HomeMy WebLinkAbout06-06-16 Fire Open Session Minutes- Approved as AmendedCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board /Committee:
Kauai Fire Commission
Meeting Date
June 6, 2016
Location
Mo'ikeha Building — Meeting Room 2A/B
Start of Meeting: 2:00 p.m.
End of Meeting: 3:21 p.m.
Present
Vice -Chair Thomas Nizo; Members: Harold (Dan) Brown, Clifton (Jimmy) Miranda (Arrived at 2:08 p.m.), Chad Pacheco and Mari
Yokoi
Also present: Board & Commissions Office Staff. Support Clerk Mercedes Omo; Administrator Jay Furfaro; Deputy County Attorney
Teresa Tumbaga. Fire Department: Fire Chief Robert Westerman and Secretary Eve Domingcil.
Excused
Commissioner Michael Martinez
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
At 2:00 p.m. Vice Chair Nizo called the
meeting to order with four (4) members present
constituting a quorum.
Election of Chair
Vice Chair Nizo opened the floor for nominations.
and Vice Chair
Commissioner Brown nominated Vice Chair Nizo to the position of Chair and
Commissioner Yokoi to the position of Vice Chair. Hearing no objections
from both Commissioners, Vice Chair Nizo closed the nominations and called
for the vote.
At 2:08 p.m. Commissioner Miranda entered the meeting.
By a vote of 5:0, the Commissioners elected
Vice Chair Nizo to the position of Chair for the
remainder of the year, and Commissioner Yokoi
to the position of Vice Chair for the remainder
of the year.
Approval of
Chair -elect Nizo called for a motion to approve the meeting minutes.
Commissioner Brown moved to accept the
Minutes for May
meeting minutes of May 2, 2016. Commissioner
2, 2016
Pacheco seconded the motion. The motion
carried 5:0
Kauai Fire Commission
Regular Open Session Meeting Minutes
June 6, 2016 Page 2
SUBJECT
DISCUSSION
ACTION
Chiefs monthly
1. Fire Commission Reports for the month of April
reports
2. KFD Fiscal Report for FY 2015/2016
3. Daily Flight Hours and Alarm Data
4. Letters of Commendation
5. Chiefs announcements and pertinent updates
Chief Westerman stated that relative to the report writing, the bureaus are
working on creating a format that will be easier to read and understand. He
reported that on April 12 -15 he attended the CNH (California Nevada and
Hawaii) Conference at the Sheraton Kauai Resort in Po`ipu. The
conference was hosted by the Division of Forestry and Wildlife.
He met with the attorneys representing the Midler property to talk about the
possibility of relocating the Kapa`a Fire Station to the area. He also met
with Casey Reimer of Jack Harter Helicopters to inspect a helicopter water
bucket that he recently purchased to help the Fire Department with aerial
drops.
Ocean Safety Bureau
Fire Chief Westerman reported the installation of PA Systems in Kekaha,
Po`ipu, Ha`ena and Pavilion.
Commissioner Brown asked if the report included the number of water
recuses within any given month to which Fire Chief Westerman replied if it
requires a water rescue, then it should be in the report.
Budget Status for FY 2015 -2016
Fire Chief Westerman reported as of April 30, 2016, the Department's total
expenditures plus encumbrances is at 83.33% with 16.67% remaining.
With the exception of having to transfer funds from the salary budget into
Kauai Fire Commission
Regular Open Session Meeting Minutes
June 6, 2016 Page 3
SUBJECT
DISCUSSION
ACTION
the operational budget to cover an unexpected porta potty bill, the Fire
Department is expected to remain on target.
Chiefs Announcements
The Kauai Life Guard Association will be hosting its 4th Wave Celebration
Fundraiser on October 22, 2016 at the Kauai Marriott Resort and Beach
Club in Nawiliwili. The proceeds from the event will go towards the
purchase of a truck, jet ski, and trailer to help the ocean safety officers with
water rescues.
Commissioner Pacheco moved to receive the
With no further discussion, Chair -elect Nizo called for a motion to receive
Chief s monthly reports. Commissioner
the Chief's monthly reports.
Miranda seconded the motion. The motion
carried 5:0
Business KFC
Discussion on evaluating the Fire Chief based on criteria found in the
Kauai County Charter and the Kauai County_ Fire Commission Rules of
2016 -01
Administrative Practice and Procedure.
Chair -elect Nizo stated that the discussion is a continuation from the last
meeting in which the Commission wanted to create a new evaluation
form similar to what the Police Commission uses to evaluate the Chief of
Police. He stated that unless he's mistaken, the new process would
include input from the Mayor which might have an impact on the Chief's
evaluation.
Administrator Furfaro stated that how big of an impact the Mayor's input
would have on the Chief's evaluation is under review by the Department
of Human Resources and no decisions have been.
Chair -elect Nizo asked if the Mayor's input would impact how the
Commission rates the Chief, as well as his compensation the
Kauai Fire Commission
Regular Open Session Meeting Minutes
June 6, 2016 Page 4
SUBJECT
DISCUSSION
ACTION
Commission feels he deserves.
Administrator Furfaro stated that he cannot provide an answer as to what
degree the Mayor's input will have because it's still under review;
however, as it stands right now, the Commission's evaluation of the
Chief is extremely important because it aligns with his salary.
He shared that the Salary Commission indicated that if a department head
is unable to reach a 3 -point rating from a scale of 1 -5, then they should
not receive a pay increase because of poor performance. However, that's
a legal question for the county attorney to determine whether or not the
Salary Commission has that type of influence.
Chair -elect Nizo stated that it should be up to the Commission to
evaluate the Chief and no one else; no one should have a say in it.
Administrator Furfaro stated that regardless of how a department head is
evaluated, when those reviews come in, he interprets them as being the
reviews by the Commission and no one else.
Chair -elect Nizo asked the Deputy County Attorney Tumbaga if she
could monitor the situation and if possible, provide the Commission with
an update when the information becomes available. He stated that it's
important for the Commissioners to know just how much influence (if
any) the Mayor will have relative to the Chief's performance evaluation.
Deputy County Attorney Tumbaga asked the Chair if he could refrain
from asking questions until the Commission enters into executive
session.
Kauai Fire Commission
Regular Open Session Meeting Minutes
June 6, 2016 Page 5
SUBJECT
DISCUSSION
ACTION
Fire Chief Westerman stated that there seems to be some confusion about
the evaluation process and suggested that the Commissioners invite the
HR Director to the next the meeting to clarify the process. Administrator
Furfaro stated that he would like to address the issue in executive session
as to the role of the Fire Commission.
Chair -elect Nizo asked Staff if she could send an invitation to Ms.
Rapozo to attend the next meeting to provide an update on the new
proposed evaluation process for the appointees. Staff acknowledged the
Chair's request and will make the necessary arrangements.
With no further discussion, Chair -elect Nizo moved onto the next agenda
item.
KFC 2016 -02
Discussion and decision - making on sending two Commissioners to
attend the 2016 International Association of Fire Chiefs Annual
Conference & Expo from August 17 through 20, 2016 at the Henry B.
Gonzalez Convention Center in San Antonio, Texas.
Commissioner Brown stated that it would be advantageous for the all the
Commissioners to attend the conference so they can learn about the
operational aspect of what the Fire Department does.
Chief Westerman stated that the Commissioners needs to make a
decision today on who they want to send to the conference. Ms.
Domingcil pointed out that the rooms are selling out fast and if the hotel
doesn't get their names right away, there may be no rooms available at
the hotel the Chief plans to stay at, which is in the western division.
Commissioners Pacheco and Yokoi stated that they are both interested in
attending the conference, but they would have to check their schedules
first before making a commitment.
Kauai Fire Commission
Regular Open Session Meeting Minutes
June 6, 2016 Page 6
SUBJECT
DISCUSSION
ACTION
Chair -elect Nizo stated that whoever wants to attend the conference
should contact Mercedes by 10 a.m. tomorrow morning, or sooner, if
possible. He added that if Commissioners Pacheco and Yokoi are unable
to attend the conference due to their schedules, he is available and can
attend. Commissioner Miranda stated that he's also available and would
like to attend the conference as well.
Announcements
Next meeting — Wednesday, July 6, 2016, at 2:00 p.m. at the Mo'ikeha
Building, Meeting Room 2A /2B.
Executive
At 2:52 p.m. Chair -elect Nizo cited the Hawaii Revised Statutes to bring
Session
the meeting into Executive Session.
ES KFC 2016 -01
Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a ) (2) and (4),
the purpose of this Executive Session is to review, discuss and decision -
making on the Fire Chief's Evaluation Results for angry Adjustment
effective July 1, 2016 and to consult with its attorney on issues pertaining to
the Commission's powers, duties, privileges, immunities, and/or liabilities
as it may relate to this agenda item.
• Attachment — Copy of Fire Chief Robert Westerman's 2016
Commissioner Brown moved to enter into
Performance Evaluation Results.
Executive Session. Commissioner Miranda
seconded the motion. The motion carried 5:0.
Chair -elect Nizo called for a motion to enter into Executive Session.
At 2:53 p.m. the Commission entered into
Executive Session.
Return to Open
At 3:20 p.m. the Commission returned back into Open Session.
Commissioner Brown moved to ratify the
Session to Ratify
actions taken in Executive Session. Vice Chair
the actions taken
Chair -elect Nizo called for a motion to ratify the actions taken in Executive
Yokoi seconded the motion. The motion
in Executive
Session.
carried 5:0
Session
Kauai Fire Commission
Regular Open Session Meeting Minutes
June 6, 2016 Page 7
SUBJECT
DISCUSSION
ACTION
ES KFC 2016 -01: Motion carried 5:0 to
implement a pay adjustment for Fire Chief
Westerman at the maximum allowable cap of
$127,313, effective July 1, 2016, as set by the
Salary Commission in Resolution 2016 -02.
Adjournment
Chair -elect Nizo called for a motion to adjourn the meeting.
Commissioner Pacheco moved to adjourn the
meeting. Vice Chair Yokoi seconded the
motion. The motion carried 5:0
At 3:21 p.m. the meeting adjourned.
Submitted by: Reviewed and Approved by:
Mercedes Omo, Staff Support Clerk Thomas Nizo, Chair
() Approved as circulated on
(X) Approved as amended. See minutes of September 7, 2016 meeting.