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HomeMy WebLinkAbout2011-07-26 Fire Commission Minutes - Special Meeting Toby Taniguchi William P. Kenoi Chairman Mayor Scott Stabo Vice-Chairman Hawai‘i County Fire Commission 25 Aupuni Street, Suite 2602, Hilo, Hawai‘i 96720 Phone: 961-8317; Fax: 933-1521 Email: Firecomm-agenda@co.hawaii.hi.us SPECIAL MEETING MINUTES July 26, 2011 Puna Conference Room – County Building, 25 Aupuni Street, Suite 1501, Hilo, Hawai‘i 96720 CALL TO ORDER Meeting called to order by Chair Taniguchi at 10:02 a.m. ROLL CALL PRESENT: Chair Toby Taniguchi Commissioner Laurie Bass Commissioner Kimo Lee (arrived at 10:03 a.m.) Commissioner Luahiwa Namahoe Commissioner Greg Henkel Commissioner Byron Moku ABSENT: Commissioner Scott Stabo Commissioner Kaloa Robinson A quorum was present. ALSO PRESENT: Corporation Counsel Lincoln Ashida Jennifer Kualii, Fire Commission secretary Martha Rodillas, Office of the Corporation Counsel Darryl Oliveira, Fire Chief Laurie Kaneta, Secretary to 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 Chair Taniguchi called up Mr. Jack Minassian who signed up to testify. Mr. Minassian is the Fire Science Program Coordinator and Fire Science instructor at Hawai‘i Community College (HCC) which now offers Certificates of Achievement and Associates of Science Degrees in Fire Science. HCC also has an articulation agreement with Colorado State University where students can use their credits here as undergraduate credits and are able to earn a Bachelor of Science degree in Fire Administration through distance learning. Mr. Minassian testified he would like to recognize Chief Oliveira’s contribution to establishing and supporting the Fire Science Program and without his vision, hard work and support; HCC would not have this program. Mr. Minassian stated Chief Oliveira understands the future of fire service and is a well-educated professional. He stated fire fighters have a wide variety of jobs but the fire fighter of the future also has to be a botanist, they need to understand how fire adapted grasses have invaded the Big Island and altered the fire regime. Fire fighters also need to be archeologists, to understand that as public stewards, their roles in fire suppression operation can be damaging to the cultural resources; e.g. a dozer in the wrong place can destroy native Hawaiian resources. Fire fighters also need to be geologists to understand that soil erosion can have an impact our coral reefs. Mr. Minassian noted that the fire fighter of tomorrow must be a well-educated professional, and through the recruitment process, HCC would like to continue its partnership with the Hawai‘i Fire Department and the new Fire Chief must be equally committed to supporting the Fire Science Program. Chair Taniguchi thanked Mr. Minassian for his testimony and asked if anyone had questions for Mr. Minassian. There were no other statements from the public. NEW BUSINESS  Update on recruitment process for Fire Chief position. Chair Taniguchi recalled at the last regular session meeting, the commission authorized him to correspond with the Department of Human Resources to fulfill the requirement as listed in the commission’s 2001 Rules and Regulations, specifically to move forward in placing ads as well as transmitting the minimum requirements for the chief’s position and publishing dates. Chair Taniguchi stated that as per Rule 11, ads have been scheduled to be published and the commission must publish a vacancy of the chief’s position for a minimum of three weeks, once a week for three consecutive thst weeks. Those ads have been scheduled to be published on July 24, July 31 and th August 7, in statewide publications on Maui, Kauai, the Star Advertiser as well as the Hawai‘i Tribune Herald and West Hawai‘i Today. Deadline for submission is th August 12 at 11:59 p.m. via the Department of Human Resources on-line recruitment system, and as applications come in, the Department of Human Resources will screen each applicant for meeting the minimum qualifications as put forth in the commission’s Rules and Regulations and as advertised in the papers. th Once, that period is over, on or about August 16, the commission should have a list 2 of applicants that meet the minimum qualifications. Depending on the number of applicants, the commission may or may not choose to interview all of the applicants or the commission may choose to scrutinize the resumes in more detail. E.g. If there are 100 applicants, it may not be reasonable to interview all, only a handful. Everything the commission has authorized Chair Taniguchi to do have been done.  Opinion on legality of Fire Chief Darryl Oliveira remaining in current position Chair Taniguchi stated he did consult with Corporation Counsel and at this time would like Corporation Counsel Lincoln Ashida to opine on this matter. Corporation Counsel Ashida stated it’s good to be back with the Fire Commission. He stated when the Fire Commission started in 2000, after the 2000 election, the voters created the Fire Commission and he was the first attorney assigned to the Fire Commission. In reading the articles in the newspapers and minutes of the meetings, a question arose concerning the ability and legality of Fire Chief Darryl Oliveira to continue in his position as Fire Chief, notwithstanding his retirement until such time as the next chief is selected by the commission. Corporation Counsel Ashida noted he contacted Ron Takahashi, Director of the Department of Human Resources, and Mr. Takahashi correctly pointed out there is a provision in our Hawai‘i Revised Statutes which specifically allows for the chief to continue in a volunteer capacity and it will not affect his retirement status. Corporation Counsel Ashida did provide that information in writing to each of the commissioners because this matter played out publicly at the last meeting and Chair Taniguchi indicated the desire to be as transparent as possible to let the public as well as other stake holders in the department know exactly what is going on, why decisions are made and the basis for those decisions being made. He noted that Chair Taniguchi asked him to state this publicly to foster any discussion among commissioners. Corporation Counsel Ashida asked Mr. Takahashi if he had anything to add. Mr. Takahashi replied that as far as the Department of Human Resource is concerned, Chief Oliveira is able to volunteer in his position. Chair Taniguchi thanked Mr. Takahashi and confirmed Hawai‘i Revised Statutes chapter 90 is relative to volunteers.  Appointment of temporary Fire Chief Chair Taniguchi asked Chief Oliveira to come forward and thanked him for taking the time for the commission today. th Chair Taniguchi indicated to Chief Oliveira that on July 19, Chief Oliveira transmitted a correspondence to the commission indicating his willingness to continue serving as an interim Fire Chief while the commission goes through the process of selecting a replacement. Chair Taniguchi asked Chief Oliveira if that is correct and if he would like to expand upon that. Chief Oliveira replied that as was previously communicated to the commission from the very beginning, he is more than willing to assist with the transition and provide the 3 commission as much time and opportunity as needed to make the selection of the next chief without any interference, without any controversy and to provide the commission with the opportunity to do a fair and above board process. Chief Oliveira stated that’s what the community expects, it’s what the members expect so he wants to assist, and if volunteering helps, he is willing to volunteer. Chair Taniguchi asked Chief Oliveira if it is indeed his willingness and desire to continue, is that a fair statement? Chief Oliveira replied yes. Commissioner Moku asked Chief Oliveira if it would be in full capacity as a chief. Chief Oliveira replied yes, and posed a question to Corporation Counsel: Since there is an effective date for his retirement, would he be sworn in as an interim chief, would he assume all of the powers and responsibilities as an interim chief and would he have all the same responsibilities and accountability as a volunteer. Corporation Counsel Ashida replied that under the commission’s rules, the rules require the appointment of what’s called a temporary chief, that’s the interim descriptive position. By virtue of this commission’s authority to make that appointment, once the commission makes that appointment, the chief signs the oath of office as required by Charter. Corporation Counsel Ashida verified that statement with Mr. Takahashi. Mr. Takahashi replied that is correct. Chief Oliveira stated that to make it even clearer without making it more confusing, he understands that if asked to and placed in a volunteer position, it’s like nothing has changed, he is still accountable for everything in the department and responsible to the commission and the community. Chair Taniguchi stated he would entertain a motion for the appointment of Darryl st Oliveira as the interim Fire Chief commencing August 1. Commissioner Namahoe stated that prior to making that motion, she wanted to clarify what she read in the newspaper and apologized for not being at the last meeting. She asked if there is any concern that as a volunteer interim chief, does that render the County liable in any way. Corporation Counsel Ashida replied yes. Whether he is a volunteer, whether he’s paid, as long as his actions are within the course and scope of his employment or volunteerism, the County will stand behind all employees, volunteers or otherwise. As Chief Oliveira stated, it’s like nothing changed. Chair Taniguchi verified with Chief Oliveira that one of the things the department also covers is workers compensation for volunteers, is that correct? Chief Oliveira replied there is a provision in the statute for a certain amount of protection for volunteer fire fighters as well. 4 Commissioner Henkel stated that out of fairness, should the commission be compelled to consider if there are any other qualified individuals that would volunteer? Chair Taniguchi requested a motion be made, to be able to discuss this matter. Commissioner Henkel moved to accept Chief Oliveira as a volunteer interim Chief. The motion was seconded by Commissioner Moku. Chair Taniguchi asked if there was any discussion. Commissioner Henkel stated that should the commission be able to consider, in fairness, if there are any other qualified individuals that would serve as chief. Chair Taniguchi replied that as a thought, if the commission consents to accepting the Chief’s gracious offer of serving as an interim, he thinks it would do a couple of things because this whole process would not focus on who’s the interim chief, but on who is going to be the permanent chief going forward. In his opinion, if Chief or F-1 stays in the position then things are rather status quo, any chief, assistant chief, captain, who would want to apply for the position can focus on applying. If you put someone into a management or CEO role, it would distract from their preparation for an interview and it might give it a perceived unfair view. Chair Taniguchi stated he would like to remain neutral and transparent about this process. If the commission is able to accept Chief’s offer, everything remains the same as the commission goes forward and looks for the permanent replacement. No one has to be worried about running an organization and preparing for an interview. Chair Taniguchi does not know who is interested in applying and instead of putting someone in that position and because Chief Oliveira is willing to and so desires to do it, he thinks it’s a good idea to have Chief Oliveira stay as the interim Fire Chief. Commissioner Henkel clarified he wouldn’t suggest that there is anybody more qualified that Chief Oliveira, he’s just wondering, to protect the commission from liability, should the commission feel obligated to ask if there is anyone else that would like to serve as temporary chief. Corporation Counsel Ashida stated that it’s the commission’s call and does not think it’s a liability issue, it’s a process issue. Commissioner Moku commented that in the recruiting process, if the position is posted, anyone who thinks he or she may be qualified may apply for the position, so the vacant position of the chief is posted and available. thst Chair Taniguchi stated the vacancy is being advertised on July 24, July 31 and th August 7and it’s a statewide advertisement. Commissioner Moku asked what is Chief Oliveira’s tenure to serve as interim chief. Chair Taniguchi replied that in Chief Oliveira’s letter, he stated as long as it takes. Chair Taniguchi noted he does not want this to be a long, drawn out process, he 5 wants to act swiftly, he wants to act decisively, and do what the commission is here to do which is to find the best suited fire chief for this County. Chief Oliveira stated he fully understands what that could mean as far as time and duration, having gone through the first process and what the department invests in their own internal recruitment process. He understands that it can take some time and he is affording whatever time the commission needs to do due diligence and do what the commission needs to do. Chief Oliveira added he is not aware if the commission would have any requests to suspend any operations or activities. He has several recruitments that are on-going, recruitments meaning promotions the department is trying to fill that the department would continue as planned with the process even though the commission may have a desire to let the next administration develop or change processes. Chief Oliveira thinks the process the department has in place would be accepted by the next administration so he’s being up front. The department does have things that are in motion that his offer to stay would probably facilitate those things continuing moving as scheduled. Chair Taniguchi stated he doesn’t have objections to maintaining the operations at this point. Chair Taniguchi asked for any other questions or discussion. He noted there is a st motion to appoint Chief Oliveira as the interim chief beginning August 1. Corporation Counsel Ashida noted to proceed by roll call vote. Commission Secretary Jennifer Kualii called the roll call vote: Chairman Taniguchi: Aye Commissioner Bass: Aye Commissioner Lee: Aye Commissioner Namahoe: Aye Commissioner Henkel: Aye Commissioner Moku: Aye Commission Secretary Jennifer Kualii noted six ayes. Chair Taniguchi stated the motion passed and Chief Oliveira will be re-appointed as st the volunteer interim Fire Chief effective August 1 continuing until the commission is able to name a permanent replacement. Congratulations to Chief Oliveira. Chair Taniguchi stated he would entertain a motion to go into Executive Session to discuss the details of sample questions for the candidates as well as the selection process. At 10:26 a.m., Commissioner Namahoe moved to go into Executive Session. The motion was seconded by Commissioner Henkel and carried unanimously by voice vote. Corporation Counsel Ashida asked Commissioner Namahoe to read into the record the purpose of the Executive Session. 6 At 10:25 a.m., Commissioner Namahoe moved to go into Executive Session to discuss interview questions and interview process for appointment of fire chief where consideration of matter affecting privacy will be involved and a closed session is requested, and to consult with Corporation Counsel on questions and issues pertaining to the commission’s powers, duties, privileges, immunities, and liabilities. (Pursuant to HRS 92-5 (a)(2) and (a)(4) and Hawai‘i County Charter Section 13-20(b)). At 12:16 p.m., Chair Taniguchi called the Regular Open Session back to order. ANNOUNCEMENTS Chair Taniguchi read into the record the next meetings of the commission is as follows: 1) August 10, 2011, 10:00 a.m. at the Hilo Lagoon Centre Conference Room 2) August 23, 2011, 9:00 a.m. at the Hilo Department of Liquor Control Conference Room 3) August, 25, 2011, 9:00 a.m. at the West Hawai‘i Civic Center Council Chambers Commissioner Henkel asked if he could agendize discussion of the selection process th for the August 10 meeting in Executive Session. Chair Taniguchi clarified with Corporation Counsel Ashida on Commissioner Henkel’s call for an Executive Session. Corporation Counsel Ashida replied he could. Commissioner Henkel noted he wanted that on the agenda in case of any further discussions. Commissioner Namahoe asked if the commission should also agendize the questions to be asked. Chair Taniguchi replied yes, in Executive Session, for the actual questions the commission will be asking. ADJOURNMENT Commissioner Henkel moved to adjourn the meeting. The motion was seconded by Commissioner Moku and carried unanimously by voice vote. Meeting was adjourned at 12:23 p.m. SUBMITTED BY: JENNIFER M. KUALII Secretary 7