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HomeMy WebLinkAbout2011-04-13 Fire Commission Minutes William P. Kenoi Toby Taniguchi Mayor Chairman Scott Stabo 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 April 13, 2011 Hilo Lagoon Centre Conference Room, 101 Aupuni Street, Suite 145, Hilo, Hawai‘i 96720 CALL TO ORDER The meeting was called to order by Chair Taniguchi at 10:04 a.m. ROLL CALL PRESENT: Chair Toby Taniguchi Commissioner Scott Stabo Commissioner Kimo Lee Commissioner Luahiwa Namahoe Commissioner Greg Henkel ABSENT: Commission Laurie Bass Commissioner Kaloa Robinson Commissioner Byron Moku A quorum was present. ALSO PRESENT: Deputy Corporation Counsel Bill Brilhante Jennifer Kualii, Fire Commission secretary Darryl Oliveira, Fire Chief Hawai‘i County is an Equal Opportunity Provider and Employer Commissioners: Laurie Bass, Greg Henkel, Kimo Lee, Byron Moku, Luahiwa Namahoe, Kaloa Robinson, Scott Stabo and Toby Taniguchi STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. APPROVAL OF MINUTES Commissioner Henkel moved to approve the Regular Session Minutes of March 9, 2011. The motion was seconded by Commissioner Stabo. Chair Taniguchi noted several corrections on the minutes: page 2, “Chari” should be “Chair,” bottom of page 3, strike entire sentence as it is duplicated and second paragraph on page 11 “he’s” should be “his.” Minutes approved as amended and carried unanimously by voice vote. APPROVAL OF WRITTEN COMMUNICATIONS None. CHIEF’S REPORT th Chief Oliveira introduced the 40 Fire Fighter Recruit Class. Chief Oliveira noted at the last meeting a question was raised regarding what items are included in the miscellaneous salaries & wages categories. He stated it is everything in the collective bargaining agreement that is additional premiums and differentials which employees are entitled too. It includes night premium, EMS proficiency pay, meals, etc. Chief Oliveira also noted another question was asked by Commissioner Bowles regarding overtime. A large portion of overtime is attributed to EMS operations as the department currently has shortages that can’t be filled through temporary assignments primary with the MICT assignments. Budget : FY 2011/12 Budget Presented budget to Council on Monday, March 28. Everything went fairly smooth. The department was given an opportunity to submit budget amendments to Finance that will be incorporated into the budget. Mayor’s final budget is due to Council on May 5. Council has expressed concern on payroll lag and cancelling of the furloughs. Two resolutions were adopted by Council to continue furloughs and impose salary reduction for police and fire. HGEA agreed to 5% pay reduction that needs to be ratified by members.Negotiations ongoing with Unit 11 (HFFA). Fire is the only department that is getting an increase to its budget and received an HR clerk from Mayor’s office (position transferred). In addition, received lease purchase funding for two months of lease payment for two replacement apparatus. 2 During presentation to Council, emphasized the cost effectiveness of the department in comparison with the state. Alternative Funding and Grants : FEMA FY 2009 Assistance to Fire Fighters Grant (254 turn out coats and 251 pants). All PPE purchased through this grant has been distributed to both Emergency Operations and Volunteer personnel. Because costs came in lower than anticipated, the department has grant funding overage of about $27,000. Will submit grant amendment to use $5,000 to purchase additional PPEs and working with Prevention Bureau on smoke detection installation program for seniors, as well as portable fire extinguisher training prop purchase. FY 2009 Assistance to Fire Fighters Fire Station Construction (Makalei). Moving forward with process and waiting on execution of contract; contractor already awarded bid. Important to work with FEMA to draw down funds; FEMA goal is not to return money, but need to draw down/spend funds in accordance with their guidelines. This is a $7M project. FY 2010 Assistance to Fire Fighters SAFER (Staffing for Adequate Fire & Emergency Response). Did turn down one of the awards that was to create 20 new positions due to the unanticipated changes in the economy and the County could not commit to year 3 obligation of the grant.On March 18, 2011, the department received grant award notification for Volunteer Retention Grant for $100,000. This grant will fund marketing program costs to recruit new volunteers, as well as travel costs for professional development and higher education participation for volunteers. (Fire Academy). FY 2010 CDBG – Tanker/Tender – Pahala Fire AC Rosario stated that currently awaiting the chassis to be delivered to the manufacturer. Peterbuilt had to do some changes on the chassis; the chassis will be painted then be shipped to Marietta, GA where the manufacturer is going to assemble it. Once there, anticipates no more than three weeks to put the truck together. Equipment for the tanker was purchased with excess funds. Chair Taniguchi asked if there was an approximate June delivery. AC Rosario stated that the grant runs out in June and still optimistic delivery will be done in the next couple of weeks. Chair Taniguchi asked if it was possible to ask for a no cost grant extension with the OHCD. Chief Oliveira stated the department works closely with Housing and if there are going to be any delays, the department will work on any extensions. Chair Taniguchi stated for other HUD funded projects, HUD and the Fed are starting to draw back some money so something to be aware of. 3 FY 2011 CDBG – Fire Apparatus – Pahoa Fire. Council gave initial approval to the Housing agency’s CDBG package on April 5. The measure will be heard before full Council on April 20. Applied for $600,000; if don’t get full amount, working with Councilmember Blas for balance utilizing Puna Geothermal funds. FY 2010 DOT Highway Safety Grant: Still awaiting formal notification on use of funds ($24,000 for vehicle extrication training). Capital Improvement Projects : Makalei Fire Station: Project is moving forward; waiting on execution of contract. Administration & Support Facility: No new updates. Central Fire Station: No new updates. Kawailani Fire Station: Letters sent to Keone Street property owners to formally notify them the department will not consider the use of their parcel for the fire station relocation. Working with the County’s property manager to negotiate deal with State for corner lot at Ainaola/Komohana intersection. Ka’u Public Safety Package: Still on for hydrant installation on Oceanview well and lifeguard tower at Punaluu Beach. Garages did not go out for bid yet; waiting on Public Works. Paauilo: No new updates. DPW ADA Compliance, HazMat Abatement: Waimea – 75% completed. Installation of “missile” impact windows have begun. Promotions and Hiring: Open-CompetitiveRecruitments: 40th Fire Fighter Recruit Class of 17 Fire Fighter Recruits started on April 1, 2011. This marks 223 new employees since 2002. Internal Recruitments: Fire Radio Dispatcher III and Fire Emergency Medical Services Specialist III opened on March 25 and closed on April 4. After time allowed for mail- ins, applications will be screened and qualified applicants will be notified of assessment details. Commissioners are invited to sit in on the process at the assessment center. Requests to Fill have been approved for Capt., FEO, FRS, FHMS and Water Safety Officer. Emergency Operations Bureau March 11 tsunami – recognized and thanked members of the department who stepped up to the plate; there was sufficient staffing and everything in the department flowed very well. The Deputy and AC were in the EOC as well as the chief officers. 4 Completed Aerial Apparatus Training conducted by FDNY Ladder Company. Personnel were trained on the proper operations of the department’s Aerial th Tower. Targeting May 1st – May 16, a truck will be officially on-line and providing response in the community. Has been in contact with the Hawai‘i Insurance Bureau to request a re-evaluation of the hazardous insurance classification for the district where the truck will be positioned. Support Services Division EMS Bureau: BC Uchida facilitated an MICT Prerequisite meeting with HFD personnel and th Kapiolani Community College on March 9. The on-line Anatomy Physiology curriculum and dry lab were discussed. Twenty three HFD personnel attended expressing interest in the on-line program. Working with Kapiolani Community College in identifying alternative means in getting prerequisites for candidates. In the past, the school has waived the prerequisites for the employees, but they can no longer do that. They are now requiring all employees who are interested in pursuing the MICT training certification to have biology and anatomy physiology and medical terminology course. From an operational standpoint, it’s difficult to support employees participating in a semester long class and doing it either on or off duty so in working with the new dean at Kapiolani Community College, she has recently assisted in putting together an alternative or modified course which will be taught over two weeks and also done through distance learning. The department is definitely making progress and has 20 candidates signed up for the next set of classes. With the tsunami impact at Kona Village, the department will be phasing out that particular volunteer unit. Right now, the Kona Village Resort will be maintaining a crew on site until the operation is shut down but will still have fire protection services in that area. Training Bureau: th 40 Fire Fighter Recruit class getting instructions through Fire Department; completed their first chapter of FF1 curriculum, and obtaining first responder training. Volunteer Training Section Tom Brandt stated that Commissioner Henkel brought up a good point on how volunteer companies come into place. He said to work with the council person of that district and the community. There is a six person minimum to start, if there aren’t six people, work with the volunteer company near you to get the community aware, get your community support and work with your council person. Once that is in place, it can be brought up to the department. th May 14 is the next Volunteer Company Officers meeting at Kohala Ranch. Website: HVFCA.net 5 Commissioner Henkel asked for an approximate cost to set up a volunteer station. Chief Oliveira stated that it costs roughly about $2,000 per member to provide safety gear. Another cost is the issuing of a vehicle and the type of vehicle. Currently, the department doesn’t have any vehicles, so it will depend on what is in the existing fleet or if the department will have to obtain a vehicle. Acquiring a facility will be a long range process. Dispatch Center With the tsunami event, the department did relocate the Dispatch Center. A lot a credit goes to the dispatchers because when dispatchers go into a warning phase, they must pack up the dispatch center in a moment’s notice and operate out of the Civil Defense EOC. All calls, phones lines and radios are seamlessly transferred with no break or interruption in service. Another project the department is working on to save the County money is to vacate a warehouse lease which is currently shared with the Police Department. Items stored will be consolidated into the existing warehouse, items that can be disposed of will be disposed of and will issue what can to the stations. This will be a savings of approximately $10,000 a month for the next year. Chair Taniguchi asked what was stored in the warehouse. Chief Oliveira stated there were trailers, some reserve equipment and lots of personnel records and files. New Projects/Business : 2011 Legislature: Continuing to monitor various fireworks bills, government operations and fire related bills. Chief Oliveira stated that regarding the legislative issues, the department is continuing to work closely with legislators on the various issues that are coming forth such as fireworks, and trying to be more engaged and involved. Chief Oliveira had several opportunities to be at the legislature for the last two months and legislators from this island have been very supportive of issues involving the department. Employee/Public Relations American Red Cross Hats Off Campaign West Hawai‘i raised $11,000 at 4 sites. East Hawai‘i raised approximately $5,000 from 2 sites. EMS Week: Beneficiaries will be three fire fighters diagnosed with cancer, as well as the American Cancer Society. Chief Oliveira noted this is a good time to showcase the equipment, the personnel and to share with the community what the department does. The annual 5K run generates a significant amount of proceeds which goes to charitable organizations. 6 Commissioner Henkel asked if a decision was made on the disposition of Captain Mossman. Chief Oliveira stated that he cannot disclose the action taken. Public employees are afforded rights under state law and those rights protect their confidentiality in regards to disciplinary action. He stated that he took the appropriate action that was afforded to him under his authority as chief. Commissioner Lee asked Chief Oliveira if the decision was solely his decision. Chief Oliveira stated that ultimately it is his decision as the department head but through the grievance process, employees are afforded the opportunity to grieve at a level above him which would be the HR Director and ultimately take it to arbitration. At this point, the action taken was his decision. Commissioner Namahoe asked Chief Oliveira what is the timeline for this process. Chief Oliveira replied he could not tell because the union has submitted a request to waive the various steps between now and arbitration. Chief Oliveira has already responded to their request to waive steps one and two, which is heard at his level. The next step would be to go to the HR Director which is step 3 in the grievance process. The union is also asking to waive step 3 which the HR Director will be reviewing and making a decision. From there, the selection of an arbitrator will need to be agreed on. It may take a few months to get to that point. Deputy Corporation Counsel Brilhante stated that as it stands right now, there has been no final decision as to whether or not the County will be waiving or amendable to agree to the request of the step 3 determination. Step 3 is basically an administrative review of the department head’s conclusion and findings and the appointed authority for that administration is the head of HR, Ron Takahashi. It will be up to him to make a determination and he’s been in communication with Corporation Counsel as to whether or not the step 3 procedure will be waived. Nothing is going to happen overnight but it’s unfortunate for the public because the department and the County’s hands are somewhat tied. The Hawai‘i Revised Statutes specifically affords government employees and employees in general, specific privacy rights as it relates to their job, their job performance and disciplinary actions and the County is bound to comply with those requirements. The County does not want to be in a position where additional liability may be placed upon the County because it didn’t comply with that requirement. Chief Oliveira noted that to close up that issue, the department does try to impress upon the new recruits, how fire fighters as public safety officers, are held to a higher standard in the public’s eye and rightfully so. With that is making good decisions and realizing the decisions you make reflects on everyone. Chief Oliveira stated he is very sensitive to that issue and no one appreciates the criticism the department gets for something they have no 7 control over, unfortunately, that is the reality of it. Deputy Corporation Counsel Brilhante noted there was a collaborative conclusion that the decision made by the Chief would be supported and it was strongly defensible. Chair Taniguchi announced that Laurie Bass who has been appointed and sworn as the new Fire Commissioner for District 1, was supposed to have been at today’s meeting but was not able to make it due to an emergency and looks forward to attending the next meeting. Chair Taniguchi stated that he would like to amend the agenda as circulated and move the Results of the Fire Chief’s evaluation under Old Business to be heard at this point. Commissioner Namahoe made a motion to move into executive session. The motion was seconded by Commissioner Henkel and carried unanimously by voice vote. Chair Taniguchi called recess at 11:07 a.m. Chair Taniguchi called the Regular Session meeting back to order at 11:15 a.m. Deputy Corporation Counsel Brilhante noted there was a question as to whether or not the commission has sufficient members of the commission present to move into executive session. Under Hawai‘i Revised Statutes Section 92-4, it specifically states that 2/3 of the members present would have to give an affirmative vote to move into executive session provided the affirmative vote constitutes a majority of the members to which the board is entitled. In this case, there are nine members on the board and five members to make a quorum. In order for the commission to move into executive session, all five members would have to vote affirmatively to move into executive session. Chair Taniguchi stated he would entertain a motion to move into executive session relative to the Chief’s evaluation. At 11:15 a.m. Commissioner Namahoe moved to enter into executive session. The motion was seconded by Commissioner Henkel and carried unanimously by voice vote. At 12:05 p.m. Chair Taniguchi called the Regular Session back to order. Deputy Corporation Counsel Brilhante stated a question was raised in executive session regarding public statements made at the last commission meeting from a Fire Department employee. To clarify the record, those statements were made under the public comments section and there was no motion or action taken by the commission related to those statements. Those 8 statements are on record as part of the minutes and at any time the Chief can request to agendize an action to respond to any of the statements made. Chief Oliveira stated he always wants employees to feel comfortable bringing their issues forward but they need to have clear expectations as to whether the commission is going to do something or not. In this particular case, he would suspect the employee is expecting the commission to say or do something. The employee is also pursuing claims through the appropriate grievance process. Deputy Corporation Counsel Brilhante stated he met with the employee prior to the last commission meeting. The employee originally submitted a formalized complaint against the Chief and it was determined during the meeting there weren’t sufficient jurisdictional grounds for the complaint to move forward. This is not the right venue for an employee to vent specific concerns in the form of a complaint to this commission as to whether or not the chief is doing a good job. Based on the information provided in the complaint, Deputy Corporation Counsel Brilhante recommended the employee provide public comment and that public comment could go towards any future evaluations in regards to the Chief’s performance. The employee than withdrew his complaint. Chief Oliveira replied he would gladly provide a response to the issues that were brought up at a future meeting. Commissioner Lee noted it would be helpful to hear both sides. Deputy Corporation Counsel Brilhante noted the employee would be notified as well once it is set on the agenda. Chair Taniguchi asked if Corporation Counsel is able to provide past committee reports. Deputy Corporation Counsel Brilhante replied there aren’t any specific guidelines related to the duties and responsibilities for each of the committees. However, what he was able to ascertain and clarify for the record is that as it relates to each committee, the jurisdiction or bases for the creation of the committee is more specific to the commission as opposed to the duties and functions of the Fire Department, except for Budget & Finance. Budget & Finance was created to assist the chief and to assist with any secondary help as it relates to the department’s annual budget and financial matters. As for the remaining committees, they are specific to the commission. th Chair Taniguchi wanted to revisit the March 9 meeting minutes to accurately reflect the responsibilities of the department and commission. Deputy Corporation Counsel Brilhante replied that it will be reflected in these meeting minutes. 9 Commissioner Lee noted he would not be able to make the next meeting. NEW BUSINESS None. COMMITTEE ASSIGNMENTS Budget and Finance – No report. Office Management and Staffing – No report. Rules and Policies – No report. Public Relations – No report. Training and Education – No report. ANNOUNCEMENTS The next meeting is to be held on Wednesday, May 11, 2011, at the Hilo Lagoon Centre Conference Room, 101 Aupuni Street, Suite 145, Hilo, Hawai‘i ADJOURNMENT Commissioner Lee moved to adjourn the meeting. The motion was seconded by Commissioner Stabo and carried unanimously by voice vote. Meeting was adjourned at 12:15 p.m. SUBMITTED BY: JENNIFER M. KUALII Secretary 10