HomeMy WebLinkAboutCA-0024 - Proposed Amendment to Article VII Chapter 4 Fire Dept - formattedCHARTER AMENDMENT NO. CA -24
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1. Article VII, Chapter 4, Section 7-4.2, of the Hawai`i County
Charter (2018 Edition), is amended to read as follows:
"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 2. Article VII, Chapter 4, Section 7-4.3, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"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 3. Article VII, Chapter 4, Section 7-4.4, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"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 4. Article VII, Chapter 4, Section 7-4.6, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"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 affairs]
standard operational activities of the department."
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Section 5. Charter material to be repealed is bracketed and stricken through.
New charter material is underscored. When revising, compiling, or printing these charter
provisions for inclusion in the Charter of the County of Hawai`i (2020), the revisor need
not include the brackets, bracketed and stricken material, or underscoring.
Section 6. The revisor of the charter shall renumber charter article, chapter,
and section numbers and any cross references thereto pursuant to amendments approved
by the electorate.
Section 7. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect without the
invalid provision or application, and to this end, the provisions of this ordinance are
declared to be severable.
Section 8. This amendment shall take effect upon approval by the electorate.
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