HomeMy WebLinkAboutRules and Regulations, Fire CommissionRULES AND REGULATIONS
County of Hawaii
Fire Commission
Adopted: June 30, 2022
TABLE OF CONTENTS
RULE1. AUTHORITY......................................................................................................-1-
RULE2. GOAL................................................................................................................... -1-
RULE 3. DEFINITIONS....................................................................................................-1-
RULE 4. POWERS, DUTIES, AND FUNCTIONS......................................................... .2-
RULE 5. ORGANIZATION, MEETINGS, MATTERS OF POLICY ......................... .3-
A. ORGANIZATION...............................................................................................3-
Election of Chair and Vice Chair.......................................................................3-
Transactionof Business.......................................................................................3-
Committees:......................................................................................................... -3-
B. MEETINGS......................................................................................................... -3-
C. STATEMENT OF POLICY...............................................................................4-
RULE 6. OFFICIAL SEAL.................................................................................................4-
RULE 7. COMMISSION INQUIRIES..............................................................................5-
RULE 8. CHARGES BROUGHT BY THE PUBLIC ..................................................... .5-
A. FILING OF COMPLAINTS...............................................................................5-
B. COMPLAINT CLASSIFICATION GUIDELINES ........................................ .5-
Standardof Conduct...........................................................................................5-
Performanceof Duty............................................................................................5-
Obedience to Laws, Written Orders, Policies .................................................. .5-
Commissionof any Criminal Act.......................................................................5-
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C. WITHDRAWAL OF COMPLAINTS................................................................6-
RULE 9. PROCESSING OF COMPLAINTS...................................................................6-
A. CONSIDERATION BY THE COMMISSION ................................................ .6-
B. RECONSIDERATION BY THE COMMISSION ............................................ 7-
C. OTHER MISCONDUCT NOTED.....................................................................7-
D. FINDINGS........................................................................................................... -7-
E. CLASSIFICATION OF CASE FINDINGS ..................................................... .7-
RULE 10. DECLARATORY RULINGS.............................................................................8-
RULE 11. APPOINTMENT OF THE FIRE CHIEF ........................................................ . 9-
RULE 12. APPOINTMENT OF THE DEPUTY FIRE CHIEF ..................................... . 10-
RULE 13. DISMISSAL OF THE FIRE CHIEF AND APPOINTMENT OF
TEMPORARY FIRE CHIEF..........................................................................-10-
RULE 14. METHODS WHEREBY THE PUBLIC CAN OBTAIN INFORMATION-10-
RULE 15. PERSONS REQUESTING INFORMATION ................................................. ii-
RULE 16. PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES-11-
RULE 17. SEVERABILITY..............................................................................................-11-
RULE 18. RULE, ORDER, OR OPINION AGAINST PERSON OR PROPERTY....-11-
RULE 19. PRIVACY...........................................................................................................11-
RULE 20. COST OF RULES..............................................................................................12-
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RULES, REGULATIONS AND PROCEDURES
County of Hawaii
FIRE COMMISSION
RULE 1. AUTHORITY
These rules and regulations are promulgated by the Fire Commission as required in
Chapters 52D, 91 and 92 of Hawai `i Revised Statutes and Article VII, Chapter 4 of the County
Charter, County of Hawaii 2000.
RULE 2. GOAL
The goal of the Fire Commission is to provide the citizens of the County of Hawaii with
the best fire protection and emergency services available.
RULE 3. DEFINITIONS
Wherever used in these rules and regulations, the following terms shall be taken to have
the following meaning:
(a) "Charter" shall mean the County Charter of the County of Hawaii, State of
Hawai `i.
(b) "Commission" shall mean the Fire Commission of the County of Hawaii, State of
Hawai `i.
(c) "Council" shall mean the County Council of the County of Hawaii, State of
Hawaii.
(d) "Department" shall mean the Fire Department of the County of Hawaii, State of
Hawai `i.
(e) "Employees" shall mean personnel employed by the Department, as classified by
the Department of Civil Service of the County of Hawaii, State of Hawaii.
( "Fire Chief' or "Chief' shall mean the Fire Chief of the Fire Department of the
County of Hawaii, State of Hawaii.
(g) "Firefighters" shall mean all uniformed members employed by the Fire
Department as classified by the Department of Civil Service of the County of
Hawaii, State of Hawaii.
(h) "Mayor" shall mean the Mayor of the County of Hawaii, State of Hawaii.
(i) "Members" shall mean all employees employed by the Fire Department of the
County of Hawaii, State of Hawaii, to include "Volunteers" and "Chaplains,"
while performing authorized official functions.
(j) "Officers" shall mean all employees of the Fire Department, County of Hawaii,
State of Hawai'i, holding the rank of Lieutenant through Fire Chief
(k) "Record" or "records" shall mean only those records originally generated by the
Hawai'i County Fire Commission, not to include any and all records of the Fire
Department of the County of Hawai'i, unless specifically so stated.
(1) "Secretary" shall mean the Secretary of the Fire Commission.
RULE 4. POWERS, DUTIES, AND FUNCTIONS
The Fire Commission shall:
(a) Adopt rules necessary for the conduct of its business and review rules for the
administration of the department.
(b) Review the annual budget prepared by the Fire Chief and make recommendations
thereon to the Mayor, the Managing Director, and the Council.
(c) Review the department's operations, as deemed necessary, for the purposes of
recommending improvements to the Fire Chief.
(d) Evaluate at least annually the performance of the Fire Chief and submit a report to
the Mayor, Managing Director, and the Council.
(e) Review the Fire Chief s Position Description and Program of Work annually for
the purpose of improvement.
(f) Review personnel actions within the department for the conformance with the
policies under section [7-4.2] of the County Charter.
(g) Hear complaints of citizens concerning the department or its personnel and, if
necessary, make recommendations to the Fire Chief about appropriate corrective
actions.
(h) Submit an annual report to the Mayor, Managing Director, and the Council on its
activities.
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Except for purposes of inquiry or as otherwise provided in the County Charter, neither the
commission nor its members shall interfere in any way with the administrative affairs of the
department.
RULE 5. ORGANIZATION, MEETINGS, MATTERS OF POLICY
A. ORGANIZATION
The Fire Commission shall consist of nine members. One member shall be a resident of
each council district. The Commission may appoint such staff and engage such consultants as
necessary for the performance of its duties. The members shall be appointed by the Mayor and
confirmed by the Council. In addition:
1.) Election of Chair and Vice Chair: The members of the Commission shall elect
annually, in December, a Chair and Vice -Chair to serve for the following calendar
year. If, for any reason, the Chair or the Vice -Chair cannot hold the position for
the term, a special election will be held. In the absence of both Chair and Vice -
Chair, the remaining members shall elect an Acting Chair.
2.) Transaction of Business: A majority of the Commission shall constitute a quorum
for the transaction of business. A concurring vote of the majority of the
Commission shall be necessary to take any action unless otherwise required by
law.
3.) Committees: Committees may be appointed by the Chair, or as moved by a
majority of the Commissioners.
B. MEETINGS
Members of the Commission shall:
1.) Hold regular meetings on the fourth Thursday of each month, unless otherwise
specified by the Commission.
a. The public will be given a reasonable opportunity to testify on agenda
items. Any testimony may be limited to five (5) minutes in length.
Repetitious or disruptive testimony will be curtailed by the Chair. Any
person who does not abide by these rules shall be ruled out of order. It is
recommended that ten (10) copies of the testimony be submitted to the
Commission at any time prior to the meeting.
2.) Comply with all provisions of the "Sunshine Law" and conduct meetings in
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accordance with "Robert's Rules of Order."
3.) Attend all regular and special meetings unless there is good cause for absence;
notify the chair or secretary of absence. If a Commission member accrues five (5)
unexcused absences within a twelve (12) month period, the Commission shall
have the authority to recommend removal of the Commission member to the
mayor.
4.) Give written public notice of any regular, special, or rescheduled meeting, or any
executive meeting when anticipated in advance. The notice shall include an
agenda, which lists all of the items to be considered at the meeting, the date, time,
and place of the meeting, and in the case of an executive meeting, the purpose
shall be stated. The agenda must be filed at least six (6) calendar days prior to the
meeting.
5.) Require that the Fire Chief or a designated representative attend all regular and
special meetings.
6.) A quorum (five members) of the Fire Commission shall be necessary for the
transaction of business.
C. STATEMENT OF POLICY
The County Charter establishes a system of fire protection and prevention and emergency
services which shall be based on qualified and professional leadership and personnel. In order to
achieve this purpose, the fire department shall be operated in accordance with the following:
1.) Standards for recruitment shall be designed to attract into the department persons
with high degrees of education, intelligence, and personal stability.
2.) Promotions and other personnel actions shall be based upon fair and appropriate
standards of merit, ability, and work performance.
3.) Appropriate training shall be provided to the maximum extent possible and
practical.
RULE 6. OFFICIAL SEAL
The seal of the County of Hawaii is the official seal used by the Fire Commission.
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RULE 7. COMMISSION INQUIRIES
Inquiries into matters within the jurisdiction of the Commission may be initiated by
motion of its members at any time or submitted in writing by a member of the public and
discussed by the Commission at its earliest convenience. Such public requests shall be received
in the Commission's office at least ten (10) days prior to the next regular meeting and shall
include:
(a) Name, address, and telephone number of petitioner;
(b) Nature of the petitioner's interest and the reasons for requesting an inquiry;
(c) A complete statement of the relevant facts relating to the petitioner's request;
(d) Position or contention of the petitioner.
RULE 8. CHARGES BROUGHT BY THE PUBLIC
A. FILING OF COMPLAINTS
A charge, herein called a "complaint" against the conduct of the department or any of its
members or employees while on duty or acting under the color of authority shall be in writing,
signed, and dated by the complainant under oath before a Notary Public. The notarized
complaint must be received by the Commission's office not more than ninety (90) days from the
date of the incident. A complaint form or letter signed, dated, and notarized by the complainant's
immediate family shall be accepted as a complaint if the victim is deceased. The subject
complaint shall be considered by the Commission as soon as practicable based on scheduling of
the complainant and the Commission.
B. COMPLAINT CLASSIFICATION GUIDELINES
Complaints shall be classified under the following standards of conduct:
Standard of Conduct - Members shall conduct their lives in such a manner as to
avoid bringing themselves or the department into disrepute.
2. Performance of Duty - Members shall perform their duties as required or directed
by law, departmental procedures, policies, or orders of a command or supervisory
officer. All lawful duties shall be performed promptly notwithstanding the
general assignment of duties and responsibilities.
Obedience to Laws, Written Orders, Policies - Members of the department shall
observe and obey all federal and state laws, ordinances of the County of Hawaii,
and all orders, policies, directives, regulations, etc., of the department.
4. Commission of any Criminal Act - Members shall not commit any criminal act.
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For the purpose of this section, it is not required that the member be convicted of
a crime. Acceptance of immunity from criminal prosecution, deferred acceptance
of guilty pleas, deferred prosecution, and other such dispositions shall be
considered prima facie evidence that a criminal act was committed. The Fire
Department's Rules and Regulations governing standards of "General Conduct"
shall be used when the Commission's rules are inadequate to cover the
circumstances of the case.
C. WITHDRAWAL OF COMPLAINTS
A complaint may be withdrawn by a notice or letter of withdrawal, signed and dated by
the complainant. In the event of death, the complaint will be considered automatically
withdrawn unless otherwise refiled by an immediate family member within thirty (30) days of
death.
RULE 9. PROCESSING OF COMPLAINTS
A. CONSIDERATION BY THE COMMISSION
The Commission shall review each complaint. The complaint must involve an element of
misconduct (malfeasance, misfeasance, or nonfeasance) by a firefighter or employee of the
department. The Commission shall not hear a complaint i£
1.) The complaint is filed after ninety (90) days of the incident in which the
complaint is based; however, the Commission may allow the filing of a
complaint after the ninety -day period for the following reasons:
a. Excusable neglect. Lack of knowledge of the existence of the
Commission or its complaint procedure shall not constitute excusable
neglect in any case.
b. Newly discovered evidence, which by reasonable diligence, could not have
been discovered in time.
Any reason for requesting relief from the ninety -day rule must be in writing and
will be reviewed by the Commission for extenuating circumstances.
2.) The complaint is speculative or purely hypothetical and does not involve existing
facts.
3.) The complaint does not involve an element of misconduct.
4.) The complaint is not within the jurisdiction of the Commission.
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B. RECONSIDERATION BY THE COMMISSION
Any action taken by the Commission maybe reconsidered only on the following
conditions:
1.) The motion is made by a Commissioner who voted on the prevailing side. The
motion is made at the same meeting or the meeting immediately following the
action taken.
2.) If the motion is made at the meeting following the action taken, no vote will be
taken until the motion can be placed on the agenda and notice is given via mail to
the parties involved in the complaint that a reconsideration motion will be
addresses by the Commission, the date and time when this will take place, and
that they may appear and testify on the motion.
C. OTHER MISCONDUCT NOTED
The Commission may further review incidents of misconduct, other than alleged by the
complainant, arising from the investigation of a complaint.
D. FINDINGS
The Commission shall give written notice of its findings, and if necessary,
recommendations for appropriate corrective actions, to the Fire Chief, the complainant, and the
person against whom the complaint is made.
E. CLASSIFICATION OF CASE FINDINGS
1.) NO FACTUAL BASIS - The commission cannot find any factual basis for the
complaint or the incident complained of did not occur as alleged.
2.) LAWFUL OCCURRENCE - The incident occurred, but in light of all facts
presented, the commission finds that the alleged incident was lawful and proper.
3.) INSUFFICIENT EVIDENCE - The evidence presented is insufficient for the
commission to make a determination as to whether the incident occurred as
alleged by complainant. The commission may refer the complaint back to the Fire
Chief for further evaluation.
4.) SUFFICIENT EVIDENCE - There is sufficient evidence to support the
complainant's allegations and the commission will refer any recommendations for
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corrective actions, if deemed necessary, to the Fire Chief.
RULE 10. DECLARATORY RULINGS
Any interested person may petition the Commission for a declaratory order as to the
applicability of any rule or order of the Commission. The petition shall contain:
(a) The name, address, and telephone number of the petitioner.
(b) A statement of the nature of the petitioner's interest, including reasons for the
submission of the petition.
(c) A designation of the specific provision, rule, or order in question. A complete
statement of the facts for which the petitioner feels the rule or order may be
applicable.
(e) A statement of the position or contention of the petitioner regarding application of
the rule or order.
(f) A memorandum of authorities, containing a full discussion of the reasons,
including an legal authorities, in support of such position or contention.
Any petition that does not conform to the foregoing requirements may be rejected.
The Commission may, for good cause, refuse to issue a declaratory ruling and shall so
state in writing the reasons for its refusal. Without limiting the generality of the foregoing, the
Commission may so refuse where:
(a) The question is speculative or purely hypothetical and does not involve existing
fact or facts, which can reasonably be expected to exist in the near future.
(b) The issuance of the declaratory ruling may adversely affect the interest of the
County of Hawaii, the Commission, the department, or any of their officers or
employees in any litigation, which is pending or may reasonably be expected to
arise. Litigation is pending in which the County, the Commission, the
department, its employees or members, and the petitioners are parties.
(c) The matter is not within the jurisdiction of the Commission.
Where any question of law is involved, the Commission may refer the matter to the
Corporation Counsel. It may also obtain the assistance of other agencies where necessary or
desirable. Upon the disposition of the petition, the petitioner shall be informed in writing by the
Commission.
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Orders disposing of petitions shall have the same status as other orders of the
Commission. Orders shall be applicable only to the facts of the situation alleged in the petition
or set forth in the order.
RULE 11. APPOINTMENT OF THE FIRE CHIEF
a) The Fire Chief shall be appointed by the Commission and may be removed by the
Commission at its sole discretion. Any motion for removal of the Fire Chief must
contain a statement of reasons, and the Fire Chief must be allowed to respond to the
statement of reasons before being removed.
b) Whenever there is a vacancy in the office of the Fire Chief, the Commission shall give
notice of such vacancy by publishing notice of such vacancy in one or more newspapers
of general circulation in the State of Hawaii once a week for three (3) consecutive weeks.
This notice shall state that there exists or will exist a vacancy in the office of the Fire
Chief and shall state the means by which interested persons may obtain additional
information concerning the application procedure and position qualifications.
c) The Department of Human Resources of the County of Hawaii shall screen all
applications and forward to the Commission all applicants meeting the minimum
qualifications. The Commission shall then select which applicants it wishes to interview,
provided that no part of this rule shall be interpreted so as to limit the discretion of the
Commission in determining which person it shall appoint as Fire Chief. The Commission
shall consider the Fire Chief s Position Description in the screening and selection
process.
d) The Fire Chief shall have had a minimum of five (5) years training and experience in fire
control, including at least three (3) years experience in a reasonable administrative
capacity. The Fire Chief shall be a citizen of the United States and a resident of the State
for at least one year immediately preceding the appointment. In addition, the Fire Chief
shall:
1) Perform firefighting and emergency services in order to save lives and property
from fires and from emergencies arising on land, on the sea, and hazardous
terrain.
2) Train, equip, maintain and supervise a force of firefighting and emergency
services personnel.
3) Monitor the construction and occupancy standards of buildings for the purposes of
fire prevention and life safety.
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4) Provide educational prograins related to fire prevention and life safety.
5) Appoint the Deputy Fire Chief and the private secretaries to the Fire Chief and the
Deputy Fire Chief.
6) Have such other powers, duties, and functions as maybe required by ordinance.
RULE 12. APPOINTMENT OF THE DEPUTY FIRE CHIEF
A. The Fire Chief appoints a Deputy Fire Chief by letter of appointment accompanied by
supporting data and personal resume.
RULE 13. DISMISSAL OF THE FIRE CHIEF AND APPOINTMENT OF
TEMPORARY FIRE CHIEF
A. The Fire Chief may be removed by the Commission at its sole discretion. Any motion for
removal of the Fire Chief must contain a statement of reasons, and the Commission shall
not vote to remove the Fire Chief unless the Fire Chief has been given an opportunity to
respond to the statement of reasons at a hearing before the Commission. In the event of a
resignation, retirement, permanent disability, death or dismissal of the Fire Chief, the
Commission shall name a temporary Fire Chief until such time as a permanent Fire Chief
as appointed by the Commission.
B. Until such time as a temporary Fire Chief is named by the Commission, the acting Fire
Chief, as determined by the department's administrative line of succession, shall perform
all the duties of the Fire Chief.
RULE 14. METHODS WHEREBY THE PUBLIC CAN OBTAIN INFORMATION
The public may obtain information as to matters within the jurisdiction of the
Commission by inquiring at:
The Office of the Clerk of the County of Hawaii.
The Office of the Mayor of the County of Hawaii.
The Office of the Fire Chief of the County of Hawaii.
The Office of the Fire Commission of the County of Hawaii.
All rules, written statements of policy, orders, or opinions of the Commission shall be on
file and available for public inspection in the Commission's office. Such inquiry may be made in
person at said offices during business hours or by submitting a request for information in writing
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to the Commission.
RULE 15. PERSONS REQUESTING INFORMATION
Persons requesting information requiring Commission action or making submittals or
requests of the Commission shall do so in writing and shall submit it to the Office of the
Commission at least ten (10) days prior to the next scheduled regular meeting.
RULE 16. PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES
Any Commissioner, by motion, or any interested person, may petition the Commission
requesting the adoption, amendment, or repeal of any rules of the Commission stating reasons
thereof, provided that the adoption, amendment or repeal of any rule shall be subject to the
approval of the Mayor and the requirements of the Hawai `i Revised Statutes and Chapter 91.
Notwithstanding the foregoing, if the Commission finds that an imminent peril to the
health, safety, or morals requires the adoption, amendment, or repeal of any rule without the
required notice, and states its reasons for such finding, it may proceed without prior notice or
hearing, such emergency rule to be effective for a period not longer than one -hundred -twenty
(120) days without renewal and further subject to all requirements of the Charter.
RULE 17. SEVERABILITY
If any provision of these rules and regulations or its application to any person or
circumstances is held to be unconstitutional or invalid, the remaining portion of these rules and
regulations shall not be affected and to this end, the various subjects are declared to be severable.
RULE 18. RULE, ORDER, OR OPINION AGAINST PERSON OR PROPERTY
No rule, order, or opinion of the Commission shall be effective against any person or
property until it has been published or made available for public inspection except where the
person concerned has actual knowledge thereof
RULE 19. PRIVACY
A. The Commission shall make accessible to any person, personal records as defined in
Hawai `i Revised Statutes, (HRS) 92F, that pertain to the person, provided that the
limitations which pertain to the granting of access to personal records as set forth in HRS
92F shall be applicable to the Commission.
B. Any person may make a request to the Commission for access to a personal record that
pertains to that person. The request shall be written and must clearly describe the
personal record to which the person requests access and delivered to the Commission's
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office.
C. The Commission shall follow the procedure for granting or denying access to personal
records as set forth in HRS 92F.
D. The Commission shall not disclose or authorize the disclosure of any personal record,
other than to the individual to whom it pertains, except as authorized by HRS 92F.
RULE 20. COST OF RULES
Copies of these rules and regulations shall be made available to the public upon request at
the Commission's office. The cost shall not exceed the reasonable cost of producing and mailing
such copies, provided that copies shall be available free of charge to other governmental
agencies. These rules will take effect upon adoption by the Commission and approval by the
Mayor.
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