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HomeMy WebLinkAboutComm No 0041 - Transmit CA-24Douglass Shipman Adams Chairperson Jennifer Leilani Zelko-Schlueter Vice Chairperson 2018-2020 HAWAII COUNTY CHARTER COMMISSION William Carthage Bergin Michelle Galimba Paul K. Hamano Kevin D. Hopkins Bobby Jean Akane Leithead Todd Sarah H. Rice Christopher John Imiloa Roehrig Marcia A.K. Saquing Donna Mae Springer Date: February 25, 2019 To: Members of the Hawai`i County Charter Commission From: Douglass Shipman Adams, Chair Hawai`i County Charter Commission RE: Transmitting CA -24; Proposed Amendment to Article VII, Chapter 4 — Relating to the Hawai`i Fire Department; Submitted by Commissioner Adams Please find attached CA -24, which proposes to amend Sections 7-4.2-7-4.4 and Section 7-4.6 of the Hawai`i County Charter (2018 Edition) by amending the prerequisites for eligibility to be appointed as the Fire Chief and to add "water safety" to the duties and functions of the Hawai`i Fire Department as a recognition of current practices. CA -24 will be placed on the next available meeting agenda for its initial consideration and approval prior to first reading. Should you have any questions, please contact our Commission Analyst, Jon Henricks. DSA/jdh Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 41 PROPOSAL NO. CA -24 (For Commission Use Only) 2018-2020 HAWAII COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: ADAMS 2. If applicable, list the charter provision(s) to be deleted or amended: Sections 7-4.2, 7-4.3, 7-4.4, and 7-4.6 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: Amend sections IAW recommendations from the Fire Commission and Fire Chief. Specifically, add water safety as one of the enumerated functions of the fire department, delete minimum experience levels that provide a sub -standard level of guidance for selecting departmental leadership, and frame some fire commission powers more clearly. 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. See reverse side Form CA -1 Revised 8/29/18 1 of 2 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed and stricken] . Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Form CA -1 Revised 8/29/18 2 of 2 Hawaii County Charter Proposal --text Section 7-4.2. Statement of Policy. It is hereby declared to be the purpose of this chapter to establish in the county a system of fire protection and prevention, water safety and emergency services which shall be based on qualified and professional leadership and personnel. In order to achieve this purpose, the Hawai`i fire department shall be operated in accordance with the following: (a) Standards for recruitment shall be designed to attract into the department persons with high degrees of education, intelligence and personal stability. (b) Promotions and other personnel actions shall be based upon fair and appropriate standards of merit, ability and work performance. (c) Appropriate training shall be provided to the maximum extent possible and practicable. Section 7-4.3. Fire Chief. (a) The fire chief shall be appointed by the fire commission and may be removed by the fire 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. (b) [The fire chief shall have had a minimum of five years of training and experience in fire control, including at least three years of experience in a responsible administrative capacity.] The fire commission may waive any residency requirements during the fire chief selection process. The fire chief shall have a combination of education and experience substantially equivalent to: (1) Possession of a bachelor's degree from an accredited college or university and twelve years of fire service experience of which a minimum of ten years shall have been as a fire captain or higher in the Hawai`i fire department or a fire service department of equivalent size and complexity; or (2) Fourteen years of fire service experience of which a minimum of twelve years shall have been as a fire captain or higher in the Hawai`i fire department or a fire service department of equivalent size and complexity. Section 7-4.4. Powers, Duties and Functions. The fire chief shall: (a) Perform firefighting, water safety and emergency services in order to save lives and property from fires and from emergencies arising on land, on the sea and in hazardous terrain. (b) Train, equip, maintain and supervise a force of firefighting, water safety and emergency services personnel. (c) Monitor the construction and occupancy standards of buildings for the purposes of fire prevention and life safety. (d) Provide educational programs related to fire prevention and life safety. (e) Appoint the deputy fire chief and the private secretaries to the fire chief and the deputy fire chief. (f) Have such other powers, duties and functions as may be required by ordinance. Section 7-4.6. 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, the managing director and the council. (e) Review personnel actions within the department for conformance with the policies under Section 7-4.2 of this charter. (f) Hear complaints of citizens concerning the department or its personnel and, if necessary, make recommendations to the fire chief on appropriate corrective actions. (g) Submit an annual report to the mayor, managing director and the council on its activities. Except for purposes of inquiry or as otherwise provided in this charter, neither the commission nor its members shall interfere in any way with [the administrative affair] standard operational activities of the department.