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HomeMy WebLinkAbout09-07-16 KFC Approved Minutes Open Session daCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Fire Commission Meeting Date September 7, 2016 Location Lihu`e Civic Center, Mo'ikeha Building, Meeting Room 2A/B Start of Meeting: 2:04 p.m. End of Meeting: 3:36 p.m. Present Chair Thomas Nizo; Vice -Chair Mari Yokoi; Members: Harold (Dan) Brown, Michael Martinez, Clifton (Jimmy) Miranda (arrived at 2:07 p.m.) and Chad Pacheco Also present: Board & Commissions Office Staff. Support Clerk Mercedes Omo, Administrator Jay Furfaro (arrived at 2:40 p.m.); Fire Department: Fire Chief Robert Westerman; Office of the County Attorney: Deputy County Attorney Teresa Tumbaga Guests: Captain Neal Hosaka; Fire Rescue Specialist Byron (Kaina) Costa; Air -1 Pilot Kurt Ventura; Mayor Bernard P. Carvalho Jr.; Mayor's Chief Executive Officer Paula Morikami Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nizo called the meeting to order at 2:04 p.m. with five members present constituting a quorum. Approval of Regular Open Session Minutes of August 1, 2016. Commissioner Pacheco moved to approve the Minutes meeting minutes as circulated. Commissioner Brown seconded the motion. The motion carried 5:0. Commissioner Miranda entered the meeting at 2:07 p.m. Recap of the Fire Chief Westerman gave an overview of his experiences, highlighting that 2016 Fire Chiefs eighty percent of the discussions were based on Emergency Medical Services Conference that are slowly becoming part of the fire industry. Chair Nizo suspended the rules to allow Mayor Carvalho to do his presentation. Mayoral Mayor Carvalho presented Certificates of Appreciation in Recognition of Recognition Outstanding Dedication and Commitment to Rescue Captain Fire Chief Neal Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION Hosaka, Fire Rescue Specialist Byron (Kaina) Costa and Air -1 Pilot Kurt Ventura for taking swift action to an inquiry about the whereabouts of a missing female who were four (4) days late in returning to the Hostel after she had been hiking in Kalalau during the heavy rains on the weekend of July 30th. The female was located, identified and returned safely to her parents. Continued Commissioner Miranda gave an overview of the three presentations which he Recap found interesting. The first presentation was related to the fire at Fort Borden in Alberta, Canada which had similarities in terms of the dense overgrowth of weeds and vegetation that started the brush fires on Kaua`i's fallow lands. Second was the presentation on racism in the fire departments across the country. Third was a presentation on the fire that started at a solar farm in Waco, Texas because the batteries used to store the energy exploded causing a massive fire. Chair Nizo gave an overview of the classes he attended, highlighting the discussion on fire department management, EMS services that are slowly becoming part of the fire industry, and a class on specific qualifications to look for when considering a candidate for the Fire Chief position. KFC 2016 -04 General discussion on what steps are needed in order to increase efficiency in the recruitment and hiring of a new Fire Chief in the future. Human Resources Director Janine Rapozo was present to provide some background on the materials that were given to the Commissioners prior to the meeting. Ms. Rapozo explained that a couple of years ago, she took part in a discussion with the selection committee to talk about setting rules and guidelines on the selection, evaluation and dismissal of the Planning Director. The selection committee recognized that the position of the Planning Director carries many responsibilities and, as such, requires an individual to possess multiple skills. After having met on eleven separate occasions, the selection committee zeroed Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION in on three core elements that define what constitutes a viable candidate for the Planning Director position. Ms. Rapozo stated that in the meantime, the Planning Commission went ahead and adopted its rules as part of their by -laws and policy and procedures in the selection, evaluation and dismissal of the Planning Director. She explained that the intent of the Commission was to have rules in place that would be a little bit more concrete and something that may be more difficult to change. She further explained that in addition to its rules, the Commission came up with specific guidelines (that could be changed because it's not part of their rules) to basically have a process in place so when a Commission is faced with having to select someone, steps will already be in place for that particular Commission to follow. The first step is to look at the current Commissioners to see if they had anyone in -house that they wanted to recommend. The second step is to create a selection committee to make the decision, or come up with recommendations for nominees, or hire a consultant to look at the qualifications needed in a potential candidate. Third, the Commission could have a disclaimer which basically says that the Commission doesn't want to follow any of the recommendations made by the former Commission and would rather create its own rules and guidelines. Additionally, Ms. Rapozo stated that the Civil Service Commission is in the process of adopting similar guidelines for their Commission if and when they need to select, evaluate or dismiss the director. Chair Nizo noted that as it currently stands, the Fire Commission does not have anything in place in terms of guidelines, other than the Charter, so it would benefit the Commission, as well as future Commissions, to have some guidelines and procedures in place moving forward. Ms. Rapozo stated that one of the most important tools to have is a job description for the Fire Chief because it will help the Commission in Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION determining, when selecting someone, what kind of person the Commission is looking for. She suggested that couple of months ago, the Police Commission formed a subcommittee to work on a new job description for the Police Chief so perhaps the Fire Commission could follow in their footsteps. Chair Nizo asked who created the Fire Chief's current job description to which Ms. Rapozo replied, back in 2007 or 2009, a consultant was hired to review all of the County's managerial positions and come up with an unofficial draft of job descriptions for each of the positions. Chair Nizo asked if it would be out of scope to ask Chief Westerman to look at his job description and point out the ones he does and doesn't do, and perhaps give the Commission some of his own input on the type of desirable skills and qualifications he thinks the new Fire Chief should have to which Ms. Rapozo replied, as the appointing authority, she thinks it would be a good idea, adding that once the Commission approves the j ob description, they should date it the day it was approved by the Commission, which is similar to what the Police Commission is doing. Ms. Rapozo also noted that HR is available to work with the Commission on the Chief's job description. Deputy County Attorney Tumbaga added that as a guideline, the Fire Commission could also look at the Police Commission Rule 8 -2 about selecting a new chief. With no further questions, Ms. Rapozo left the meeting at 2:37 p.m. Chair Nizo stated that to start the process, we should ask the Chief to look at his job description and provide his input. Fire Chief Westerman asked if it would be better to have all of the Commissioners provide their own input instead of doing it one at a time because some of the Commissioners may have their own ideas; besides, it might take nine months just for everyone to review it. Then, at Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION the next meeting, have points of discussion. Chair Nizo stated that based on Chief Westerman's comments, everyone should review the Chief's job description and be prepared to provide input at the next meeting. Commissioner Brown asked for clarification if the Commissioner's input should include recommendations on what the Chief's requirements should be in terms of education, training etc. He pointed out that firefighting on the island is far different than it is on the mainland because the Kauai Fire Department provides additional services such as water rescues, EMS, as well as dealing with all of the brush fires every year. He stated that although in past the Fire Department has provided leadership training to help the captains and the officers lead their men, what he believes is lacking is management training skills. Chair Nizo stated that based on the Chief experience as a fire fighter, perhaps he should include, in the Chief's job description, a list of essential duties and responsibilities such as administers, supervises, and manages all aspects of fire operations for the Kauai Fire Department. He stated that as the administrative head of the Fire Department, the Fire Chief Position should have management capabilities in order to communicate with the Office of the Mayor, County Council, and other county agencies on issues that impact the health, safety, or welfare of the County of Kauai. Commissioner Martinez asked Chief Westerman as he was coming up through the ranks, how long did he hold his position as a fire fighter or another level to which Chief Westerman replied, when he first came to the County, the first and only position he held was the Fire Chief position. Prior to that, he lived and worked in Arizona as an EMT and fire fighter for eight years. After that, he moved to Kauai and worked on the base (PMRF) for fifteen years and he went to Driver Ranks and then Prevention Ranks, then he eventually moved on to the Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION Chief's positon in the last four years he was there. Commissioner Martinez asked in all of his eight years as an EMT and fire fighter in Arizona, how much of that experience has helped him with his current position as Chief of the Kauai Fire Department. Chair Nizo added that perhaps the question should be how much management training he applied since becoming the Chief. Chief Westerman stated that taking everything into consideration, one would have to qualify his life because he has had more management training while in the military than in the fire industry, which trickled down to when he first took over as Chief of the Kauai Fire Department. Commissioner Martinez stated that the next person who fills the Fire Chief position should have a wealth of experience in the fire industry and should be able to manage all aspects of fire operations including creating a positive working relationship and open communication with all of his employees to which Commissioner Brown agreed. With no further discussion, Chair Nizo moved on to the Chief's monthly reports. Chiefs Monthly 1. Fire Commission Reports Reports 2. Fiscal Report 3. Daily Flight Hours and Alarm Data 4. Letters of Commendation 5. Chief's Announcements and Other Pertinent Updates Fire Chief Westerman gave an overview of his monthly reports, highlighting his meetings with Civil Defense on Tropical Storm Celia and Tropical Storm Darby, Department of Hawaiian Home Lands and the Mayor, Black Pot Master Plan meeting and Crisis Leadership and decision making meeting. Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION Other highlights include the department's participation in the Makani Pahili Exercises. Training Bureau Chair Nizo asked, relative to the total amount hours for all off - island and on- island trainings, how the numbers are generated to which Chief Westerman replied the numbers are generated by individual trainings and hours. Chair Nizo asked, relative to the CERT program, where in the report does it show how much people attended the CERT community events to which Chief Westerman replied that he usually includes the information in his quarterly or annual reports, but if the Chair wants him to include the information in his monthly reports, he would. Financial Report Chief Westerman reported that the appropriation balance for FY 2015 -2016 as of July 1, 2016 reflect a budget of $29,637,453.00. Generally, everything looks good for the administration. Spending wise, it's really early to predict how accurate the numbers will be as the reports show the Department spending is at 8.33% when, in actuality, it's only spending 7.8% for the year. Administrator Furfaro shared, relative to the CERT Program, he does not think it's consistent with the Fire Department because the money for the CERT Program comes under civil defense. Chief Westerman stated that some of the money, but the program is managed through his Department. Administrator Furfaro stated that he understands but anything cost associated, majority of the funding comes out of civil defense. Chair Nizo asked if the budgetary items that were approved from the last fiscal year are included in the new budget to which Chief Westerman replied, Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION all new increases are reflected in the new budget. Commissioner Miranda moved to receive the With no further questions or comments, Chair Nizo called for a motion to Chief's monthly reports. Commissioner accept the Chief's monthly reports. Pacheco seconded the motion. The motion carried 6:0 Business Discussion on Fire Chief Westerman's 2017 Goals and Objectives. KFC 2016 -03 Chair Nizo stated that he received his digital copy of the Department's goals and objectives and by looking at it, it's a pretty huge document. He asked if it was possible for the Commission to form a subcommittee to hammer out some of the goals listed in the document because if the Commission keeps going down the same line, nothing would get done and we would run out of time. Chair Nizo asked the Commissioners if anyone would like to join him and be the second member to sit on the subcommittee to go over the Department's 2017 goals and objectives to see which goals and objectives the Commission should focus on. Ms. Omo stated that according to the Sunshine Law, two members of a board may discuss, between themselves, matters relating to official board business to enable them to perform their duties faithfully as long as no commitment to vote is made or sought and the members do not constitute a quorum. Commissioner Martinez stated that he would volunteer to sit on the subcommittee. With that being said, Chair Nizo called for a motion to form a two- member subcommittee. Commissioner Brown asked if the purpose of the subcommittee is to put together a list of suggestions for further discussion at the next meeting and if the subcommittee is allowed to visit the various fire stations to get some input. Commissioner Martinez stated that the purpose of the subcommittee is to review the goals and objectives outlined in the report and pick the ones Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION they feel the Commission would like to focus on. Commissioner Brown thanked Commissioner Martinez for clarifying his question. Commissioner Brown asked if he could accompany the Chair and Commissioner Nizo to the fire stations. Deputy County Attorney Tumbaga explained that two or more members of a board (PIG, Permitted Interaction Group), but less than the number of members which would constitute a quorum for the board, may be assigned to investigate a matter relating to official board business, but first, the board needs to set out the scope of the investigation and the scope of each member's authority at the first meeting. At the next meeting, the group will present all of its findings and recommendations, and vote on the Commissioner Brown moved to select Chair recommendations at a following meeting. Nizo and Commissioner Martinez to sit on the subcommittee to review the 2017 Goals and Objectives and present their recommendations Discussion at the next meeting for further discussion and Chief Westerman asked if the other members are allowed to send their possible decision - making. Commissioner recommendations to the subcommittee to which Deputy County Attorney Miranda seconded the motion. Tumbaga replied that to avoid serial communications, the two members that are assigned need to be careful that they avoid additional members in discussion outside of the board meeting. Chief Westerman asked if the subcommittee could meet with him or does it violate the principle to which Deputy County Attorney Tumbaga replied that under HRS 92 -2.5 (g), discussion between two or more members of the board and the head of a department to which the board is administratively assigned may be conducted in private, but it's limited to matters and she would need more time to check on it. Administrator Furfaro suggested that the Commission wait for the County Attorney to clarify what items in the conversation with the committee of two is out of bounds with the Chief. Chair Nizo stated that in meantime, both he Kauai Fire Commission Regular Open Session Minutes of September 7, 2016 SUBJECT DISCUSSION ACTION and Commissioner Martinez could still meet. With no further discussion, The motion carried 6:0. Chair Nizo called for the vote. Announcements Next meeting — Monday, October 3, 2016 — 2:00 p.m. Mo'ikeha Building, Meeting Room 2A/2B. Adjournment With no further business to conduct, Chair Nizo called for the meeting to Commissioner Miranda moved to adjourn the adjourn. meeting. Commissioner Martinez seconded the motion. Motion carried 6:0 At 3:36 p.m. the meeting adjourned. Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on: November 7, 2016. ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: Thomas Nizo, Chair