REGULAR SESSION -MINUTES
December 8, 2010
Kona Department of Liquor Control Conference Room
75-5722 Hanama Place, Suite 1107, Kailua-Kona, Hawai'i 96740
CALL TO ORDER
The meeting was called to order by Chair Bowles at 10:03a.m.
ROLL CALL
PRESENT:
Chair Stephen Bowles
Vice Chair Kaloa Robinson
Commissioner Greg Henkel
Commissioner Kimo Lee
Commissioner Toby Taniguchi
Commissioner Luahiwa Namahoe (arrived at 10:28a.m.)
Commissioner Byron Moku
Commissioner Bill Rosehill
Commissioner Scott Stabo
Aquorum was present.
ALSO PRESENT:
Deputy Corporation Counsel Bill Brilhante
Jennifer Kualii, Fire Commission secretary
Stacie Waltjen, Fire Commission secretary
Laurie Kaneta, Secretary to Fire Chief
Darryl Oliveira, Fire Chief
Hawai‘i County is an Equal Opportunity Provider and Employer
Commissioners: Stephen Bowles, Greg Henkel, Kimo Lee, Byron Moku,
Luahiwa Namahoe, Kaloa Robinson, Bill Rosehill, Scott Stabo
and Toby Taniguchi
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
None.
APPROVAL OF MINUTES
It was moved and seconded that the minutes of the November 10, 2010 regular
session minutes be approved.
Chair Bowles noted a correction on page 5, in the last it sentence should be
“appraise” the Chief not “praise.”
Minutes approved as amended and carried unanimously by voice vote.
APPROVAL OF WRITTEN COMMUNICATIONS
It was moved and seconded for receiving the written communication and
unanimously carried by voice vote.
CHIEF’S REPORT
Took this opportunity to personally thank Commissioner Rosehill and
CommissionerBowles, whoseterms are up this month, for their time and
service to our community as far as the commission is and looksforward to
working with you more in the future.
Budget: Submitted and scheduled to go before the Finance Department
on January 10, 2011. He noted that a budget increase of $600,000 -
$700,000 was attributed to increases in salaries and wages thru the
collective bargaining.Two supplemental budget items that have been
submitted this current fiscal year is funding to purchase apparatus to
replace some of the aging fleet. Because the department does not have a
reserve fleet, the department is borrowing vehicles from the National Park
Service and Pohakuloa Training Area. The department is very limited on
reserve vehicles and proposing, or requesting,from the administration
$1.3 million to purchase replacement vehicles and that dollar figure is
subject to what the bids come in from prospective vendors as well as the
possibility to lease purchase options which may give the department more
leverage regarding price as well as more buying power.
Chair Bowles suggested that Chief Oliveira and Commissioner Taniguchi
meet regarding this critical issue.
Grants: In 2008, the department was awarded the Assistance to Fire
Fighters Act grant program funding for a health wellness and fitness
program. The bulk of the monies were used to provide medical screening
for our employees as well as the medical evaluation as of each of the
members of the department as part of the health and wellness program. It
also providedfunding for the purchase of equipment that is specific to the
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initiative and its intent is to reduce the incidents of work related incidents
and fatalities associated with the hazards of the job.
In 2009, the department successfully applied for that same grant program
funding to purchase 250 sets of personal protective gear for both our paid
and volunteer members.
In 2009, the department successfully applied for theAssistance to Fire
Fighters Fire Station Construction grant program for the purpose of
constructing or renovating fire response facilities. The department
received an award of just over $4 million and it’s been earmarked for
Makalei Fire Station in Kona.
The department submitted an application for the Assistance to Fire
Fighters SAFER and is waiting for a response.
The department is working on the application for the Community
Development Block Grant with the housing department to purchase a
tanker/tender for the community.
In the 2011 CDBG grant, the department is looking for funds to replace the
front line pumper apparatus for the Pahoa Fire Station.
All the engineering work for the Makalei Fire Station is complete and will
inform the commissioners of the date for ground breaking.
CIP Projects: Theadministration and support facility remains status quo
with no change, primarily for the lack of funds for construction. Prior CIP
monies were secured to build their own fire administration and support
complex to include a new dispatch center, training facility and
administration offices in one place.
TheCentral Fire Station and the Kawailani Fire Station are both relocation
or new station replacement station projects. For the district, monies
are earmarked for the erection of two garages, one for the
volunteers and one for the Naalehu volunteers, and also funding to install
a hydrant on the Ocean View well system. The third project as part of that
comprehensive package was monies to purchase and install a lifeguard
tower down at the Punaluu Beach Park.
For the Pa‘auilo volunteer garage, the County’s property manager has
been negotiating with the Pa‘auilo catholic church regarding the possible
lease of a portion of that property.
Other CIP projects include ADA renovations to the Waimea Fire Station,
the completion of the Honokaa Fire Station, and the North Kohala Fire
station is just getting underway with the ADA HazMat Abatement project.
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One of the delays with the Honokaa replacement station has been the
land. The department islooking for a central location to provide optimal
response and service access for the community and it’s noted that the
department did talk to the state regarding the old hospital property as well
as near the ball field and hasn’t been met with much encouraging news on
those properties.
Vice Chair Robinson asked Chief Oliveira if the department considered the
Ainaola/Komohana state land for replacement stations.
Chief Oliveira responded that they have and that a suggestion was made
regarding a property on Keoni Street within the Machado Acres
Subdivision. That was ear-marked for a park,the park never got
developed and still vacant. Letters were sent out to the community and it
basically came back 50/50 with valid concerns raised in opposition.
Commissioner Taniguchi stated that he did have the opportunity tovisit all
the stations in District 9 and did speak to several of the personnel as well
as some of the captains. He took photos of the ADA improvements at the
N.Kohala Fire Station and in talking to the personnel there are concerns
relative to the construction.
Chief Oliveira thanked Commissioner Taniguchi for visiting the stations
and stated that the N. Kohala Fire Station is not a typical fire station
facility, it’s a house, unfortunately, ADA compliance is a federal mandate
that the County hadto abide by to bring it up to current.
The Honokaa Fire Station is in the same predicament, it’s a facility that is
very antiquated and obsolete but the department had to put in that
investment to comply with the law.
Promotions and Hiring: Open, competitive recruitment presently on-going
to hire three water safety officers for vacant positions in the Puna district
and that process is near complete. The department also hasan open,
competitive recruitment for the fire fighter recruit and presently 83
candidates going thru interviews andtesting this week and next week.
The department promoted Captain Lance Uchida to the Battalion Chief of
the EMS Bureau. Captain Uchida will be at the next Fire Commission
meeting toaddress the group. The department is trying to initiate the
internal recruitment for the Fire Medical Specialist 3. The department has
anew EMS career ladder which is a huge project as this County’s fire
department is the only EMS provider that has established a career ladder
for the EMS personnel.
Recruitment for Human Resources technician has been completed.
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Emergency Operations Bureau: Instructor training program completed for
the Aquatics Competency Certification Program.
Support Services Division: Battalion Chief Uchida and Battalion Chief
Kosaki got certified to administer TB testing for the department.
The MICT training program hasfour candidates that will be completing
theirtraining sometime this month and will be taking their national registry
exam in February.
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Training Bureau: The 39Fire Fighter Recruit Class will be finishing up
this month.
Chief Oliveira introduced volunteer Company Officer Derek Domingo from
Company 7 Bravo in Kona. Company 7 Bravo was the first volunteer
company to complete the Fire Fighter 1 and 2 training curriculum.
Prevention Bureau: The three new inspectors completed their four
months of probation.
New Projects/New Business: Hawai‘i Fire Chiefs Association Conference
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was held November 18-20on Kauai and thankedCommissioner Bowles
for attending and representing our Fire Commission.
Chair Bowles presented that the Kauai department went out of their way to
organize the group.It was very informative in the sense that each of the
chief’s benefited from it. There were commissioners from Maui and Kauai
but none from O‘ahu and he encouraged the commissioners that if they
are on the other island to make contact with them. Valuable discussions
took place regarding the issues and problems each of the county’s
encounter and the process each county has in evaluating the chief.
Chief Oliveira stated that this is an annual conference that is rotated
between the four counties and the next conference will be on O‘ahu. The
department does budget to send at least one commissioner.
Chief Oliveira noted that he got the support of Civil Defense to purchase
aerial platform that can provide live video similar to the military drone
program that can then provide asurveillance of large incidents.
Employee/Public Relations: employees participated in the Hawai‘i Island
United Way Bag Brigade and raised over $2,700. Also coming up is the
annual fire station Christmas decoration contest
Commissioner Taniguchi shared that he got to observe the Honoka‘a Fire
Department personnel in action. The Fire Department was the first to
arrive and the personnel handled themselves professionally, they
exhibited concern for the individual in the accident and as well as for
public safety. During the incident, he did not identify who he was, he was
just there trying to help and feels honored to be part of this commission.
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NEW BUSINESS
Deputy Corporation Counsel Brilhante stated that a complaint has been
timely received from a member of the public and there are allegations
regarding possible misconduct or inappropriate behavior by fire
department personnel. He noted that the complaining party has waived
his right to a private hearing on this matter and reviewed the process in
hearing complaints with the commission. Upon the completion of
questioning by the commission of the complaining party as well as the
response from the department, he recommendedthat a motion be heard
as to whether or not the commission should move into executive session
so that hecan inform the commission as to the four options to come up
with a findings as it relates to the allegations.
At 11:14 a.m. Chair Bowles called for a10 minute recess.
It was moved and seconded for a motion to enter into Executive Session
for the purpose of establishing the rules for the hearing and carried
unanimously by voice vote.
At 11:23 a.m. Chair Bowles called the Regular Session back to order.
Deputy Corporation Counsel Brilhante called the complainant, Mr. Noe
Noe Nelson, to the front and asked Mr. Nelson to state his name and
address for the record.
Mr. Nelson replied that his birth name is Noe Noe Charlie Nelson and his
address is 18-1300 Ihope Road.
Deputy Corporation Counsel Brilhante swore in Mr. Nelson.
Mr. Nelson read a statement to the commissioners regarding his incident.
Deputy Corporation Counsel Brilhante noted for the record that Chief
Oliveira had received a copy of Mr. Nelson’s complaint, an investigation
was conducted and that he would be calling Chief Oliveira up to give his
conclusion of his investigation.
Commissioner Henkel asked Mr. Nelson if the person that accompanied
him to the Pahoa Fire Station was present.
Mr. Nelson stated that she was not but had prepared a written statement.
Commissioner Lee asked Mr. Nelson if Dan DiDomizio was a doctor.
Vice Chair Robinson noted that DiDomizio is a Physician’s Assistant not a
doctor.
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Commissioner Lee asked Mr. Nelson ifDiDomizio who took his vitals.
Mr. Nelson replied that the nurse took his weight and blood pressure.
Mr. Nelson stated that at the station, the short, Asian guy, Okutsu, was the
person that unbuttoned his shirt and that it was never O’Neil. He stated
that O’Neil was respectful and then all of a sudden the short guy comes
out and O’Neil stepped back.His attitude was so cocky and sarcastic and
not once did they ask him if I wanted to go to the hospital.
Mr. Nelson stated that according to the report,O’Neil saidthat he asked
me to unbutton my shirt, but it wasn’t him, it was Okutsu and he left 10
minutes after taking his vitals.
Commissioner Taniguchi clarified that in the complaint, Mr. Nelson is
naming two individuals, the short, local Japanese looking male and the tall
Caucasian with brown short hair.
Mr. Nelson noted that they were the EMTs.
Commissioner Taniguchi asked Mr. Nelson if he went to Malama Market
after he left the fire station.
Mr. Nelson replied that after the guy unbuttoned my shirt, hewalked away
and said there is nothing we can do for you, you can try Benadryl at the
store.By this time, Mr. Nelson stated that he could feel his chest closing
in and knew he had to try Benadryl. After his partner got the Benadryl, Mr.
Nelson took a couple of swigs and as he looked across, he saw the Puna
Community Medical Center still open and went there.
Commissioner Namahoe asked Mr. Nelson what time did his church end.
Mr. Nelson stated that church ended between 11:00 -11:15 and that he
ate two cookies around 10:45. About 11:15, Mr. Nelson ate two more
cookies and then started coughing shortly thereafter. Within minutes his
friend drove him to the Pahoa Fire Station. After they left the Pahoa Fire
Station, they went to Malama Market and right toDiDomizio’s office.
Commissioner Stabo asked Mr. Nelson at what point did you ask for
Benadryl when you got to the station.
Mr. Nelson stated that he did not ask for Benadryl.
Commissioner Stabo noted that in the report, Mr. Nelson asked for
Benadryl.
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Mr. Nelson replied that he did not ask for Benadryl or that he declined it
when it was offered. He went to the store the buy Benadryl.
Commissioner Stabo asked Mr. Nelson if any further assistance was
offered by the fire personnel.
Mr. Nelson replied that it was not asked.
Commissioner Stabo asked Mr. Nelson if both of the EMTs were
agreeable to the solution.
Mr. Nelson replied that the haole guy never said a word, he was the
friendly one, but that Okutsu came in with an attitude. O’Neil was standing
off on the side and Okustu took his vitals andall heheard was the oxygen
level was good. That’s when Okutsu said there’s nothing wrong with him.
The haole guy did not take any of Mr. Nelson’s vitals or touched him. Mr.
Nelson is baffled as to why O’Neil said that,it was O’Neil that was the
helpful one from the beginning.
Commissioner Namahoe asked Mr. Nelson to clarify that he was at the
Pahoa Fire Station for about 5 or 10 minutes and that they took his blood
pressure.
Mr. Nelson replied that he was at the Pahoa Fire Station about ten
minutes and that Okutsu checked his breathing.
Commissioner Namahoe asked Mr. Nelson to clarify that while this was
going on he was saying that he couldn’t breathe.
Mr. Nelson replied yes, that he was.
Commissioner Lee asked Mr. Nelson what does he want to see happen as
a result of this incident.
Mr. Nelson stated that he wants the truth tobe revealed and that proper
actions be taken.
Commissioner Lee asked Mr. Nelson if he asked for the Benadryl.
Mr. Nelson replied that he did not ask and only said that he couldn’t
breathe.
Commissioner Lee clarified that Mr. Nelson is viewing this incident overall
as unfair treatment by the Pahoa Fire Station towards transgender
individuals.
Mr. Nelson replied that it is unfair and wrong.
Commissioner Stabo asked Mr. Nelson if he asked to see a higher officer.
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Mr.Nelson replied that he did not because he was in a panic and when he
panics, he gets quiet and not all emotional and crazy like when he gets
angry. He could feel his chest getting tighter and didn’t think to talk to a
higher superior. His partner counted five guys standing around which
made him feel more intimidated and scared that none of these guys were
going to help him.
Chair Bowles asked Mr. Nelson if he has any known allergic reactions.
Mr. Nelson replied that he does not.
Vice Chair Robinson asked Mr. Nelson ifhe ever experienced any anxiety
attacks in the past.
Mr. Nelson replied that he does have a lot of anxiety.
Commissioner Taniguchi asked if there was correspondence from Barbara
Riley.
Deputy Corporation Counsel replied that according to the records, there is
no statement submitted by Barbara Riley.
Commissioner Henkel stated that he noticed in the report from the Puna
Community Medical Center that it lists Prozac as medication that Mr.
Nelson takes. He asked Mr. Nelson that if he wasn’t taking that mediation,
would that contribute to the reaction.
Mr. Nelson replied that it wouldn’t because he’s been taking Prozac for
years as well as eating oatmeal cookies for years.
Commissioner Henkel asked Mr. Nelson if this may have happened if he
was off his meds.
Mr. Nelson replied that he has never been off Prozac, he’s been on it for
ten years.
Commissioner Bowles asked Chief Oliveira to the front and to summarize
his investigation.
Chief Oliveira summarized Assistant Chief Rosario’s investigation of the
complaint and concluded that there was no evidence to support the
allegations that the employees failed to treat or violated anyone’s right.
Chair Bowles asked Chief Oliveira if it is standard procedure to open a
person’s shirt in the front down to the bottom of the buttons.
Chief Oliveira replied that yes, all employees are all trained as part of both
their EMT and MICT training to maintain a level of respect and
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consideration for the patients. Chief Oliveira stated that this is commonly
done for respiratory and chest complaint cases to check for retractions of
the muscles between the ribs.
Commissioner Moku asked Chief Oliveira was does PCR mean.
Chief Oliveira replied that it stood for Patient Care Report which is an
electronic document that the paramedic or EMT completes. Chief Oliveira
stated that it was discovered during the investigation that a report was not
done.
Commissioner Lee asked Chief Oliveira to state the standard operating
procedures for someone that comes into the station with respiratory
problems.
Chief Oliveira replied that the personnel would provide aide. MICT David
O’Neil was amongst the crew working that day and he would be the
individual responsible for the patient, disposition and, if treatment was
going to be initiated, he would be responsible for what treatment was
initiated as well as for the follow up. The paramedic basically takes
charge of the case, will direct the other EMTs or firefighters as far as what
you do within the scope of their training and abilities to do.
Commissioner Lee asked Chief Oliveira if the Pahoa Fire Station had any
other complaints of discrimination.
Chief Oliveira replied that it has not.
Chair Bowles asked Chief Oliveira what does Urticaria mean.
Chief Oliveira replied that it is hives or rash which would indicate a skin
inflammation,hivesor an allergic reaction.
Vice Chair Robinson asked Chief Oliveira to clarify that O’Neil was the
head MICT.
Chief Oliveira replied that he was the only MICT.
Vice Chair Robinson asked Chief Oliveira if Brent is the EMT.
Chief Oliveira replied that is correct.
Vice Chair Robinson noted that the complainant is saying that most of the
treatment experience was thru Brent, so why didn’t O’Neil provide that
treatment
Chief Oliveira asked Mr. Nelson if the personnel were in their uniform or
just the blue t-shirts.
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Mr. Nelson replied that the personnel were in their blue t-shirts.
Chief Oliveira stated that there would no way for Mr. Nelson to tell who is
who other than by physical appearance.
Mr. Nelson asked Chief Oliveira to describe what both O’Neil and Okutsu
look like.
Chief Oliveira described Okutsu as a tall,very slender Japanese
individual, oriental in appearance, and O’Neil as shorter, stockier,
Asian/Caucasian mix appearance.
Deputy Corporation Counsel Brilhante asked Chief Oliveira to clarify that
the complainant has identified Fire Fighter Okustu as the primary
employee for the alleged misconduct.In Fire Fighter Okutsu’s
memoranda it indicated that Okutsu informed Fire Fighter Houghtailing of
the situation and left the station in ten minutes to proceed with Brush Fire
Truck 5 to Kalapana to monitor the lava flow.
Chief Oliveira replied that Okutsu was directed and did report because he
had requested the brush truck to godown at the request of Civil Defense.
Chief Oliveira noted that for a lack of being able to identify who is who,
other than by physical description,he’s confident that Houghtailing would
be the one that really looks Caucasian.
Deputy Corporation Counsel Brilhante asked Chief Oliveira to clarify
statements made by MICT O’Neil that there was discussion regarding
application of anti-inflammatory type medication to the patient which would
involve subsequent transportation to the hospital. As it relates to standard
operation procedures and protocols,in your experience when medications
are applied or are administered by the paramedic unit is subsequent
transportation to the medical facility required?
Chief Oliveira replied that it would be highly unlikely that any of the base
station physicians we would treat someone with medication and release
them without personal examination and feeling confident the appropriate
treatment has taken effect. Chief Oliveira is not aware of it ever being
done in the department.
Commissioner Namahoe asked Chief Oliveira what is the procedure for
documenting the incident.
Chief Oliveira replied that in most normal operations, a report would have
been generated documenting the events, complaints, assessment, type of
treatment, statements made to or by the patient,recommendations for
follow up and refusal of care -the individual hasopportunity to sign
basically refusing advice and treatment.
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Commissioner Namahoe stated that the reason she asked is that in
comparing MICT O’Neil’s report against the Puna Community Medical
Center, she noticed the difference in separation of SPO2 within 15
minutes.
Chief Oliveira replied that a report is electronically done and it is
acknowledged in the statements that that’s the piece which was not
completed as normal procedure. A corrective action was taken to prevent
itfrom happening again.
Commissioner Taniguchi asked Chief Oliveira if the HCFD 100 Article 80
Draft Amendment relative to station visitation was implemented.
Chief Oliveira replied everything has been implemented and that the
department has policies and procedures for our front end as well as
patient care. The department followsthe state Department of Health’s
requirements for documentation.
Commissioner Taniguchi asked Chief Oliveira how many walk-ins do the
stations have.
Chief Oliveira replied that there is not a lot, it depends on the station. He
stated that the Pahoa Fire Station probably sees more walk-ins than other
stations because it’s highly visible being on the highway and in a
community that people may not have access to health care.
Vice Chair Robinson asked Chief Oliveira if there is room or some place
that has privacy at the fire stations to treat an individual that walks-in.
Chief Oliveira replied that it depends of the severity of the complaint and
the incident; it just depends on where the initial contact takes places and
the significance or the degree of the emergency.
Chair Bowles noted one discrepancy in the report that he is concerned
about and it is a statement on O’Neil’s report that indicates the
complainant asked if there was Benadryl available. In the complaint, it
does not mention if the complainant requested it.
Commissioner Lee stated that he asked Mr. Nelson and Mr. Nelson said
he never asked for Benadryl.
Chair Bowles asked Mr. Nelson if he wanted to ask Chief Oliveira any
questions.
Mr. Nelson asked Chief Oliveira why a report was not generated.
Chief Oliveira replied that Assistant Chief Rosario did question the
individuals and their perception was that it wasn’t an emergency and the
situation was not critical. He acknowledged that a document should have
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been generated.
Mr. Nelson stated that shortly after the incident, he went back to the
Pahoa Fire Station and specifically asked for the name of the short Asian
guy and was told it was Okutsu and that is how he is putting this together.
When Mr. Nelson went back to the station, he said they gave him the run
around and said they couldn’t give him the namesand that he would have
to go to the Chief’s office in Hilo. Mr. Nelson drove to the Chief’s office
and after the person that helped him go through what appeared to be a log
book, there was no documentation of the incident.
Mr. Nelson asked Chief Oliveira if he has a right to know the names of the
individuals that was working on the day of the incident and why was he not
provided the names of the individuals when we went to the Pahoa Fire
Station several days after the incident.
Chief Oliveira replied that it’s public information on who was working that
day and that he would have to ask the individual what the reason was for
not wanting to disclose that information. Chief Oliveira stated that they
may be hesitant to provide that information if they felt fearful for the safety
of someone.
Deputy Corporation Counsel Brilhante offered into evidence:
1)Complaint -HCFD No. 10-02dated July 29, 2010 and received on
July 29, 2010;
2)Letter from Chief Oliveira to the Fire Commission specifically Chair
Bowles dated October 13, 2010;
3)Memorandum dated October 8, 2010 to Chief Oliveira from
Assistant Fire Chief Darren J.Rosario;
4)Proposed draft of HCFD 100 Article 80, Non-Emergency Station
Procedure Station Security and Station Visitors;
5)Memorandum dated October 1, 2010 addressed to Chief Oliveira
from Captain Alex Almeida;
6)Memorandum dated October 1, 2010 addressed to Chief Oliveira
from FEO Myron Rosehill;
7)Memorandum dated July 30, 2010 addressed to AC1Darren
Rosario from FF/MICT David O’Neil;
8)Memorandum dated July 31, 2010 addressed to AC1Darren
Rosario from FFGregory Houghtailing;and
9)Memorandum dated July 30, 2010 addressed to AFCRosario from
FF/EMT Brent Okutsu.
It was moved and seconded to enter into ExecutiveSession and carried
unanimously by voice vote.
Regular Session ended at 12:08 p.m. and Executive Session started at
12:09 p.m.
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Executive Session ended at 12:24 p.m. and Regular Session started at
12:25 p.m.
Commissioner Henkel made a motion for not sustain. The motion was
seconded by Commissioner Lee and it was carried unanimously by voice
vote.
Commissioner Namahoe stated that she wanted to acknowledge Mr.
Nelson’s history, the decisions that hemade on the day of the incident,
immediately going to render his own aide and then going to the Puna
Community Medical Center as well as their findings and the difference in
the fact that his health was obviously proceeding in a distressed state.
Commissioner Namahoe stated that the complainant istasked with
bringing your own witnesses, additional data and evidence and in that
respect will vote but going to descent, not sustained.
Chair Bowles called for a roll call vote on the motion that the case be not
sustained.
Deputy Corporation Counsel Brilhante stated that more specifically,the
findings of this commission is that the complaint is not sustained which
means there is insufficient evidence to either prove or disprove the
complainant’s allegations.
Chair Bowles: Aye
Vice chair Robinson: No
Commissioner Lee: Yes
Commissioner Namahoe: No
Commissioner Henkel: Yes
Commissioner Stabo: No
Commissioner Rosehill: Yes
Commissioner Moku: Yes
Commissioner Taniguchi: Aye
Deputy Corporation Counsel Brilhante indicated the commission has six
votes in favor of the motion and three votes against the motion. The
motion passes by majority and the commission will issue a written findings
that the allegations contained in the complaint were deemed to be not
sustainable by this commission.
Deputy Corporation Counsel Brilhante stated that the next item on the
agenda is the draft response to the Cost of Government Commission.
Chair Bowles stated that since the commissions does not have a draft
response ready, that item will be deferred.
Chair Bowles stated that the commission go back into executive session
to discuss the evaluation of the fire chief.
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Deputy Corporation Counsel Brilhante stated that the executive session is
specifically to consider the creation of and process in evaluating the fire
chief or consideration of matters effecting privacy would be involved in the
closed session as requested.
Regular session ended at 12:34 p.m. and the Executive Session began at
12:35 p.m.
Executive Session ended at 12:53 and Regular Session began at 12:54
p.m.
Commissioner Taniguchi made a motion to establish an ad hoc committee
relative to the chief’s appraisal for 2011 based primarily, constituted
primarily of the senior fire commissioners and any other commissioners
who chairman, chairwoman, of the ad hoc committee may deem
appropriate also further move to as we move forward into 2011 that we
also have discussions relative to what the December 2011 review
instrument might look so that chief has a clear idea of what is going to be
rated. The motion was seconded by Commissioner Rosehill and carried
unanimously by voice vote.
Deputy Corporation Counsel Brilhante recommended that this commission
discuss which members of the commission will be appointed to the ad hoc
committee.
The following commissioners will serve on the ad hoc committee:
Chair Bowles
Vice Chair Robinson
Commissioner Henkel
Commissioner Stabo
Commissioner Rosehill
Deputy Corporation Counsel Brilhante stated that the terms for Chair
Bowles and Commissioner Rosehill’s terms will be extended for 90 days.
Meeting adjourned at 12:50 p.m.
SUBMITTED BY:
__________________________
JENNIFER M. KUALII
Secretary
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