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HomeMy WebLinkAbout2013-12-23 Fire Commission Regular Minutes HAWAI‘I COUNTY FIRE COMMISSION REGULAR SESSION MINUTES DECEMBER 23, 2013 AUPUNI CENTER CONFERENCE ROO M 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Chair Taniguchi called the meeting to order at 10:48 a.m. ROLL CALL Present: Toby Taniguchi, Chair David De Luz, Commissioner Kimo Lee, Commissioner Luahiwa Namahoe, Commissioner Mapuana Waipa, Commissioner Absent: Laurie Bass, Commissioner Carol Kitaoka, Commissioner Byron Moku, Vice Chair A quorum was present. Also present: Darren Rosario, Fire Chief Lincoln S. T. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Namahoe motioned to approve the agenda. Commissioner Waipa seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS JOHN BERTSCH, Volunteer Fire Captain, came before the commission. He stated that he has been at 7 Bravo Volunteer Station in the Kona Palisades area for almost 18 years. He stated that the Fire Chief’s evaluation is very important. In the chain of command everybody chips into the chain. Everybody pulls its load. As Captain of 7 Bravo, he has 15 volunteers.There is no way he could train them without the training officer. The support he received up and down the Chief’s chain has been phenomenal. He questioned why the 145 volunteers were excluded from the survey of the Chief. He doesn’t think the Chief forgot the volunteers, but the commission did. He introduced his two volunteers, FEO Chad Kinney and FF Ben Schaumberg, who were there to support him and Fire Chief Rosario. Commissioner Namahoe stated that it (the survey) was a human resources issue, and they went through HR. Hawai‘i County Fire Commission Regular Session Minutes December 23, 2013 Page 2 Chair Taniguchi thanked Mr. Bertsch for his service and for attending this meeting. He stated that he and the commission are always mindful and appreciative of what the volunteers do for the community and department. He also related with the exception of one (1) meeting, he has regularly attended the volunteer Captains’ meetings, so if he felt comfortable, discussion could take place at that venue as well. EXECUTIVE SESSION Commissioner De Luz motioned to meet in executive session to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities; to consider sensitive matters relating to public safety; and to conduct an annual evaluation of the Fire Chief pursuant to HRS 92- 5 (a) (2) (4) (6) and the Hawai‘i County Charter Section 13-20 (b). Commissioner Namahoe seconded, and the motioned carried unanimously. Executive session convened at 11:06 a.m. Regular session reconvened at 2:10 p.m. Chair Taniguchi announced that this meeting will be recessed and will continue at the next meeting scheduled for Wednesday, January 8, 2014, at 10:00 a.m., at the North Hawai‘i Community Hospital, Mauna Kea/Mauna Loa Conference Rooms, 67-1125 Mamalahoa Highway, Kamuela, Hawai‘i. The meeting reconvened on January 8, 2014, at the North Hawai‘i Community Hospital. It was called to order at 10:30 a.m. Present were Commissioners Taniguchi, Moku, De Luz, Kitaoka, Lee, and Waipa. A quorum was present. Also present were Fire Chief Darren Rosario; Corporation Counsel Ashida, and Secretary Pelayo. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chair Taniguchi explained open and executive sessions. Fire Chief Rosario requested that he be allowed to be present during executive session if it pertains to his evaluation. Corporation Counsel Ashida stated that pursuant to HRS 92-5 (a) (2) a board may hold a meeting closed to the public to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held. Since the Chief has asked to be present for all testimony, the commission must receive that testimony in open session. Hawai‘i County Fire Commission Regular Session Minutes December 23, 2013 Page 3 Chief Rosario clarified. He wants to know what the concerns are and be afforded the opportunity to respond to the testimony. Commissioner Lee motioned to meet in executive session to consult with Corporation Counsel on questions and issues pertaining to the commission’s powers, duties, privileges, immunities, and liabilities. Vice Chair Moku seconded, and a roll call vote carried unanimously. Executive session convened at 10:45 a.m. Regular session reconvened at 11:10 a.m. Chair Taniguchi announced that they conferred with Corporation Counsel and Fire Chief Rosario. Chief Rosario asserted his right under HRS to be present during any testimony of his review. The commission will comply with the law and allow the Chief to be present. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS ROBERT PERREIRA, Fire Captain of the Prevention Bureau, came before the commission. He stated that he worked with the Chief for a few years when he started. The Chief has always been a hard worker and continues to demonstrate his hard work and diligence to get the job done. He has a good open relationship with him and he has an open door policy with his division of East Hawaii. As an acting Battalion Chief, he has experienced an open door policy.Sometimes people are not happy with the decisions the Chief makes, but they have to put feelings aside and work as a team. The criticism he takes from the commission and the department will better the department. Perreira stated that he has been with the Fire Department for 18 years. As captain in Hilo, he oversees one inspector. With regards to morale, he believes 75-80 percent of the employees are happy. SEAN SOMMERS came before the commission.He stated that he is a Captain in South Kohala, and this year he makes 20 years in the Fire Department. He spent most of his career in rescue in Kailua-Kona. He believes the Chief took the position with good intentions and works hard. However, there is an underlying feeling of intimidation in the department. He has concerns about being denied temporary assignment and overtime; he wants clarification. He is not satisfied with how the Chief handled the Fire Relief Fund. STEVE LOYOLA came before the commission. He stated that he has been with the Fire Department for 22 years. There is an overwhelming feeling within the fire department of hostility. People are afraid of retaliation. Tons of people contacted him. He cannot talk about things he wanted to talk about because he is afraid of retaliation. Morale is not at 70%. Morale for fire fighters and drivers is at 2%. He has a disagreement about a case. People are afraid to talk because they are going to be Hawai‘i County Fire Commission Regular Session Minutes December 23, 2013 Page 4 retaliated on. Rules are not being followed because it is not in writing. There is concern about overtime that paramedics make. He is not going to give names and details of others. With regards to morale, anybody in position of authority is unhappy. They feel threatened and intimidated. WESLEY MATTOS came before the commission. He stated that he has 22 years in the fire department. He is a driver at the Keauhou fire station. He has three concerns about Chief Rosario. One is how he handled the Relief Association Fund. This was supposed to assist families in need, not for their personal slush fund. Another concern is an investigation of a fire fighter falsifying overtime. When asked by Mattos, Corporation Counsel Ashida advised Mr. Mattos not to discuss any ongoing investigation of personnel. The person is still at work. He cannot speak on what is going on. His last concern is the promotion process of the new AC position which goes against the total structure of the fire department. SCOTT DAVIS came before the commission. He has been with the fire department for 13 years and is a Fire Medical Specialist in Waikoloa. He is frustrated because they change the rules for promotion as they take the test. They changed the college requirements. He knows fire fighters who are taking online classes. Promotions are based on whether you are friends of the Chief. He asked how someone could steal $30,000 and it not be reported to the Police. If someone did something wrong, get rid of them. He loves his job. He thought things would be the different with this Chief. At best, morale is at 2%. The $30,000 was an individual who claimed overtime. It should not have been given to a Battalion Chief to investigate. Chair Taniguchi announced that this meeting will go into recess. It will reconvene on February 12, 2014, at 10:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawai‘i. The meeting reconvened on February 12, 2014, at 10:00 a.m. in the Aupuni Center Conference Room, Hilo, Hawai‘i. Present were Commissioners Taniguchi, Moku, De Luz, Lee, and Waipa. A quorum was present.Also present were Fire Chief Rosario, Corporation Counsel Ashida, and Secretary Pelayo. There was nothing further to discuss, and the meeting was concluded at 10:03 a.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: TOBY TANIGUCHI, CHAIR