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HomeMy WebLinkAboutComm No 0005.04 - Testimony - Powers Duties Functions - Fire CommissionScott Susman PO Box 3186 Kailua Kona, HI 96745 susrn.an.kana@aiohamet Regarding: County Charter, Article Vil, Chapter 4, Fire Department Dear Charter Commisioners, I am providing a sample of Chapter 4 with edits I propose for your consideration. I believe more clarity is needed to define what would be reasonably expected of a Fire Commission by the public in its relationship to the Fire Department. I'm a current member of the commission but these suggested changes are from me only as a retired firemen and citizen, and not in any way representing the commission which has already submitted its suggested changes (which I don't consider adequate). It boils down to what we hope for these commissions to accomplish and providing the clearest blueprint we can for guidance to those who serve. Make it unambiguous. As it stands, the chief is quite autocratic, denies access vigorously, and the commission evaluates his administration and the delivery of services via his own narratives at monthly meetings. Efforts to look under the hood are classified as "interference in the administrative affairs of the department". It's inadequate and gives too much unchecked and unwitnessed power to one person. It's a formula for problems. If we want real oversight of this 50 -million -dollar department, we need to say it and provide for it in the charter. If not, we may as well just give it back to the mayor and eliminate the expense of a commission that is weak and ineffective. I will be glad to talk more about this any time to any of you. Best wishes to you in your important work. Scott Susman Comm. No. 5.4 CHAPTER 4 HAWAII FIRE DEPARTMENT Section 7-4.1. Organization. There shall be a Hawaii fire department consisting of a fire chief, a deputy fire chief, a fire commission and the necessary staff. The fire chief shall be the administrative head of the Hawaii fire department and the fire commission its citizen oversight body. 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 and emergency services which shall be based on qualified and professional leadership and personnel. In order to achieve this purpose, the Hawaii 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. (2010, Prop. 10, secs. 2 and 3.) Section 7-4.3. Fire Chief and Deputy. (a) The fire chief shall be appointed by the fire commission and may be disciplined or 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 deputy shall be appointed by the fire chief with confirmation of the fire commission and may be removed by the fire chief with the approval of the commission without cause being stated. (c) 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. (2010, Prop. 10, secs. 2 and 3, and Prop. 15, sec. 3.) Section 7-4.4. Powers, Duties and Functions. The fire chief shall: (a) 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. (b) Train, equip, maintain and supervise a force of firefighting 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 private secretaries to the fire chief and the deputy fire chief. (f) Accommodate the requirements of the fire commission to access any facilities, equipment, activities, reports, documents, and personnel processes necessary to properly conduct its oversight functions. (g) Have such other powers, duties and functions as may be required by ordinance. (2010, Prop. 10, secs. 2 and 3.) Section 7-4.5. Fire Commission. There shall be a fire commission, which shall consist of nine members. One member shall be a resident of each council district and .shall dutifully represent the interests of those constituents and the general public in matters relevant to the fire department. 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 the manner prescribed in Section 13-4. (2010, Prop. 10, secs. 2 and 3.) 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 activities and operations for the purpose 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) Provide for the review of personnel actions in the department that will assure continuous adherence to the policies under Section 7-4.2 of this chapter, HRS 76-1 (Merit Principle), and current fire department procedures. (f) Hear complaints of citizens concerning the department or its personnel and, if necessary, make recommendations to the fire chief for appropriate corrective actions. (g) Submit an annual report to the mayor, managing director and the council on its activities. (h) The fire commission exists to assure the professional performance of the fire chief and the department in the delivery of efficient and cost-effective services to the public. it continuously seeks areas to recommend improvement and supports their implementation. As such, actions of the commissioners are a cooperative collaboration with and through the fire chief and do not interfere directly elsewhere in the normal processes and activities of the department.