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CHARTER AMENDMENT NO. 3
FIRE COMMISSION
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1. Article VI, Chapter 4 of the Hawaii County Charter is amended to read as follows:
"Section 6-4.1. Organization. There shall be a 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 fire department.
Section 6-4.2. 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 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 [6-4.2] 6-4.3. Fire Chief. [The fire chief shall be appointed by the mayor, confirmed by the council and may be removed by the mayor.] 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 fire chief must be allowed to respond to the statement of reasons before being removed. The fire chief shall have had a minimum of five years’ training and experience in fire control, including at least three years’ experience in a responsible administrative capacity.
Section [6-4.3] 6-4.4. Powers, Duties and Functions. [The powers, duties and functions of the fire department shall be prescribed by ordinance and shall be exercised and performed by the fire department.] 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 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 6-4.5. Fire Commission. There shall be a fire commission, which shall consist of nine members. One member shall be a resident of each council district. 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.
Section 6-4.6. 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 6-4.2 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 of the department."
Section 2. Section 13-3 of the Hawaii County Charter is amended to read as follows:
"Section 13-3. Appointments. No appointing authority shall appoint any person to any office or position which is exempt from the civil service laws until satisfied by proper investigation that the person to be appointed is fully qualified by experience and ability to perform the duties of that office or position. The mayor shall not appoint any person to the following positions unless that person has the qualifications described in this section. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity. The deputy finance director shall have had a minimum of three years of training and experience in a responsible financial position. The planning director shall have had a minimum of five years' training and experience in a responsible planning position or a degree in planning, engineering, architecture, geography, or another planning-related field and three years' experience in a responsible planning position. The managing director shall have had a minimum of five years' experience in an administrative capacity. [The fire chief shall have had a minimum of five years' training and experience in fire control, including at least three years' experience in a responsible administrative capacity.]"
Section 3. A new section 16-11 is added to the Hawaii County Charter to read as follows:
"Section 16-11. Transitional Provisions Concerning Fire Department. The amendment concerning the fire department shall take effect at noon on the first Monday in December following its approval by the voters. The fire chief serving immediately prior to the amendment taking effect shall hold over as interim fire chief until the appointment of a fire chief by the fire commission. If the fire chief's office becomes vacant before appointment of a fire chief by the fire commission, the mayor shall appoint an interim fire chief, who shall serve until the appointment of a fire chief by the fire commission."
Section 4. Charter material to be repealed is bracketed. New charter material is underscored.
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