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COUNTY OF KAUAI
Minutes of Regular Meeting
OPEN SESSION
Board/Commission Kaua‘i Fire Commission Meeting Date February 3, 2020
Location Mo`ikeha Building – Meeting Room 2A/B Start of Meeting: 2:01 p.m. End of Meeting: 4:03 p.m.
Present Chair Alfredo Garces Jr.; Vice Chair Jen Chahanovich; Commissioners: Linda Kaauwai-Iwamoto, Alfred Levinthol, Michael
Martinez, Chad Pacheco and Thomas Nizo. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo;
Administrator Ellen Ching; Office of the County Attorney: First Deputy County Attorney Nicholas R. Courson; Fire Department:
Acting Fire Chief Robert Westerman;
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Roll call commenced to
bring the Regular Fire
Commission meeting to
order with all seven (7)
members present to
conduct business.
Public
Testimony
None.
Chair’s
Announcement
Next Monthly Meeting – 2 p.m. on Monday, April 6, 2020 at the Mō’ikeha Building in Meeting
Room 2A/2B. Executive Session to follow.
Approval of
Meeting Minutes
Chair Garces called for a motion to approve or amend the minutes of January 6, 2020 meeting. Mr. Nizo moved to
approve the minutes as
submitted. Mr. Martinez
seconded the motion.
The motion carried 7:0.
KFC Regular Open Session
Meeting Minutes of February 3, 2020 Page 2
SUBJECT DISCUSSION ACTION
January
Employee of the
Month Fiscal
Officer
Kathy Tanita
February
Employe of the
Month Ocean
Safety Officer
Eric Pereza
Fiscal Officer Kathy Tanita was recognized for her outstanding work and for her efficiency in
overseeing the Fire Department’s funds to ensure that all the checks and balances are in order and
for exhibiting such a pleasant and helpful attitude while working with the different bureaus. As a
token of appreciation, Acting Fire Chief Westerman presented Ms. Tanita with a certificate of
outstanding and exemplary service. Chair Garces and the Commissioners congratulated Ms. Tanita
for her outstanding work and contribution to keep the Kaua‘i Fire Department running fiscally on
track.
Mr. Courson informed Chair Garces that a motion needed to be made to amend the agenda to
recognize February’s employee of the month Ocean Safety Officer Eric Pereza. Chair Garces called
for the motion.
Ocean Safety Officer/Junior Lifeguard Instructor Eric Pereza was recognized for his numerous risky
ocean rescues and for his unwavering commitment as a mentor to the youth in the community. He
was deemed by his fellow co-workers a valuable member of the Kaua‘i Fire Department and the
Ocean Safety Bureau. Chair Garces and the Commissioners expressed their appreciation for Mr.
Pereza for his dedication and commitment in keeping the community safe and for his mentorship to
the youth in the community. As a token of appreciation, Acting Fire Chief Westerman presented
Mr. Pereza with a certificate of outstanding service and exemplary service.
At 2:15 p.m. Chair Garces called for a five (5) minute recess.
At 2:20 p.m. Chair Garces called the meeting back to order.
Mr. Nizo moved to
amend the agenda as
indicated by Chair
Garces. Ms. Chahanovich
seconded the motion. The
motion carried 7:0.
Monthly Reports
as of December
31, 2019
1. Chief’s Activities & Events
2. Bureau Reports
3. Fiscal Report
4. Daily Flight Hours and Alarm Data
5. Strategic Initiative Plan
6. Letters of Commendations
7. Chief’s announcements and other pertinent updates
KFC Regular Open Session
Meeting Minutes of February 3, 2020 Page 3
SUBJECT DISCUSSION ACTION
Acting Fire Chief Westerman briefed the Commission on the data reflected in his Monthly
Reports including the Department’s Strategic/Initiatives, then answered questions. Mr. Martinez
questioned the Administration’s use of overtime to which Acting Fire Chief Westerman
explained that the overtime expenditures is a direct result of the battalion chiefs and the assistant
chief having to provide support out of their normal work hours because of the vacancies in the
fire chief and the deputy fire chief positions. He noted that once those positions are stabilized
things should return to normal. Lastly, Acting Fire Chief Westerman announced that he’ll be
going on a planned vacation to Thailand from March 5 through April 19, 2020 and during his
absence Battalion Chief Solomon Kanoho will be assigned as the Acting Fire Chief. With no
further questions, Chair Garces called for a motion to receive the Monthly Reports.
Mr. Levinthol moved to
receive the Monthly
Reports as submitted.
Mr. Nizo seconded and
the motion carried 7:0.
BUSINESS
KFC 2020-1
Discussion and decision-making on interview questions recommended by Permitted Interaction
Group No. 4.
Chair Garces called for a motion to adopt the interview questions as recommended by Permitted
Interaction Group No. 4 at the Commission’s meeting on January 27, 2020.
Ms. Iwamoto moved to
adopt the interview
questions recommended
by Permitted Interaction
Group No. 4. Mr. Nizo
seconded and the motion
carried 7:0.
KFC 2020-5 Update on the audit that is being conducted on the Kaua‘i Fire Department to address overtime use.
Acting Fire Chief Westerman reported that the Department has been cooperating with the Auditor’s
by providing them with information and documents that were readily available. As for the bulk of
the information it is in digital form so the Department had to seek help from the IT Department and
have them gather the information, but as far as where the audit is at this point, he does not know.
Mr. Nizo asked if the Commissioners are allowed to provide input regarding the audit to which
Mr. Courson replied not depicted, and noted that the results of the audit will be presented to the
Administration and the County Council once it becomes available. He reminded the
Commissioners that the Fire Commission cannot interfere with the administrative functions of the
Fire Department with the exception of the Fire Chief.
With no further questions, Chair Garces moved on to item KFC 2020-6.
KFC Regular Open Session
Meeting Minutes of February 3, 2020 Page 4
SUBJECT DISCUSSION ACTION
KFC 2020-6 Discussion and decision-making on rescinding a motion that was previously adopted by the Fire
Commission to provide Interim Fire Chief Robert Westerman with vehicle allowance.
Ms. Ching informed the Commissioners that a matter was brought to her attention that the Fire
Commission does not have the authority to provide Acting Fire Chief Westerman with vehicle
allowance, because only the Salary Commission has the authority. Mr. Courson explained that
unlike the fire fighters, police officers under SHOPO collective bargaining unit have subsidized
vehicle allowances and because of that the Salary Commission felt that it was appropriate for the
Police Chief and the Deputy Chief to receive the same subsidized vehicle allowance as their
bargaining unit employees. However, the same does not apply to the Fire Chief. Chair Garces
thanked Mr. Courson and Ms. Ching for the clarification, then called for a motion to rescind the
original motion as noted on the agenda. After the vote was made, Chair Garces called on Mayor
Kawakami to address the Commission on item ES KFC 2018-002.
Ms. Chahanovich moved
to rescind the motion that
was previously adopted
by the Commission to
provide Acting Fire Chief
Robert Westerman with a
set vehicle allowance for
the use of his personal
vehicle for business.
Mr. Martinez seconded
the motion. The motion
carried 7:0.
Testimony on
Item ES KFC
2018-002
Mayor Kawakami thanked the Commission for the opportunity to be able to share his thoughts and
vision on the direction the Commission is going in the hiring process. He stated that rather than
address the Commission in closed session about the hiring process, he felt that it would appropriate
to address the hiring process in open session because nothing he was going to attest to would rise to
the level of confidentiality. He stated that he strongly respects the Commission’s hiring process and
commends the Commissioners for all of their hard work they’ve done in the past and are
continuing to do. He pointed out that the hiring process is very daunting and often brings in
large volumes of applications and finding the right candidate can be difficult and lengthy for both
candidates and the Commission. But at the end of the day, he assured the Commissioners that he
has confidence in them that they will select the right candidate to lead the Kaua‘i Fire Department
and who is going to serve Kaua‘i and her people to the best of his or her ability.
Chair Garces thanked Mayor Kawakami for taking the time out of his busy schedule to come to the
meeting. He called on Ms. Ching to cite the Hawai‘i Revised Statutes to take the meeting into
Executive Session.
EXECUTIVE
SESSION
KFC 2018-002
Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2) and (4), the purpose of
this Executive Session is for the Commission to discuss the hiring of a new Fire Chief
and other related matters where consideration of matters affecting privacy will be
involved, and to consult with its attorney on questions and issues pertaining to the
At 3:15 p.m. Boards and
Commissions
Administrator Ellen
Ching cited the Hawai‘i
Revised Statutes to take
KFC Regular Open Session
Meeting Minutes of February 3, 2020 Page 5
SUBJECT DISCUSSION ACTION
Commission’s powers, duties, privileges, immunities and liabilities as they may relate to
this item. (On-going)
the meeting into
Executive Session.
ES
KFC 2020-003
Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2) and (4), the purpose of this
Executive Session is for the Commission to consult with its attorney on questions and issues
pertaining to the Commission’s powers, duties, privileges, immunities and liabilities as they may
relate to interview questions that was presented by the Permitted Interaction Group No. 4.
ES
KFC 2020-004
Pursuant to Hawai‘i Revised Statutes §92-4, §92-5 (a) (4), §92-9 (a) (1-4) and (b), the purpose of
this Executive Session is for the Commission to approve or amend the Executive Session minutes of
December 12, 2019 and January 6, 2020 to consult with its attorney on issues pertaining to the
Commission’s powers, privileges, immunities, and or liabilities as they
may relate to these items.
Chair Garces called for a motion to enter into Executive Session.
Mr. Martinez moved to
enter into Executive
Session. Mr. Nizo
seconded the motion and
carried 7:0. At 3:16 p.m.
the Commission entered
into Executive Session.
Return to Open
Session to Ratify
the actions taken
in Executive
Session
At 4:00 p.m. the Commissioners reconvened in Open Session. Mr. Nizo moved to ratify
the actions taken in
Executive Session.
Mr. Pacheco seconded the
motion. The motion
carried 7:0.
ES KFC 2018-002:
Testimony was received
by Hawai‘i Firefighters’
Association Union Rep.
District of Kaua‘i Brian
Doo.
ES KFC 2020-003:
A motion carried 7:0 to
adopt the
recommendations of the
Permitted Interaction
Group No. 4 on a list of
KFC Regular Open Session
Meeting Minutes of February 3, 2020 Page 6
SUBJECT DISCUSSION ACTION
interview questions for
the face-to-face
interviews.
ES KFC 2020-004:
A motion carried 7:0 to
approve the Executive
Session Meeting Minutes
of December 12, 2019
and January 6, 2020 as
circulated.
Adjournment With no further business to conduct, Chair Garces called for a motion to adjourn the meeting. Mr. Martinez moved to
adjourn the meeting. Mr.
Pacheco seconded the
motion. The motion
carried 7:0. At 4:03 p.m.
the meeting adjourned.
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Mercedes Omo, Staff Support Clerk Alfredo Garces Jr., Chair
( x) Approved as circulated on April 6, 2020
( ) Approved as amended. See minutes of ___________ meeting.