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HomeMy WebLinkAbout2016-04-05 Fire Commission Regular MinutesHAWAII FIRE COMMISSION REGULAR SESSION MINUTES APRIL 5, 2016 WEST HAWAII CIVIC CENTER, BUILDING G CONFERENCE ROOM 74-5044 ANE KEOHOKALOLE HWY., KAILUA-KONA, HAWAII CALL TO ORDER Chair De Luz called the meeting to order at 9:09 a.m. ROLL CALL Present: David De Luz, Jr., Chair Robert Becker, Vice Chair Kimo Lee, Commissioner Marcella St. Ambrogio, Commissioner Scott Susman, Commissioner Absent: Mapuana Waipa, Commissioner Ralph Yawata, Commissioner A quorum was present. Also Present: Darren Rosario, Fire Chief Darwin Okinaka, Battalion Chief Jennifer Ng, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner St. Ambrogio motioned to approve the agenda. Commission Susman seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES March 9, 2016, regular session: Vice Chair Becker motioned to approve the minutes. Commissioner Susman seconded, and it carried unanimously. March 9, 2016, executive session. Vice Chair Becker motioned to approve the minutes. Commissioner St. Ambrogio seconded, and it carried unanimously. DISCUSSION ON FIRE CHIEF'S WRITTEN REPORT Chief Rosario introduced newly promoted Battalion Chief Darwin Okinaka. A display of light and heavy trucks will be done in the latter part of the meeting. Chief Rosario highlighted items in his written report: • Budget and Finance: The current budget is on track, and they project to have about $125,000 left in the budget, not foreseeing any emergencies. The department has Hawaii Fire Commission Regular Session Minutes April 5, 2016 Page 2 done a wonderful job with non -necessary expenses, and he applauds the men and women of the department for their part. They will put in a request at the next budget cycle for the two approved apparatuses that were deleted from the budget. Surplus in salaries and wages cannot be transferred to other accounts. Their budget for overtime and miscellaneous salaries and wages has not been increased over the past decade, although S & W has increased. Emergency Operations Division: In response to inquiries, Chief Rosario reported that they did have an MICT shortage the last two years. This year, MICT is 100% filled, and they don't have issues with excessive overtime. They do not have any spare or roving positions. The only time they have overtime is when someone is on leave. He explained "rank for rank" which requires the employer to replace a ranked officer on leave with a ranked officer (identical). It covers everyone from Battalion Chief and down but does not cover firefighters. It's a bargaining unit agreement. It added about $2 million to their budget. Personnel from the Kailua-Kona station gave a presentation on equipment for land and water rescues. Much of the equipment was donated via the Sayer Foundation. There was display of apparatuses outside of the meeting room. EXECUTIVE SESSION Commissioner St. Ambrogio 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 charges brought against an employee of the Hawaii Fire Department in Complaint HCFC 16-02; to consider sensitive matters relating to public safety pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawaii County Charter Section 13-20 (b). Commissioner Susman seconded and it carried unanimously. Executive session convened at 10:35 a.m. Regular session reconvened at 10:48 a.m. INVESTIGATION OF COMPLAINT HCFC 16-02: Complainant Russell Acantilado requested to be heard in open session. He alleged that an employee mistreated him and roughed him up. Mr. Acantilado came before the commission. His wife and father were present. He asked the commission to explain their unfounded decision in his complaint HCFC 15-02. He has evidence that he was dehydrated, and his CK was high. He was abandoned at the fire department. He filed a complaint with the police department and fire administration. Chair De Luz stated that they didn't have the evidence at the last meeting. Ms. Ng pointed out that in this written complaint, he said he wanted to present additional information on his prior complaint. He submitted written information. Recess was called at 10:54 a.m.to make copies of his documents. The meeting reconvened at 11:10 a.m. The commission reviewed the documents. Mr. Acantilado requested a reconsideration in HCFC 15-01. Ms. Ng stated that his request for a reconsideration will be addressed. Hawaii Fire Commission Regular Session Minutes April 5, 2016 Page 3 Mr. Acantilado spoke about his previous complaint, HCFC 15-02, and answered questions. He stated that he goes to the fire station often to see a friend. They check his blood pressure. On that day, he had been exercising at the gym. He felt nauseated and went to the fire station. The guy told him he would take his pressure, but he would have to calm down first. About 10-15 minutes later, the medic passed them and said they had to go to Pa'auilo. They left him there. He walked into the station but couldn't find anybody. He went to the police station. There was no discussion about calling an ambulance from the police station. The police officer told him they had to leave, that he could go to the hospital, and that he could make a complaint with the Fire Commission. He called his dad to pick him up. He called 9-1-1 from home, and the medic told him to go to Waimea. They should have done their job which is to always get backup and not leave a person there. He has dehydration and kidney problems. Commissioner Susman told Mr. Acantilado that he went there, but they didn't hear him say or see that he was having a medical emergency. Mr. Acantilado further stated that the medic has an issue with him because he visits his friend at the station. He claims he goes there too much. He lives two houses away from the fire station. He vomited mucous. He went to Waimea, and they told him he was dehydrated and his CK was up. His new evidence is that he was dehydrated. The medic always tells him that he is always coming in. He wouldn't go to Honoka`a Hospital because they do the same thing. He has complaints on them, too. He goes to Waimea because they have the machine. Commissioner Susman told Mr. Acantilado that paramedics don't routinely abandon people who have a medical emergency. They are professionals. They've never had a complaint like this before, so it' not something that happens routinely. This new evidence that he gives doesn't create evidence in his mind that he was abandoned. They didn't see a medical emergency when he went into the fire station that day. Regarding Complaint HCFC 16-02 of January 31, 2016, Mr. Acantilado gave statements and answered questions. He stated that he didn't collapse. He hurt his knee ligaments before and has to use a brace on his leg. When he went up the hill, he felt his kneecap pinching, so he went on his knees. He started vomiting mucous. He didn't fall or lose consciousness. Vice Chair Becker asked about him not wanting to take the precaution of having the C- spine collar on. Mr. Acantilado stated that he was lying down. The firefighter said there would be a wait of 10-20 minutes because they were in `O`okala . They gave him oxygen. He stood up, was talking, and vomited mucous. The medic came. He put the spinal and put the stuff on his neck. His wife heard the other guy say he no need the c -spine because he was moving. He put the c -spine collar on him while he was on the ground. From there, he Hawaii Fire Commission Regular Session Minutes April 5, 2016 Page 4 went to the ambulance. The medic threw him on top the spinal stuff. He pushed him over and pressed his back hard. When he put the spinal stuff on his neck, it was nice in the beginning. When he put him in the ambulance, he tied him tight, and he couldn't breathe. His wife and father submitted notarized statements. His wife is willing to speak to them, but his father does not want to say anything. Mrs. Acantilado stated that she called 9-1-1. When the ambulance arrived, he was lying on the ground. They talked to him. He responded quietly. She doesn't know if he was exhausted or slipping in and out. She had her grandson and couldn't go with him. Mr. Acantilado further stated that the medic flipped him over and put the c -spine on him. They put him on oxygen. They told him to lie down. He kept trying to stand up. The firefighter told him to relax. He sat up and tried to grab the collar off. The guy pushed him down. He told him he wanted to check himself out. The guy told him no, and that he was going against medical advice. The collar was so tight that he asked for oxygen. When they were driving to the hospital, the other fireman released the neck brace. When the doctor looked at him, he knew he didn't have a broken neck. Mr. Acantilado further stated that he takes medication as needed. He is supposed to take it four times. He had taken the medication about 2:00 in the morning. There were no further questions or statements. Commissioner St. Ambrogio stated that she would like to discuss personnel matters with Chief Rosario in executive session. EXECUTIVE SESSION (Closed to the public.) Commissioner St. Ambrogio 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 charges brought against an employee of the Hawaii Fire Department in Complaint HCFC 16-02; to consider sensitive matters relating to public safety pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawaii County Charter Section 13-20 (b). Commissioner Susman seconded, and it carried unanimously. Executive session convened at 12:31 p.m. Regular session reconvened at 1:46 a.m. COMMITTEE REPORTS • Budget and Finance (No report.) • Office Management and Staffing (De Luz) (No report.) • Rules and Policies (No report.) • Public Relations (Lee) (No report.) • Training and Education (Waipa) (No report.) • Rules and Regulations Review Committee (No report). Hawaii Fire Commission Regular Session Minutes April 5, 2016 Page 5 UNFINISHED BUSINESS • Review draft of 2016 Fire Chief's performance evaluation elements. • Review draft of 2016 Fire Commission's goals and objectives. • Review draft of Fire Chief's position description. • Work on Fire Commission's 2015 annual report. There were no substantive changes. Vice Chair Becker motioned to accept the current report as submitted. Commissioner St. Ambrogio seconded, and it carried unanimously. Unfinished business will continue at the next meeting. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaint HCFC 16-02: Complainant alleged that an employee mistreated him and roughed him up. In addition, he requested a reconsideration of his previous complaint, HCFC 15-02. HCFC 15-02: No motion was made for reconsideration. The commission's previous decision will stand. HCFC 16-02: Commissioner Susman motioned that the complaint classification be Performance of Duty. Vice Chair Becker seconded, and it carried unanimously. Vice Chair Becker motioned to exonerate the employee. Commissioner Susman seconded, and it carried unanimously. ANNOUNCEMENTS Chair De Luz announced that the next meeting is scheduled for May 11, 2016, at 9:00 a.m. in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT Vice Chair Becker motioned to adjourn. Commissioner Susman seconded, and the motion carried unanimously. The meeting adjourned at 2:30 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: DAVID DE LUZ, JR., CHAIR