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Home My WebLink About18-City Manager , CITY OF SAN BERNARDINO CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM FROM: Entered Into Rae. at MCC/Cpc Mtg: j kle r Mark F. Weinberg, Interirn City Ma~ger ~ ~ Agenda ~ Recommended Budget Strategy by: ~ City Clerk/C- Secretary City of San Bernardino TO: Mayor and Cornrnon Council SUBJECT: DATE: February 2, 2009 COPIES: Department Directors Over the last few weeks, as the nation's economic malaise has grown deeper, our City's own financial condition has also deteriorated. We have taken several actions thus far to constrain General Fund spending, which have included freezing most hiring, asking vendors to take a voluntary 5% reduction in contract costs, eliminating all non-mandated travel and training, and cutting supply and material purchases to the extent practical. These actions are in addition to those taken by the Mayor and Council in the summer of 2008 to address a projected shortfall of $17.3 million. The adopted FY 2008-2009 Budget withheld funding for 77 positions in the General Fund, resulting in numerous personnel layoffs and demotions. Significant reductions in facilities and public infrastructure maintenance occurred, new revenue sources were identified, and employee wage concessions were granted. Additionally, funds were transferred from the City's meager reserves to operating accounts. Still, despite this series of actions, the City's Finance Director now projects a deficit of over $9 million for the current fiscal year. This deficit is in large part due to the continued steep decline in sales tax revenues, as well as certain costs that are exceeding the original budget estimates. (Attachment A from the Finance Director provides greater detail.) Furthermore, if nothing is done to address this shortfall, the projected deficit for next year could climb to nearly $29 million. Working closely with Department Heads, Finance staff, a Budget Ad hoc Committee and others over the course of several weeks, the City Manager's team has developed a budget strategy designed to preserve core municipal services. Because of the sheer size of the looming deficit, it is absolutely essential that the Mayor and Council take swift action to enact a set of measures that will address both current and projected budget shortfalls through June 2010. Spreading the recovery remedies over two fiscal years will help reduce the number of employee layoffs that would otherwise be required to cure the problem in just four or five months. The recommendations that follow include profound budget cuts that in many cases have significant impacts on service delivery, as well as our employees. In every case, we have sought to minimize those negative impacts through creative shifts in funding sources, and by identifying both one-time and recurring new revenues. However, our strategy does involve painful choices that seem inevitable at this time, including significant numbers of layoffs detailed below. R~#/~ ~o/()1 1F11 f}./I1/cr 1 Good decision-making begins with identifying those core values by which those decisions will be measured. In developing a budget strategy that keeps the City solvent through these tough financial times, I have been guided by the fOllowing core values: Prioritization of front-line public safety Preservation of basic levels of infrastructure and public property maintenance Maintaining minimum/necessary levels of leadership and administrative support services. Reductions notwithstanding, retain as many non-core services as possible. Preserve as much of an operating reserve as practical under the circumstances. Looking longer-term, the outlook for the City's future is a positive one. Development opportunities, along with significant transportation and transit improvements, are all on the horizon. Good progress is being made toward reducing the City's high crime rate. The federal stimulus plans will bring new investments in infrastructure. A new City Manager and new Police Chief will soon bring new creativity and ideas to our organization. But to position the City to recover in the coming years, and to take advantage of these positive long-term opportunities, difficult decisions need to be made in the near term. Overview of Budaet Strateav Attachment B is our recommended budget strategy. Summary The recommended budget strategy is a balanced approach which relies on a 10% employee wage reduction through June 2010 (achieved principally through closure of City Hall each Friday), new revenues, fee increases, expenditure savings through program service reductions, the sale of at least one real estate asset, and some one-time revenues, as well as short-term borrowing from the City's General Fund reserve. This plan results in the elimination of 130 full- time jobs, including some public safety positions. Core essential services such as front line police and fire personnel are preserved, however cuts to parks, libraries and development services are substantial. Key aspects of this strategy include the following: Budaet reductions: . A 10% work week reduction is assumed for all employees, effective March 1. City Hall would be closed to the public on Fridays except for Water Department customers. Off-site operations would also see reductions in public operating hours. In public safety, as well as a limited number of other employee classifications where work week reductions are not operationally possible, employees will see a 10% reduction in net pay and accrue time into a bank for future use, The draft operational plans for this work week reduction are further detailed in Appendix 1. This results in a savings equivalent to 10% of employee salaries. At this time, discussions with labor groups are in progress, and final implementation will need to take place by mid-February in order to realize the projected savings of $2.4 million this fiscal year, and ongoing annual savings of $9.8 million. · The Library and Parks, Recreation, and Community Services Departments would have operations suspended andlor reduced at many locations. Recreation centers would be closed 2 andlor unstaffed, including Nicholson, WestsidelNew Hope, Operation Phoenix East, and Galaxy/Norton. Park maintenance will be reduced to minimum levels, and contracted out to private providers in most cases. All summer aquatics operations would be suspended, except at Jerry Lewis Swim Center which is revenue-generating. . The Animal Control Department will be scaled back significantly with the elimination of contract services for Fontana and Colton. · Executive management will be reduced, with the elimination of the Animal Control Director, Code Enforcement Director, Information Technology Director, and Facilities Management Director. Those departments will be consolidated with other operations, with existing management staff assuming additional responsibilities. . Personnel cuts are proposed across most line operating departments, including most notably in Development Services, where 17 positions would be cut in addition to the 14 eliminated in the last budget cycle. You will note that further reductions are not recommended in certain small administrative departments, including the Finance, Civil Service, and Human Resources departments, as well as City Manager's Office. It is apparent to me that these departments could not continue to function at reasonable levels if personnel were reduced further; this is confirmed in both the 2007 Organizational Review, and also in the historical review of their staffing levels (see Appendix 2). For that reason, no further reductions are proposed in these departments. · Even with the very significant reductions in services noted above, some reductions in sworn personnel in Police and Fire are necessary to achieve a balanced budget. Front-line public safety response service must still remain our first priority. But given that Police and Fire operations now comprise 70% of the General Fund budget, it is inevitable that these departments must contribute toward the reducing the deficit. In the Police Department, it is proposed that we eliminate 29 sworn and 7 non-sworn positions, . including the 6 new officer positions that were scheduled to be added this year to complete the Police Department's hiring plan. These reductions are in addition to another 3 Sergeants and 3 Police Officer vacancies that were unfunded during the FY 08/09 budget process. The Police Department will be able to sustain this reduction in personnel and still preserve its 28 beat Patrol policing model. However, the reduction in personnel will have a significant impact on proactive specialized and support units and the roles they play in crime suppression and reduction. The department is working on a detailed implementation plan that will be completed once the Mayor and Council action is taken to approve the reductions. In the fire department, 10 sworn positions would be eliminated by reducing staffing levels from 4-person to 3-person levels at three fire stations. In total, personnel reductions and other cuts are estimated to provide nearly $2 million in savings this fiscal year, and nearly $13.3 million in FY 09/10. A total of 130 full-time positions would be eliminated. Revenue Measures and Use of Reserves: New revenues are proposed through a wide variety of fee increases, new fees, sale of sewer credits to the Water Department, and a proposal to open a City-operated tow yard. Some of these revenues are one-time measures, while others will provide ongoing funding. In total, the 3 ongoing revenues would provide approximately $1.7 million in additional revenue annually. See Appendix 3 for detail regarding miscellaneous fee increases. Additionally, it is recommended that the Mayor and Council revisit several tax measures that were discussed in 2008, including an increase in the transient lodging tax (TL T), a new quarry tax, and new warehouse tax. Other ballot measures which might be prudent to contemplate include a lighting district and paramedic parcel tax. These tax measures would require voter approval, so their associated revenue has not been included in the FY 09/10 strategy. Longer term, however, these would provide new revenues to the General Fund. Significant use of General Fund reserves is needed to close the current year budget gap. As of this writing, the total estimated General Fund reserve totals $8.6 million, which equals roughly a 6% reserve. Because of the short time left in the fiscal year, and the time involved in implementing layoffs, we have assumed it may be necessary to use as much as $3.7 million of general fund reserves, $605,300 in Measure Z reserves, and $123,100 in tow fee set aside reserves in order to close the current year gap. The reserve is then replenished by the end of FY 09/10, as the full impacts of the shortened work week, expenditure reductions, and revenues are realized. In preparing this recommendation, each Department has formulated a set of budget scenarios that range from best to worst case. The complete set of proposals thflt were considered, as well as additional narrative regarding the impacts of the recommendations, is included in Appendix 3. While these narratives include a wide variety of pOSSible options, only those items listed on Attachment B are recommended for consideration by the Mayor and Council. Attachment C is the alternative strategy, assuming that a 10% work week reduction is not realized. Timing is key to avoiding deeper service cuts and layoffs in the future. If the 10% work week reduction is not implemented over the coming weeks, this altemative strategy would be required. In addition to the measures included in the recommended strategy, it includes the following: . Significant cuts in Police department sworn personnel. The Police Department is developing a plan that would seek to preserve front-line patrol services; most of the sworn reduction would be made through the elimination or further reduction of special details and task force assignments. . Significant cuts in Fire sworn personnel, including removing the fourth person from most of the nine (9) engine companies that are currently staffed with four firefighters · Additional layoffs in Parks, Recreation, and Community Services and Public Services departments. . It is assumed that $3 million in budget savings will be achieved through upcoming negotiations with labor groups, all of whom have labor agreements that are expiring in 2009. . Even with those actions, use of $6.4 million in reserves would be required to close the gap, bringing the reserve to dangerously-low levels. Next Steps 4 It is important to note that with each passing day that action is not taken, the deficit grows. For this reason, the recommended strategy urges swift action, with the goal of ultimately minimizing the required reductions. Simply stated, if action is delayed, more cuts will be required. Today, it is recommended that the Mayor and Council discuss the recommended strategy, ask questions of the City Manager and staff, and hear input from stakeholders. We are not asking for your final approval today, but are requesting the following actions that will set the stage for final action in the coming weeks: 1. Authorize the City Manager to proceed changing work schedules as needed to implement the reduced work week and commensurate Friday closure of City Hall effective beginning on Friday, March 6. Human Resources will then initiate the meet and confer process with our labor groups regarding the impacts of this management decision, and a staff report will come to the Mayor and Council on February 17 to take the final action necessary to implement this change. 2. Authorize the City Manager and Department Directors to proceed with issuing layoff and bumping notices. Civil Service rules require a minimum of 30 day notice, so by starting that clock as soon as possible, the maximum amount of savings can be realized. Working with Civil Service, all employees potentially impacted through layoff andlor bumping would receive their notice, which will include a large number of employees. The Human Resources Department will concurrently initiate the meet-and-confer process regarding the impacts of layoffs, and on the proposals to contract out bargaining unit work. At a later date, layofflbumping notices can be retracted if circumstances change. However, starting the 30-day clock helps minimize the timing issues that may ultimately necessitate additional layoffs. Ultimately, it is strongly recommended that the Mayor and Council take final action on these budget recommendations, and especially the reductions in the work force, at the February 17 Council meeting. I look forward to a productive discussion with you today, and over the coming weeks, as we position the City for a secure financial future. 5 ff I g 'L/'L/iJ I 2 3 . Bud2et Actions for FY 08/09: FY 08-09 Preliminary Budget Deficit $ (17,362,900) Cut 77 full time positions $ 8,238,900 Reduced materials and contract services $ 2,514,600 New revenues and use of other funds used $ 4,471,600 Reserves $ 2,137,800 Total Budget Balancing Measures: $ 17,362,900 4 ~ Sales Tax Revenue in Free Fall 54U,OOO,OOO M,'$3M :&4.1011.841 " '" S.IS,OOO,OOO lun>o~ :IO.~,OllO 5)0,000,000 n.l02.Ul 1'$~2_ 525,000,000 22,433.1" 520,000,000 ",.., Act....l Act...l kl"'" AcI~.l "~I "~I AcI~ll Act..1 ",.., IkadJoIed Ile-.'ilod 19'1w.lm 1999.2000 2000-2001 2001.2002 2002-2ool 200l-2(l().( 2004.2005 2005-2006 2006-2001 2007_200M 2008_2009 E.stimll. 2008-2009 5 General Fund Projections for FY 08/09 & FY 09/10 APPROVED REVISED VARIANCE PROJECTED BUDGET ESTIMATE (APPROVED & ESTIMATE DESCRIPTION FY 08-09 FYOS-09 REVISED) FYOQ.10 Estimated Revenues $ 135,866.600 $ 127,382,800 $ (8,483,800) $ 125,034,000 Transfers In $ 12,444,900 $ 10,888,200 $ (1,556,700) $ 10,463,200 Total Available $ 148,311,500 $ 138,271,000 $(10,040,500) $ 135,497,200 Estimated Expenditures $ 148,342,700 $ 145,853,000 $ 2,489,700 $ 152,304,200 Vacancy Savings $ (1,300,000) $ $ (1.300,000) $ (1,300,000) Transfers Out $ 5,081,600 $ 5,256,000 $ (174,400) $ 4,291,600 Total Expenses $ 152,124,300 $ 151,109,000 $ 1,015,300 $ 155,296,000 Excess/ (Deficiency) of Available over Deduction $ 13.812,800) $ (12,838,000) S (9,025,200) $ (19.798.800) Estimated Beginning Balance $ 12,497,700 $ 12,497,700 0 $ 19,025,200) Estimated Ending Balance $ 8,684,900 $ (340,300) S (9,025.200) S (28.824.000) Budgeted Reserve Reserve for PERS Safety Costs $ $ - $ - Reserve for Fire Main!. Facilities $ 630,000 $ 630,000 $ 630,000 Reserve for Measure Z-Dist Tax $ 605,300 $ 605,300 $ 605,300 Reserve for Tow Fee Set Aside $ 123,100 $ 123,100 $ 123,100 Reserve for DS Technology Fee $ 96.900 $ 96,900 $ 96,900 General Budget Reserve $ 7,229,600 $ 7,229,600 $ 7,229,600 Total Budget Reserve $ 8,684,900 $ 8,684,900 $ - $ 8,684,900 6 .. General Fund Expenditures By Category "'" 7$'Y. 71OY. "'" "'" .'" "'" "'" ''''' "" 1i1ll9 98.99 08109 C Pel101\11 Setvi:es. O"..-.m..., M&O. IntmLIl &r~e, COIllrlCl ServEes aDd Trlll5fer Oul [J EquipmeDt.ed Clpiallmp-ovemm: C Debt ~e Percentage of General Fund Expenditures by Department ". ". " ."" '" ''''' '" ''''' '" ''''' " "" J>oliceDrpanmo:n1 Fire 0qII11mn11 Parb,Re(lnd SlreC1S CommSvcs 11%1 ,,, facilKin Pb.nninJ,BuiIdKlI. OIhn Mlnagemenl IndEn'llI=s1' Is 88/89 .98/99 008/091 Draft - 2/2/09 7 Net Operating Costs for City Departments 4';' 8% a Pabll( s.r~ty Dtpartmem. (Poilu. flre, Aolm.l Cootrol) . UM Optnllni Drl"'rlmnh (Partu &c Rtf, Cod" Dn.lopmull Srn'ku, Llbnl)'," Public SrnlttllStrul.1 o Elnl.d Offiul (M.)'or.Coull(l~ Clly C1trll. Oty Tf?lIul'tr,Clfy "UOIMY) OSupporl Orplrlm..l. (City MUIgn, fiR, F1nnn, (hU 5rrvk.. ....bllc Suvknlflut, IT) 8 I FY OS-09 Net Additional Total % of FY07108 Positions Proposed Worllforce Reduced Department Positions Reduced Reductions Total I Added Animal Control 25 2 8 10 .40% City Attorney. 19.5 '. 0 .1 5% City Clerk 17 1 1 2 -12% City Manager 6 1 0 1 -17% City Treasurer 3 0 0 0 0% Civil Service 3 0 0 0 0% Code Compliance 45 2 4 6 -13% Common Council 11 1 0 . ,9% Dev.Servlces 81 .4 17 31 -38% Facllttles Mgt 32 10 1 11 ,34% Finance 18 2 0 2 -11% FI.. 209 3 11 " .7% HR 4,5 0 0 0 0% IT 21 0 5 5 -24% Library 33 6 8 " .42% Mayor 8 1 . 2 -25% Parks and Rec 61 1 36 3T -61% Police 527 27 36 63 -12% Public Services. 45.85 17 2 19 .41% ropose enera un ta m9 e ucttons TOT AtS 87 130 217 . Note that an additional position was authorized for t/Je City Attorney's office in September 2008. bringing the total offICe staffing to 20.5. Public Services counts exdude new graffiti and abatement positions. .1 9 . . .Updated 1/30109 DESCRIPTION Estimated Revenues Transfers In Total Available Estimated Expenditures Vacancy Savings Transfers Out Total Expenses Excess/(Deficiency) of Available over Deduction Estimated Beginning Balance Estimated Ending Balance Budgeted Reserve Reserve for PERS Safety Cos Reserve for Fire Maint. Facilities Reserve for Measure Z-Oist Tax Reserve for Tow Fee Set Aside Reserve for OS Technology Fee General Budget Reserve Total Budget Reserve Budget Excess/(Deficiency) Attachrnent A DRAFT CITY OF SAN BERNARDINO PROJECTED GENERAL FUND BALANCE FISCAL YEARS 2008-2009 AND 2009-2010 APPROVED REVISED VARIANCE BUDGET ESTIMATE BUD/EST FY 2008-2009 FY 2008-2009 FY 2008-2009 $135,866,600 $127,382,800 $ (8,483,800) $ 12,444,900 $ 10,888,200 $ (1.556,700) $148,311,500 $138,271,000 $ (10,040,500) $148,342,700 $145,853,000 $ 2,489,700 (1,300,000) - (1,300,000) 5,081,600 5.256,000 (174,400) $152,124,300 $151,109,000 $ 1,015,300 $ (3,812,800) $ (12,838,000) $ (9,025,200) $ 12,497,700 $ 12,497,700 $ - $ 8,684,900 $ (340,300) $ (9,025,200) $ - $ - $ - $ 630,000 $ 630,000 $ - $ 605,300 $ 605,300 $ - $ 123,100 $ 123,100 $ - $ 96,900 $ 96,900 $ - $ 7,229.600 $ 7,229,600 $ - $ 8,684,900 $ 8,684,900 $ - $ - $ (9,025,200) $ (9,025,200) PROJECTED ESTIMATE FY 2009-2010 $125,034,000 $ 10,463,200 $135,497,200 $152,304,200 (1,300,000) 4,291,800 $155,296,000 $ (19,798,800) $ (9,025,200) $ (28,824,000) $ $ 630,000 $ 605,300 $ 123,100 $ 96,900 $ 7.229,600 $ 8,684,900 $ (37,508,900) . CITY OF SAN BERNARDINO GENERAL FUND PROJECTIONS FISCAL YEAR 2009 - 2010 REVENUES FY 08-09 Revised Estimated Revenue Proiections Increase Sales Tax Estimate Net chance to UUT revenue Net chance to Current Secured Pronertv Tax Decrease Sale of Property Revenue Decrease Prop Tx in Lieu Sales Tax Decrease Prop Tx in Lieu VLF Increase Motor Vehicle In Lieu Revenue Increase Hazardous Material Revenues Reduce Mutual AidlDisaster Reimb Increase Sinole Familv RentallnsD. Revenue Reduce EDA Reimb for CATV, OP/Code carrYover, Remove Shandin Hills Golf Course Revenue from EDA TOTAL TRANSFERS - IN FY 08-09 Revised Estimated TSF-IN Projections Remove San Mauel Funds for Fire DeDI. TOTAL FY 09-10 $ 127,382,800 400,000 (200,000 (200,000 (1,450,000 (300,000 (700,000 300,000 250,000 (400,000 900,000 (598,800 (350,000 - - - - $ 125,034,000 FY 09-10 $ 10,888,200 (425,000 - - - - $ 10,463,200 CITY OF SAN BERNARDINO GENERAL FUND PROJECTIONS FISCAL YEAR 2009 - 2010 EXPENDITURES TRANSFERS - OUT FY 08-09 Revised Estimated TSF-OUT Proiections Remove GF Transfer for CATV Remove Liabilitv Fund Additional TSF TOTAL FY 09-10 $ 146,530,800 60,000 2,500,000 500,000 - - (322,600 1,200,000 115,000 110,000 2,000,000 500,000 (1,000,000 (139,000 250,000 125,000 $ 152,304,200 FY 09-10 $ 5,256,000 1564,200 1400,000 - $ 4,291,800 ~ :3 ~ ~ ~ ~ ~ (/)0 CD CD =2 < _, CD lil i5' ",'0 3 CD '" (/)(/) " CD =2 ~. CD 0 '< ~ ~g' " =2 "'CD ~."< Q, -i OJ CD :J " -'" :J 1r 0;' :J cnocno ctl ro CD CD :2 ~ ~. ~ ~. 0" @ 0" (1)"0 (1)"'0 3 3 CD CD a ~ ;u CD a. " " CD .,., roO a: m :J <0 5' CD '" :J. :J <0 '" CD 54 0' :J '" Iii 31 :J <0 N '" N Co <D en '" mocnocno CD CD ctl CD CD CD =2<=2<=2< _. 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'" - ;J I> IC '< z o - o .... :E o ~ ... :E ili ... iil c. c: o - 0' ::l )> = II> o ::T 3 '" " - () Appendix 1 Work Week Reduction Operational Plan In order to accomplish the proposed work reduction, departments were asked to submit operational plans. Below is an outline of how departments will accomplish the goal of the reduced working hours: All City Hall Departments (Not Water) With the exception of the Water Department, City Hall will be closed to the public every Friday. Although some departments may opt to have employees work on Friday and reduce their hours on other days of the week, City Hall will be closed to the public except for Water Department customers. The logistics of serving water department customers are currently being worked out with the Facilities Management Department and the Water Department. Facilities: In order to provide parking enforcement and custodial services on Fridays, Facilities Management is proposing to have employees work alternating Fridays and reduce their hours on other days of the week. IT: In order to continue with support of the Water Department, the hours of one IT Technician and one IT Analyst will have to be adjusted. IT staff who support Public Safety will not work on Fridays. However, one staff member is always on call (2417) to handle major emergencies. Animal Control Animal Control is proposing to reduce the number of days the animal shelter is open to the public. The shelter is currently open 6 days per week Monday through Saturday. In order to reduce the work hours of employees, the shelter would close on Mondays and be open to the public Tuesday through Saturday. The department believes that this plan would have the least impact on the public. Additionally, some of the field activities would have to be reduced. Code Enforcement Code Enforcement will mirror City Hall's closure and employees will be off on Fridays. Development Services/Field Services Development SerVices is proposing to re-assign one building inspector and one public works inspector to work on Friday and take another day off (to be determined) during the week. The department will monitor the workload and change the days as necessary. Fire Department The administrative office will close every Friday. Fire Prevention staff will adjust their days off so they can continue to do inspections 5 days per week. Librarv The Library Board is ready to act quickly to develop a reduced library schedule once the 2/2/2009 Page I Appendix 1 10% work week reduction is approved. Library staff has calculated some figures on circulation and library usage and it appears that Fridays consistently have much lower usage than Mondays. The board will take this information into consideration when making their decision. Parks, Recreation, and Community Services Department Administrative Services/Main Office: The main office will close every Friday and staff will work 36 hours Monday - Thursday. Construction/Maintenance: The regular construction crew will work Monday - Thursday and be off on Fridays. The weekend construction/maintenance crew will work from Friday through Monday. Landscape Maintenance: Staff will work Monday - Thursday and be off on Fridays. Recreation: Full time staff will reduce their work week to 36 hours (Fridays off) and 'l' time staff will reduce their work week to 27 hours (varying days off). Community/O? Centers: All centers will reduce their operation to four days per week Monday through Thursday (from five days) and by 3 hours per day. Human Services: In order to keep the senior centers and to be able to serve the special needs population, the department does not recommend a Friday closure. Instead, management will work a 36 hour work week by taking either Monday or Friday off This will allow continuity in management for oversight, eliminating the need for immediate Friday closures. Soccer Complex: Because the complex provides the most significant revenue to the City Friday - Sunday, the office will close and staff will be off on Mondays. Cemetery Operations: The cemetery office will close on Friday and the one administrative staff assigned to that office will work a 36 hr work week Monday - Thursday. Public Services It is being proposed that in order to continue refuse collection services five days per week, the following positions will be exempt from the 36 hour work week, but will still be subject to a 10% pay cut in exchange for additional hours ofleave time: Senior Integrated Waste Operator Integrated Waste Operator Equipment Mechanic I Equipment Mechanic II 2/2/2009 Page 2 Appendix 1 All other Public Service Department Employees will work a reduced 36 hr work week and the Administrative Office will be closed on Fridays along with the rest of the City Hall Departments. Police Department Administration - Administration is staffed with four non-sworn employees: (1) Executive Assistant to Director and (3) Executive Assistants. Currently all employees work a 9/80 schedule. Employees will convert to a 4/9 schedule. Police Dispatch - The Dispatch Center is staffed with (32) non-sworn employees: (1) Communications Manager, (4) Dispatch Supervisors and (27) Dispatcherl/II's, working a 4/10 schedule, with 11 staggered shifts daily to provide staffing that mirrors calls for service. Staffin~ levels need to be maintained to implement Split-Frequency operations on January 12 and to continue handling time sensitive evening Teletype entries. Therefore, dispatch will be exempt from the 36 hour work week, but still take a 10% reduction (instead they will accrue a bank of hours). Personnel & Training Unit - Personnel & Training is staffed with six non-sworn employees: (I) P&T Manager, (2) Background Investigators, (1) Training Coordinator and (2) Personnel & Training Technicians. Currently the manager and one Personnel & Training Technician work a 9/80 schedule while the remainder of the unit works a 4/1 0 schedule. Office hours are 0700 to 1730 hours M-F. Financial Unit - The Financial Unit is staffed with four non-sworn employees: (1) Administrative Analyst II, (1) Senior Administrative Assistant, and (2) Senior Office Assistants. Currently all employees work a 9/80 schedule. Office hours are 0730 to 1730 M-F. With the exception of the Senior Administrative Assistant assigned to Payroll, employees will convert to a 4/9 schedule working 0700 to 1730 each workday. The Payroll Clerk will be precluded from having an extra day off every two weeks because of the varying deadlines for submitting payroll. He/she will work a 4/8 schedule with every other Friday off. The office will close every Friday resulting in one less business day for employees to order needed budget items and handle payroll concerns. Records Bureau - The Records Bureau is staffed with (36) non-sworn employees: (1) Records Manager, (4) Records Supervisors, (26) Records Technician I/II, (4) Police Transcribers and (1) Senior Office Assistant. Currently all employees work a 9/80 schedule on Shift I - 0660 to 1530, Shift 2 - 0800 to 1730, or Shift 3 - 1700 to 0230. Employees will convert to a 4/9 schedule working either on Shift I - 0600 to 1530 or Shift 2 - 0930 - 1900. Public counter hours will not change. Patrol Community Service Officers - There are currently (2) Community Service Officer II's and (3) Community Service Officer I's assigned to Patrol as report call responders. They work on a 4/1 0 schedule either Shift I - 0700 to 1700 or Shift 2 - 1130 to 2130. 2/212009 Page 3 Appendix 1 Employees will convert to a 4/9 schedule working either on Shift 1 - 0700 to 1600 or Shift 2 - 1130 to 2030, resulting in one less hour daily to respond to non-emergency calls for service. Traffic Unit - Traffic is staffed with four non-sworn employees: (1) Community Services Supervisor, (1) Community Service Officer II, (2) Senior Office Assistants. Currently the supervisor and Community Service Officer II work a 4/1 0 schedule while the (2) Senior Office Assistants work a 9/80 schedule. This configuration provides M-F office coverage with the traffic window open 0830 to 1600. All four employees will convert to a 4/9 schedule working 0700 to 1700 M-F. Traffic window hours will be 0800 to 1000 and 1300 to 1500, reducing the number of hours that the public can obtain releases for impounded vehicles or inquire on traffic accidents. On Mondays and Fridays only one Senior Office Assistant will be working to provide traffic window assistance. Some of these service issues could be mitigated through the use of citizen volunteers or Reserve Police Officers if they are available and the purchase of a customer numbering system to insure the public is assisted in a timely manner. Complaint Desk - The Complaint Desk is staffed with (14) non-sworn employees: (I) Community Service Officer Supervisor and (13) Community Service Officer I's, working a 4/10 schedule: Shift I - 0600 to 1600, Shift 2 - 1000 to 2000, Shift 3 - 1400 to 2400 or Shift 4 - 2000 to 0600. They service the walk-in public from 0700 to 1900 and take telephone reports of selected "cold" crimes 24 hours a day. Employees will convert to a 4/9 schedule with additional Community Service Officers assigned to Shifts 1-3 to fill in to cover staffing losses and cover service reductions by the Traffic Unit. This will result in the moving up Shift 4 hours or eliminating Shift 4 staffing, reducing early morning support to the Watch Commander and requiring graveyard Patrol Officers to respond to and take reports on "cold" crimes currently handled by telephone. This impact could be mitigated by the purchase of a call answering machine with a recorded message to call 9-1-1 for emergencies or call back after 0600 to make non-emergency reports. Shift schedule options are as follows: Shift . Option 1 Option 2 Shift ] 0600 - 1500 0600 - 1500 Shift 2 1100 - 2000 1100 - 2000 Shift 3 1600-0100 1600 - 0100 Shift 4 1930 - 0430 2/2/2009 Page 4 I Appendix 1 District Command Offices - The District Command offices are staffed with (4) Community Service Officer II's and (I) Community Service Officer I's working a 4/1 0 schedule with office hours of 0700 to 1700. Employees will work a 4/9 schedule from 0700 to 1600. A Community Service Officer II will need to relieve the CSO I each week on his/her off Monday or Friday. Vice & Narcotics - There are four non-sworn employees assigned to Vice & Narcotics: (I) Asset Seizure Specialist, (2) Community Service Officer II, (I) Community Service Officer I. Currently the Asset Seizure Specialist works a 5/8 schedule and the remaining employees work a 4/10 schedule. Employees will convert to a 4/9 schedule working 0700 to 1600 each work day. Forensic and Property Units - The Property Unit is staffed with (4) non-sworn employees: (I) Forensics & Property Manager and (3) Property Technician 1111, each working a 9/80 schedule. The Identification Unit is staffed with (13) non-sworn employees: (1) Forensics Technician III, (I I) Forensic Technician l/Il working a 4/10 schedule: Shift I - 0700 to 1700, Shift 2 - 1600 to 0200 or Shift 3 - 2200 to 0800. The Identification Bureau provides 24/7 field response to gather evidence at crime scenes. One Forensic Technician position is vacant. Employees will convert to a 4/9 schedule working 0700 to 1600 each work day, resulting in one less hour daily to release property to the public and servicing department personnel. There will be significant impact for the Forensic Unit. Employees will convert to a 4/9 schedule: Shift I - 0700 to 1600, Shift 2 - 1000 to 1900, Shift 3 - 1600 to 0 I 00 or Shift 4 - 2200 to 0700. If staffing levels continue to fall the unit would close from 2400 to 0600 daily with employees "on call" for urgent ID calls. Detective Bureau - The Detective Bureau is staffed with (13) non-sworn employees: (1) Crime Analyst, (6) Community Service Officer II's, (4) Community Service Officer I's and (2) Crime Analyst Support Assistants, each working a 4/10 schedule. The Detective Bureau reception window is open 0700 to 1800 M-F. Employees will convert to a 4/9 schedule working 0700 to 1700 each workday resulting in the Detective Bureau reception window closing one hour earlier. Non-sworn staffing on Mondays and Fridays will be reduced, resulting in an occasional closing of the Detective Bureau reception window. 2/212009 Page 5 ---- - - Appendix 2 Staffing in Administrative Departments Citv Manager's Office The 2007 Organizational Review stated: "In the City Manager's Office staffing is below the average. While the charter amendment in 2006 changed the City's structure to a City Manager form of government. the trallSilion remains incomplete and staff has not been transferred to support new responsibilities. " . Six full time staff in 08/09, as opposed to an average of 12 in other cities · Charter change resulted in the City Manager now supervising most City Departments, which were formerly under the Mayor's supervision Civil Service The 2007 Organizational Review stated: "The City has experienced problems in the hiring process attributed to the lack of staffing in Civil Service. " . Historically small department · Primary functions include staffing the Civil Service Board, and managing the hiring, examinations and disciplinary actions of classified employees Finance The 2007 Organizational Review stated: "Staffing in the Finance Department could be considered 'lean' compared to other cities of comparable size. The primary difference can be seen in Purchasing where the City has two staff members compared to five elsewhere. " · 18 full time staff members, as compared to an average of28 in peer cities · Responsible for the central financial functions of purchasing, accounting, payroll and cash management, as well as data analysis for other administrative departments · Assuming responsibility for Fire Department FLSA compliance with no additional staff Human Resources The 2007 Organizational Review stated: "San Bernardino's Human Resources Department isfar below the peer average. 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'" General Fund Budget Reductions 2008 Preliminary Approved 2009 Additional FY 08-09 Budget % Proposed Proposed Department Budget Reductions Reductions Reductions Reductions Animal Control I 2,143,200 169,800 8% 125,089 6% City Attorney 3,055,000 400,000 13% 305,500 10% City Clerk 1,877,700 98,000 5% 58,200 3% City Manager 965,400 120,600 12% - 0% City Treasurer 208,700 - 0% - 0% Civil Service 317,200 22,400 7% - 0% Code Compliance 5,149,400 - 0% 688,687 I 13% Common Council 571,900 42,300 7% - 0% Development Services 7,402,700 1,090,400 15% 1,077,823 15% Facilities Mana!lement 4,295,500 661,700 15% 235,876 5% Finance 1,896,600 167,700 9% - 0% Fire 34,333,400 1,351,500 4% 1,391,996 I 4% Human Resources 547,700 28,000 5% - 0% Information Technology 5,293,700 322,000 6% 462,082 9% Librarv 3,380,000 384,700 11% 843,300 25% Mavor 1,176,300 123,200 10% 147,383 13% Parks and Rec 6,651,100 412,400 6% 2,068,303 31% Police 69,585,800 1,939,700 3% 5,432,107 8% Public Services 6,887,800 1,025,200 15% 437,775 6% DRAFT City Manager's Office 2/2/2009 , .. APPENDIX 4 Department Budget Reduction Narrative and Scenarios '. ANIMAL CONTROL BUDGET REDUCTION The department recommends two proposals for reducing costs to the General Fund. Option 1 - Under this proposal the department would lose one Senior Customer Service Representative/Dispatcher. The position of the Animal Control Field Supervisor would be replaced with an additional Animal Control Officer. There would be no capital improvements. Pros: Provides contract services with the cities of Fontana, Colton, Grand Terrace and Loma Linda. Reduces the amount needed from the General Fund, Cons: Overcrowding of animals and poor service delivery. Under current funding, the department is barely meeting contract demands, and the level of service to San Bernardino residents is greatly reduced, Total estimated savings: $104,851. Option 2 - With this proposal the department would eliminate the full service contract with Fontana, as well as the sheltering services for Colton and Grand Terrace. The only remaining contract would be with Loma Linda for full service. Under this option, the department would reduce staffing by 8.5, eliminating the part-time Director, Supervising Animal Control Officer, Animal License Office Supervisor, the Animal Shelter Kennel Supervisor, two Senior Customer Service Representative/Dispatcher, and three Animal Control Officers. Pros: Animal Control would be able to concentrate on providing better service to San Bernardino residents by eliminating competition for service with the other contracts. The number of animals being housed would be reduced to a more manageable level, reducing animal stress, and the spread of disease. Cons: Employee layoffs, and disrupted relationships with other cities, Total estimated savings: $125,089. Animal Control - Budget Reduction Measures Ontion 1 o tion 2 # of P ;,UD.'U' FY08/09 #of Preliminary 1 # of I Eliminate re lmmary ADMINISTRATIVE SERVICES Emn, Budnet Current Emn, FY09'10 I Em , I Contracts Director of Animal Control 1 162 202 0,5 62 400 0,5 62 400 o I - Animal Control Mananer 1 87 545 1 87 545 1 87 545 1 I 87 545 Senior Customer Service Ren/DiSn.:ttcher 5 250 888 5 250 888 4 200710 3 150533 Animal Shelter Office 5UnPrvisor 1 61023 1 61023 1 61023 ' 1 61023 Overtime 1000 1000 I 800 400 Total Staff Cornnensation 8 562 658 7.5 462856 6.5 412478 5 299 501 Total Maintenance & Oneration 52 500 52 500 52 500 31 000 , Total Contractual Services 21000 21000 21 000 10 000 Total Internal Service Charoes 115 700 115 700 115 700 52 500 Total Caoital Outla 30 000 30 000 - - Total . 781 858 682 056 . 601 678 393 001 Ontion 1 o tion 2 #of P ;.UD!U' #of FY08/09 #of preli~i/~ary FY #of Eliminate re Immary FIELD SERVICES Emn, Budo.t Emn. Current Budnet Emn. 09 10 Emn. Contracts Animal license Office Su rvisor 1 61452 1 61452 1 61452 0 - Customer Service Re resentative 1 47915 0 - 0 - 0 - Su ervisin Animal Control Officer 1 75635 1 75 635 I 0 - 0 - Animal Control Officers 8 440 041 8 440041 9 495 046 6 330031 Overtime 39 000 39 000 24 37S 10375 PT license Checkers 110000 88 000 66 000 22 000 Total Staff Comnensation 11 774 043 10 704 128 10 646 873 6 362 406 Total Maintenance & Oneration 17 000 17 000 17 000 9000 Total Contractual Services 32 500 32 500 32 500 20 000 Total Internal Service Charnes 126 800 126 800 126 800 65 000 Total < 950 343 880 428 1< 823 173 $ 4S6 406 1 On.tia" 1 Ootion 2 # of Preliminary #of FY08/09 #of Preliminary FY #of Eliminate SHELTER SERVICES Em"', FY08/09 EmD. Current Em"', 09'10 Em". Contracts Animal Shelter Kennel 50 rvisor Tl 63 211 1 63 211 1 58 533 0 - Animal Shelter Attendant I 5 233 300 5 233 300 5 233 300 4 186 640 Overtime 4000 4000 0 3200 I 3200 Total Staff Com ensation 6 300 511 6 300 511 6 295 033 4 189 840 Total Maintenance & Oneration 60 500 60 500 60 500 39 000 Total Contractual Services 19 500 19 500 19 500 15 000 Total Internal Service Char es 30 600 30 600 30 600 30 600 Total 411111 I 411 111 . 405 633 274 440 Grand Total < 2 143 312 1 973 595 < 1 830 485 $ 1 123 847 Preliminary Current FY08 09 FY08 09 o tion1 o tion 2 REVENUE Total Business Revenue 821 400 821 400 783 141 783 141 Ci of Fontana - 4757 647736 647736 647 736 Ci of Lorna Unda - 4757 72 100 72 100 72 100 I 72 100 Ci of Colton - 4757 32164 32164 32164 Ci of Grand Terrace - 4757 6500 6500 6500 Contract Shelter Fee 758 500 758 500 758 SOO 72 100 Total Revenue 1 579 900 1 579 900 1 541 641 855 241 Net Ex ense to General Fund 563 412 23.5 393 695 22.5 288 844 15.0 268 606 ~ CITY OF SAN BERNARDINO CODE ENFORCEMENT DEPARTMENT INTEROFFICE MEMORANDUM From: Wayne Harp, Interim Director of Code Enforcement To: Mark Weinberg, City Manager Subject: Budget Reductions in Code Enforcement Date: January 13,2009 Code Enforcement has been asked to provide budged reduction recommendations at three levels, Mild, Moderate, and Major. We have also been directed to not make reductions in those areas of Code which are "fee supported". In analyzing the Fiscal Year 2008/2009 budget for Code Enforcement it is revealed that Code Enforcement consists of five different accounts. They are: . 07l-General Code Enforcement-a general fund supported account-$893,600 . 073-Neighborhood Revitalization-supported by CDBG funds-$2,250,300 . 074-Weed Abatement-a general fund supported account-$293,700 . 077-Graffilti Removal-an account no longer controlled by Code-$588,000 . 079-Single Family Rental lnspection-a general fund supported aecount-$94 I ,700 Total-$4,967,300 In evaluating this budget in the light of my instructions not to cut in areas that are fee supported (079) or supported by special funds (073), and realizing that account number 077 is no longer under the control of Code, I am left with two accounts to work with, 071 and 074. These accounts total $1,187,300. Contained in these accounts is the funding for 9 employees, including 50% of the Department Director's salary and fringe benefits and 25% of the Administrative Analyst II and Administrative Assistant's salary and fringe benefits. For the purpose of this memo, the previous 2 positions will be considered to be part of account 073. ~ Scenario One (Mild) Department Director to continue on a part time basis. In the FlY 2008/2009 budget that position, including salary and benefits is budgeted at $219,530. During the last six months of the fiscal year, the Interim Director is only scheduled to work 16 hours per week at a cost of$25,466. The savings to occur in the last six months of the fiscal year will result in total savings of$84,299. Since 50% of this position is in the general fund, savings in that fund will amount to $42,149. This staffing proposal is only feasible if the position of Deputy Director is maintained in the table of organization. As this position is funded out ofCDBG funds I am not considering it for elimination. It is somewhat difficult to project Code's total expenditure for postage for the rest of the fiscal year. Since Weed Abatement (074) is not required to send certified mailings, there are no expected costs savings for this division. In all other divisions, including 079 (SFR), we are required, by the Municipal Code, to send all mailings by both certified ($5.34 each) and 1 sl class mail ($.42 each) for a total cost of $5.76 per mailing. Because of this requirement, we estimate that we will be over budget in postage (Acct. 5175) in divisions 071, 074 and 079. However, based on 07-08 expenditures, if we immediately eliminate the requirement to send mailings certified, we will reduce the overall deficit in each division this year and show costs savings in budget year 09-10 as follows: 071 4,617 I 5.76 = 802 mailings 802 x .42 = 337 802x5.76=46l7 4617 - 337 = Savings: $4,280 073 99,402 I 5.76 = 17,257 mailings 17,257 x .42 = 7248 17,257 x 5.76 = 99, 402 99,402 -7248 = Savings: $92,154 079 26,000 mailings (13,000 estimated SFRs, mailing of I notice and I invoice) 26,000 x .42 = 10,920 26,000 x 5.75 =149,760 149,760 -10,920 = Savings: $138,840 Total Savings in FY 09/10: $235,274 2 JJ. To accomplish this, eleven Municipal Code Ordinances will have to be amended. Deputy Director Milligan will begin working on these amendments in order to be prepared if it is decided to take advantage of these potential savings. The Municipal Code also requires other departments to use certified mail. We do not intend to address these areas. Other departments may choose to examine these potential areas for savings. We can assist them in identifying the appropriate ordinances. Consistent with the City Manager's earlier directive we have left vacant the position of , Senior Code Compliance Officer. This position became vacant due to a retirement. Leaving this position vacant will result in $45,166 in general fund savings for the last half of the current fiscal year. Further cost savings will also result with implementation of the new computer software, GoEnforce which is scheduled to go on-line February, 2009. With the new software, it is anticipated that the Department will become virtually "paperless". By going "paperless", we will reduce expenditures for both ink cartridges and paper, and estimate a cost savings in our materials and supplies account (5111) of approximately $2,000. Because there is a freeze on training, we can eliminate the budgeted costs for accounts 5132 - meeting and conference ($500.00) and 5133 - education and training ($800 remaining) for a total of $1 ,300. Lastly we have determined we can eliminate the monies allocated for rentals (account 5171 -rentals), resulting in a savings of$4,000. In synopsis I have made the following budget reduction recommendations in scenario one: . Part time director savings $42,149 . Leave Senior Code Compliance Officer position vacant, savings for the last six months of the fiscal year $45,166 . Reduction in Account 5111 $2,000 . Elimination of Accounts 5132 & 5133 $1,300 . Elimination of Rental Account 5171 $4,000 Total proposed reductions $94,615. It is important to note that this represents 8% of the funds I have been instructed to cut adjusted for the six months remaining in the fiscal year. 3 ,') Scenario Two (Moderate) In scenario two I will supplement all the savings from scenario one with the following budget reduction recommendations: . In account number 071 eliminate two Code Enforcement Officers, total savings for the last three months of the fiscal year are $35,888. Total proposed reductions in scenarios one and two $130,503. This represents II % of the funds I have been instructed to cut adjusted for the six months remaining in the fiscal year. Scenario Three (Maior) In scenario three I will supplement all the savings from scenarios one and two with the following budget recommendations: . Eliminate the part time director and either appoint the deputy director as "acting" or consolidate the director's position with another department head $10,610. This number assumes the change will occur on February 1,2009. It was previously proposed that Weed Abatement be eliminated which would result in salary savings of $36,494 for the last 3 months of the fiscal year. However, we will be forwarding a proposal to increase the administrative fee from $110 to $230 which will increase revenues by approximately $120,000 in weed abatement that will justify maintaining this division. Total proposed reductions in scenarios one, two, and three $141,113. This represents 12% of the funds I have been instructed to cut adjusted for either the last six months, or the last three months of the fiscal year, as 1 believe is appropriate. These recommendations also include the elimination of2.5 positions of the 9 contained in account numbers 071 and 074. 4 I~ -l o - III ;;: ;,?!J?- ;:>0 .!.~ 3 l1> o a;' " Q ;;: 00 o a. a.'" '" OJ mlt :J - o ;:; l1> 3 l1> a o ;::!; " l1> ~ = N .. ~ ~ lD Ol W ... ...... 00 '" , ~, W .'" 00 00 , 00 , ;;: ;0;;:;;: lJ UlO- (tl CD Q) 0 CD :;. Q. ~m.ro!e.~.<D Q) -. 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Ol I I I ~ I I , o co '" ~ ... !-' '" '" , N, N WlDW J::i...Jo..!" _01 a en OU'lONW<O aOQ-..JwQ) laoo~....l..s::.., lJ ~ o lC ~ III 3 mz 3 l: "0 3 oC" '< '" '" ~ '" 0 Ul _ 0"0 :r~:!: '" Ul 0 ~ 0 " 0"_ o " :r Ul ",- - -'< Ul - W(Jl ::'Ill N ::5. 0" olC CDUl ~(Jl ~Ill ~ S. olC CDUl ." -< '" o o CO - o <0 !!!(Jl ....Ill - ::5. ~" olC CDUl (Jl III S. " lC Ul ." -< >'" " 0 " 0 l: <0 ~::i: o "7 CITY OF SAN BERNARDINO Development Services Department Interoffice Memorandum TO: Mark Weinberg, Interim City Manager FROM: Valerie C. Ross, Director SUBJECT: Budget-Savings Scenarios DATE: January 28, 2009 COPIES: Lori Sassoon, Assistant City Manager The three scenarios for Development Services were submitted separately. All three keep vacant positions unfilled and have increasing numbers of layoffs. All three will have increased impacts on project and plan check turnaround, as well as increased wait times for the public whether at the public information counter or over the phone. Administration (181) Proposal: Hold vacant one Customer Service Rep and reduce one Administrative Assistant. Summary: Generally, there will be some delays in routine processing of purchase orders, payments, billings, filing, and responding to public requests. FY 2009/1 0 Estimated Savings: $100,320 Public Works Land Development (183) Proposal: Hold vacant Senior Civil Engineer after retirement (6/30109) and reduce Engineering Assistant 1. Summary: There will be delays in processing/reviewing plans and responding to public requests. In addition, staff often reviews plans and environmental documents from outside agencies (school districts, sbXorelated, adjacent jurisdictions, etc.). These reviews will be delayed or suspended. With the retirement of the senior civil engineer in June, the City will have to contract out for land surveying services. This person is licensed in both civil engineering and land surveymg. FY 2009/10 Estimated Savings: $149,380 Public Works Capital Improvement Program (183) 1 did not include any CIP positions. I need these and more to complete current CIP projects, not to mention any economic stimulus projects that may come along. Some of the positions suggested for layoffs may be able to fill those positions either by lateral transfers or underfilling. )(> DS Budget Scenarios 01.28.09 Page 2 of 4 I havc three part time people in CIP whom I have not proposed for layoffs since one hundred percent of their time is billable to CIP projects. The CIP Design section has over 120 active projects, 40 of which have been identified as high priority. Some projects are critical in that they have delivery deadlines and if the deadlines are not met, the City may lose funding and in some cases, funds may have to be returned to the so urce. Public Works Field Services (184) Proposal: Reduce a Senior Survey Technician and a Survey Technician. Savings would be net of an increase in contractual services of $70,000 to cover the responsibilities of the vacated positions. Summwy: The survey crew spends about '/. of their time working on CIP projects. The other portion of their time is devoted to maintenance of the City's survey records, benchmarks, and survey monuments, along with survey work for other City departments. The latter service will not be provided with these layoffs. Vacating these positions is seen as a temporary measure only because the maintenance activities and other department work will need to be completed at some point. I did not include any Construction Inspector layoffs. The field inspectors are still extremely busy. The majority of inspections are related to CIP projects, the Caltrans' 1-215 improvement project (partially funded by SANBAG), and utilities (paid by the utilities). The 1-215 improvement project will be under construction for the next 5 years and based upon the first phase, there will likely be a need for increased inspection activities in order to protect the City's interests. Currently, I have between 1.5 and 2 inspectors assigned to this project for construction oversight to ensure adequate access to area residents and businesses, and to help minimize other related impacts. Staff anticipates going out to bid very soon with the Cajon Boulevard improvements project (Federal EDA Grant) and Hillwood is extremely anxious to keep this moving. In addition, Public Works inspectors will begin providing inspection services to the CIP projects being delivered by the Public Services Department. FY 2009/10 Estimated Savings: $35,972 Public Works Tramc (185) Proposal: Hold vacant Engineering Assistant II during FY 2009/10. Summary: I am not proposing to cut the Traffic Operations & Systems analyst position because it can be charged to Measure I funds instead of the General Fund as it is currently. The vacant Engineering Assistant II position will not be tilled, leaving only the traffic engineering associate to handle office and field responsibilities. FY 2009/10 Estimated Savings: $69,420 9. DS Budget Scenarios 01.28.09 Page3 of 4 National Pollutant Discharge Elimination System - NPDES (188) Proposal: Hold vacant Construction Inspector I for FY 2009/10. (Note: if filled, this position would charge approximately 50% to CIP projccts.) Summary: The City is behind on commercial and industrial inspections and new regulations are being proposcd by the Regional Water Quality Control Board (Regional Board). Cross training with the Public Works field inspectors has been ongoing allowing the latter to monitor and enforce prevention measures at construction sites and CIP projects. In addition, because of the shortfalls in the State budgct, the Regional Board is aggressively looking for violations and the accompanying fines and the City is at risk. FY 2009/10 Estimated Savings: $31,670 Planning (] 90) Proposal: Reduce two Associate Planners and one Assistant Planner. Hold current vacancy of Development Services Technician during FY 2009110. Summmy: There will be delays in processing/reviewing plans and responding to public requests. In addition, staff often reviews plans and environmental documents from outside agencies (school districts, sbX-related, adjacent jurisdictions, etc.). These reviews will be delayed or suspended. All gas stations are required to have their evaporative vapor recovery (EVR) systems in place by April 1,2009. Not all gas stations have submitted applications at this time and there is likely to be a "rush" in March. The City is required to adopt water efficient landscaping provisions by January 20 I 0 or default to the State model ordinance. With the cuts in personnel and professional/contractual, the City will have no choice but to default to the State's ordinance. Staff is already behind on the Development Code Update and this effort will be further delayed. Staffjs proposing to hold Planning Commission meetings only once a month instead of twice as they are currently. If the Executive Assistant position is cut, it will likely be the one assigned to the Planning Division, who acts as the Planning Commission secretary. It is anticipated that there will be resistance from the two remaining Executive Assistants when the job duties are re- assigned, but that will be addressed. FY 2009/10 Estimated Savings: $289,001 Building Plan Check (] 92) Proposal: Reduce two Plans Examiners II's. Summary: At this time, it is more cost effective and efficient to use contract plan check services because the private firms are cutting costs to maintain workers. It is anticipated that this will 10, OS Budget Scenarios 01.28.09 Page 4 of 4 continue through the next fiscal year. The Senior Plans Examiner can monitor the agreements with the firms and assist at the public counter. FY 2009/10 Estimated Savings: $176,700 Buildinl! Inspection (] 91) Proposal: Reduce two Building Inspector I's and one Building Inspector II. Summary: The decrease in development activity does not justify the number of inspectors. However, there will be delays in response times due to fluctuations in work. The City's Mobile Home Park Inspector is currently a Building Inspector I, underfilling that position. This person will be bumped with layoffs. The Building Official is analyzing whether to re-assign another inspector or to give the inspection responsibilities back to the State. FY 2009/10 Estimated Savings: $225,348 Special Salaries Some of the positions proposed to be cut charge time to CIP projects andlor assessment districts. This does not necessarily result in lesser charges to special salaries. What it does mean is that the tasks completed by these people must be completed by other staff members or contracted out. In either case, the timeframe to complete projects is extcnded and the costs of projects are increased. General Comments Staff is implementing and in some cases, still reviewing the legislation that became effective January 1st to determine impacts to the City. For example, SB 1608 requires the City to have a building inspector who is certified in disabled access requirements by July 20 I O. This is easy to do, but requires training funds. AB 3005 requires local agencies to reduce vehicle impact fees for certain TOD housing projects. Although no specific projects are proposed at this time, Planning and Engineering staff still need to start reviewing to make recommendations. . AB 32 was the Global Warming Solutions Act of2006, which requires the State to reduce greenhouse gas emissions to 1990 levels by 2020. The California Air Resources Board has met certain milestones, but still has more to complete between now and then. Related to this is SB 375, which links land use planning and transportation to this effort. Both of these will require a considerable amount of Public Works and Planning staff time, which may not be available to adequately address the issues. Most of the legislation that was approved this past year has similar implications to Public Works, Planning, and Building Services. / I g ., O. ~<J> C;;jV o , o " N " >"" LL '" ",g O~ 0;. OM :;: . >- .~ LL . <J> tl . ZOO ,f;u cGi o " ::; g . ~ Q. . . . '" o C. E w '0 . . 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Ul M '" c . ;;; '.. . ~ " . . f " w M '" c ~ . > 00 "'''' NO triLO "'''' ...... 00 "'<0 0'" .0 cO ...... 00 ~'" ~'" C"io:i ... .. c ~~ . . ~< ~ . . > (f)::::' ~,g E .!!! o .!:: ;;; E ,~ "'"' I;::::' "'''' '" N '" N ~ o ~ '" '" ~ o N '" ~ ,; " , LL .. ~ " . '" s . " " . <J> .. < < o . ~ 0, .. 15 .... tl . o u tl < . . . a. ~ . 0> l!! < . u 0; 0. . ~ .... :i E . '5 C . E . . . . . . a tl u . 'e- o. 0, <; s . ~ . ~ . ~ u . " ~ '.. o 0. . . . ~ .... . City of San Bernardino Interoffice Memorandum To: Mark Weinberg, City Manager From: Michael Conrad, Fire Chief Subject: Options for Reducing Fire Department Operational Costs Date: January 17,2009 As requested, we have analyzed the fire department's operations to evaluate the cost of providing specific services, and to determine the impact to service levels jfthese operations were to be cut. The summary below follows the format requcsted with three escalating levels of impact on services. These are identified as options A, B, and C, with level "A" representing the least impactful options of those listed, and level "C" having the greatest impact on service levels. These options are explained in greater detail in Attachment A. Additional supporting information, including fire department response statistics, can be found in attachments B through D. As you know, the fire department has made several operational and staffing cuts over the past year to reduce operating costs. Through these cuts, we have reduced or eliminated programs and personnel. Although these cuts have reduced efficiency and quality in some areas, they have not significantly impacted the core functions of emergency response. However, at this point we have exhausted options that would result in a significant savings but would not affect these core functions. It is important to note that these options were developed based on this fact. The following is a summary of our analysis: Option "A": 1. Reduce staffing by decreasing the number of personnel currently assigned to certain engine and truck companies.fi'omfour personnel to three personnel. A minimum of one position could be reduced at an annual cost reduction l!f$133,400. The maximum number of positions that could be reduced is 22, resulting in an annual cost reduction of approximately $2.9 million. 2. Reorganize fire department chief officer staffing. Eliminate one battalion chief position, and place two battalion chieft on a 40-hour work schedule to perjiJrm administrative duties. Resulting annual cost reduction is approximately $253,000 3. Eliminate one Senior Administrative Assistant position. Approximate cost reduction would be $58,000 pg. I J .?' Potential Annual Cost Rcduction for Option "A": Firefi hter Position Only: Resource Minill/ulI/ Ann ual Reduction (l osition Maxill/ulI/ AII/wal Reduction (22 positions) 411/0ntlr Minill/ulI/ Reduction 411/0ntlr Maxill/ulI/ Reduction 3 II/ontlr Minill/u/II Reduction 3/11ontlr Maxill/ulI/ Reduction 1 firefighter $133,400 $2,934,800 $44,467 $978,267 $33,350 $733,700 position Note: Tire number of positions reduced can be done in increments of one position, with a range between 1 and 22 positions, The level of cost reduction will be commensurate to the number of positions cut. Remainin 0 tion "A" Reductions Resource Annual Savin s I Admin Ass!. Battalion Chief Reorganization Total $58,000 $253,000 4 Montlr Savill s $19,333 $84,333 3 Montlr Savin s $14,500 $ 63,250 $311 ,000 $103,667 $ 77,750 Impact on service levcls: . Will likely result in delays in attacking structure and wildland fires, potentially leading to increased life and property loss. . Engines staffed with three personnel are 38% less effective on the fireground than engines staffed with four personnel. . Firefighter injury rates increase by as much as 36% when engine and truck company staffing is reduces from four person to three. . Reducing the number of battalion chiefs will compromise mandated command and safety functions on emergency incidents. This move will also increase chief officer level administrative workload. . Reducing administrative assistant staff will increase workload on remaining staff. These positions have already been reduced as part of the 2008 cutbacks. Ontion "8": 1. Eliminate staffingfor up to two ladder trucks and/or one paramedic squad. This would be done in addition to option "A ". The cost reduction for one paramedic squad would be approximately $435,000, The cost reduction for one of the two ladder truck companies would be $1,338,100. Cost reductionfor all three resources would be approximately 3,111. 200, 2. Eliminate administrative training captain position. This results in a cost reduction of $152,700 pg.2 J / / Potcntial Annual Cost Reduction for 0 tion "8": Reduction Annual Reduction 4 Montll Savin s 3 Montll Savin s Training Captain $ 152,700 $ 50,900 $ 38,175 Paramedic Squad 226 $ 435,000 $ 145,000 $ 108,750 I Ladder Truck $ 1,338, I 00 $ 446,033 $ 334,525 company Both Ladder Truck $ 2,676,200 $ 892,067 $ 669,050 Companies Total Savin s $ 3,263,900 $ 1,087,967 $ 815,975 Impact on scrvice levels: . Response times to approximately 2,900 emergency medical calls for service will increase by approximately 33% or more. Such increases in response times are linked to increased patient mortality rates, particularly in cardiac emergencies. . Specialized services that are currently delivered by ladder truck companies may be delayed, or may not be available at all. This will have a profound impact on firefighting and rescue capabilities. . As with option "A", fewer firefighters would be available on the fire ground in a timely fashion, causing delays in firefighting operations, increased firefighter injuries, and increased risk to the community. Ontion "C": Close one or more of the city's 12 fire stations, This could be done in addition to, or in combinationll'ith options "A" and "B ", but it is recommend that it is only considered afier the other options have been exhausted. Potential Annual Cost Reduction for Option "C": Closin ' One Fire Station Resource Annual reductioll 4 1II0lltll savill S Staffing for I fire $ 1,393,200 $ 464,400 station (9 total positions) 3 MOlltll Savill s $ 348,300 Impact on service levels: . Every emergency call for service in the district of the vacated fire station will receive response times as high as 18 minutes or more. This is more than double the response time that other areas of the city with an operating fire station will experience. This will also increase response times city-wide as units will frequently be out of their district to cover other areas. As discussed, these longer response times will have a direct effect on the health and safety of the community and firefighters. . Fewer overall resources in the emergency response system. This will decrease the fire department's ability to mitigate large fires and other significant incidents. Larger tires will result in greater dollar loss. pg.3 I <;:' A IT ACHMENT A Detailed Analysis of Options for Reducing Fire Department Operational Costs Option "A": 1. Reduce staffing by decreasing the number of personnel currently assigned to certain engine and truck companies from four personnel to three personnel. A minimum of 1 position could be reduced at an annual cost reduction of$133, 400. The maximum number of positions that could be reduced is 22, resulting in an annual cost reduction of approximately $2.9 million. 2. Reorganize fire department chief officer staffing. Eliminate one battalion chief position, and place two battalion chiefs on a 40-hour work schedule to perform administrative duties. Resulting annual cost reduction is approximately $253,000 3. Eliminate one Senior Administrative Assistant position. Approximate cost reduction would be $58,000. Background: Firefighter Staffing The fire department currently staffs 9 of its 14 engine and truck companies with four personnel. The remaining resources are staffed with three personnel. All of these are staffed on a 24/7 basis. The industry standard established by the National Fire Protection Association (NFPA) for fire department staffing recommends that engine and ladder truck companies are staffed with four personnel. Additionally, several studies provide evidence that four-person staffing on fire engines and ladder trucks is more efficient and results in fewer firefighter injuries during firefighting operations than three-person staffing. For these reasons, the City has been working for several years to incrementally increase staffing to the four-person level. However, in the context of staffing reductions, maintaining four-person staffing would limit any significant reduction options to removing entire responding units (engines, trucks, andlor the paramedic squad) from the city's emergency response system. Such a move would result in longer response times to emergencies, which is also contrary to NFP A standards that call for a total response time standard of six minutes or less on 90% of the calls for service. Additionally, there is substantial and compelling research showing a clear relationship between increased mortality rates and fire loss, and extended response times. This is particularly evident in Emergency Medical Service (EMS) calls. Research indicates that delays of as little as one minute can have a measurable negative impact on patient survival rates during critical medical emergenciesl. Additional studies show that res~onse times exceeding 5 to 7 minutes can increase the patient's mortality risk by up to three times. These are important elements to consider as approximately 87% of the fire department's responses are medical in nature. I White, R., Hankins, D., & Bugliosi, T. (1998). Seven years experience with early defibrillation by police and raramedics in an emergency medical services system. Resuscitation, 39(3), 145-] 51. Blackwell, T" & Kaufman, J. (2002). Response time effectiveness: Comparison of response times and survival in an urban emergency medical services system. Academic Emergency Medicine, 9(4), 288-295. pg.4 t, Although the city has worked diligently to reduce response times, the increasing number of emcrgency calls for service that the city is experiencing has resulted in responsc times that fall short ofNFPA standards. Any decrease in the number of resources available to respond to cmergency calls will result in further degradation of this service measure. Reductioll of Battalioll Chief Positioll The city currently uses six battalion chiefs (two battalion chiefs per shift) to supervise field operations on a 24/7 basis, and perform a variety of administrative functions (see attachment "D"). One of the critical functions of the battalion chiefs is to take a command role in emergency operations. Ensuring that these incident command functions take place is required by Title 29 CFR 1920.120. Furthermore, NFP A Standard 1710 calls for a chief officer to respond to the scene of emergency incidents to perfoffi1 command functions. These functions include implementing the Incident Command System (ICS), coordinating incident communications, tracking the precise location and function of each person assigned to the incident, and coordinating functions of outside agencies that may be involved with the incident. Typically, because of the complexity of these functions, a second battalion chief is dispatched to all incidents where multiple companies will be operating. The second battalion chief assists with the above functions, and often serves as the incident safety officer, a position also required by OSHA and NFP A. These persoilllel currently work on a shift schedule of 48 hours on and 96 hours off. This option would require that one of these positions be held vacant, resulting in an ailllual savings of $218,300. This option would also require that two other battalion chiefs be moved to a 40-hour workweek to perform administrative duties, respond to emergencies, and share the additional workload resulting from the vacant battalion chief position. These two battalion chiefs would perfonn functions and receive compensation on par with the current position of training officer. As 40-hour positions, they will not require backfill when leave time is taken. Thcrefore, the reconfiguration of these positions results in an additional annual cost reduction of approximately $40,500. Reductioll of Admillistrative Assistallt Positioll. The fire department currently has one vacant assistant to the director position. Fire will fill that position with one of the personnel that are currently working in the department as a senior administrative assistant. This will create a vacancy for a senior administrative assistant that will not be filled. The job duties from the vacated position will be shared by the new assistant to thc director, along with remaining administrative staff. Option "A"s impact on service level: Reductioll to four-persoll staffillg 011 ellgilles alld ladder trucks Although NFPA standards recommend that engine and truck companies are staffed with four personnel, it does not state that they must arrive at the scene on the same apparatus. Therefore, even with a reduction to three-person staffing, firefighting operations can take place once enough personnel arrive at the scene to safely attack a fire. However, having to wait for additional personnel means that fire attacks will be delayed, which may result in additional property damage and increased health and safety risks to the public. pg.5 -7 The impact of these delays is significant as modern furnishings and construction materials have changed the dynamics of structural fire fighting substantially. Recent studies from the National Institute of Standards and Technology show that the elapsed time from the beginning phases of a fire to the point where it is lethal to humans has decreased by 82% compared to similar studies in 19753. This means that fires in the home will grow in size so quickly that delays as little as one minute will have a profound effect on fire extension, property loss, and life loss. This may also result in fire extending beyond the structure of origin and spreading fire to other structures in a neighborhood or district. This could be particularly problematic during high-wind events, which are common in San Bernardino. Additionally, studies have found that a decrease from four-person staffing to three-pcrson has contributed to an increased injuries to firefighters. One published study found that injuries per 100 firefighters increased by over 36% when staffing was reduced from four-person to three-person4. Reduced staffing also means fewer firefighters available to rotate out of large fires for rehabilitation. A lack of frequent and adequate rehabilitation during fire fighting operations has been cited as a significant cause of cardiac arrest in firefighters. One recent study by the University of IIIinois5 found that increased body temperature resulting from firefighting activities increased blood-clotting potential after only 18 minutes of firefighting operations. With fewer firefighters in the city's response system, providing rehabilitation to prevent such conditions while still attacking the fire will be increasingly difficult. In addition to being a health and safety concern for the city and our firefighters, such an outcome would result in increased costs associated with employee InJUrIes. Reductio/l of Battalio/l Chief Positio/l The span of control ratio of chief officers to personnel supervised is already one of the highest in this region at approximately 18 employees per chief officer. By eliminating a battalion chief position, this ratio will increase further, and the efficiency of command and safety functions on multi-company incidents will be compromised. Although there will be additional chief officers available to respond to incidents that occur between 07:30 A.M. and 5:30 P.M. Monday through Friday, the remaining time periods will only have one battalion chief on duty to immediately respond to these incidents. Additionally, it will be difficult to rely on other personnel assigned to the incident to assist these required functions as other staffing reductions will tax an already limited number of people on incident scenes. The fire department plans to make use of on-call chief officers and mutual aid to respond to these scenes after hours and on weekends, but their response will be substantially longer than with the current system. Because many of these functions must take place in the first few minutes of an incident, these delays may have a significant negative impact on incident safcty and efficiency. , National Institute of Standards and Technology (2004). Technical note t455. 4 Analvsis of Fire Fighter tniuries and Minimum Staffing Per Piece of Apparatus in cities with populations of 150.000 or more, December 1991, International Association of fire Fighters, pp J -5. Study included data rrom 180 fire departments with a population of 150,000 or more. Similar results were found in studies conducted by Seattle W A FD and Providence RI FD. , University of lIIinois Fire Service Institute Report (2009). Firefighter fatalities and iniuries: The role of heat stress and PPE. Firefighter Life safety Research Center. pg.6 IX' Reductioll of Admillistrative Assistallt Positioll Vacating the senior administrative assistant position will increase the workload to the remaining clerical staff. In 2008, the fire department held another administrative assistant position vacant as a cost cutting measure. That position is still vacant, and this additional reduction of an additional clerical position will mean that certain reports and rccord keeping functions will bc delayed. Some functions, such as billing for EMS or inspection services, must be processed in a timely fashion in order to ensure collection. Therefore, this reduction may require the occasional payment of overtime to clerical personnel so that the city can maximize their collection for these services. Potential annual cost reduction for option "A": $133,400 to $3.2 million. The range of cost reduction potential for option "A" is broad. The cost of one top-step P-I (non- paramedic firefighter) is approximately $133,400 annually. The amount of the cost reduction will be commensurate to the number of positions cut. Likewise, the magnitude of the service level impacts discussed above will increase proportionately as more positions are cut. The Pol is an entry level firefighter position. If option "A" is selected, this would be the rank level at which the reduction in force would occur. Although P-2 (paramedic firefighter) is also an entry level position, it will be critical to retain these positions in order to maintain Advanced Life Support (ALS) service delivery. Option "B": 1. Eliminate staffing for up to two ladder trucks and/or one paramedic squad resources. This would be done in addition to "A". The cost reduction for one paramedic squad would be approximately $435,000. The cost reduction for one of the two ladder truck companies would be $1,338,100. Cost reduction/or all three resources IVould be approximately 3,111,200. 2. Eliminate administrative training captain position. This results in a cost reduction of $152,700 Backl!round: Elimillatioll of Paramedic Sqllad alld/or Ladder Truck compallies Currently, the fire department staffs two ladder truck companies on a 24/7 basis. These resources operate out of two fire stations that are also staffed with a full-time ALS engine company These are referred to as "multi-company stations". One of these truck companies is also a paramedic (ALS) level resource, and the other is staffed with Basic Life Support (BLS) trained personnel. There is also one two-person paramedic squad located at station 226 along with a full-time engine company. Option "B" would call for the elimination of one or all of these resources, leaving only the engine resource to cover that stations district. The purpose for these resources is twofold. First, truck companies conduct specialized functions during structure fires, technical rescue, and hazardous materials incidents. These functions represent an integral part of the total response system and must be performed to ensure operational efficiency and provide for firefighter safety. If option "B" were implemented, it would require that the ladder truck be cross-staffed by the personnel assigned to the engine company at the respective station. Although this would allow the apparatus itself and the specialized tools it carries to be available at emergency scenes, the loss of the personnel that it would normally carry would have to be compensated for by sending additional resources to the emergency. This creates a domino effect pg. 7 Ie; of resources responding out of their district to cover calls, leading to substantially increascd response times and decreased efficiency. The second purpose for both the truck companies and the paramedic squad is to provide additional resources that are able to cover the city's increasing EMS call volume. This is particularly true of the one ALS truck company and the paramedic squad, although all three units contribute to this service. These units are assigned to the busiest districts in the city. This is necessary because the call volume in these districts is so high that the primary responding unit is frequently tied up on emergency calls when subsequent calls in the same district occur. Without additional resources available in that district, these subsequent calls require a response by resources from other district. Again, this results in increased response times to all calls for service, but the impact is even more pronounced due to the frequency of EMS calls. Elimination of Administrative Training Captain The fire department's training division consists of the training chief, and one administrative captain. Each work on a 40-hour per week schedule. The training captain is in charge of conducting department-wide training, arranging for training classes, creating revenue through the management of the department's training reimbursement program with Santa Ana College District, oversees the departments six-week training program for new employees, conducts probationary training and testing, and a variety of other functions. Working directly under the training chief, the training captain organizes more of the day to day required training, which allows the training chief to concentrate on long range personnel and training goals. These goals incl ude recruitment, hiring, and promotional processes. It should be noted that since April of2008, the fire department has held the administrative clerk position assigned to the training division vacant as a cost reduction measurc. This has contributed to an increased workload for the existing training staff. Option "B"s impact on scrvice Icvel: Elimination of Paramedic Squad and/or Ladder Tmck companies As discussed in option "A", an increase in response times of as little as one minute for EMS calls can result a significant increase in patient mortality rates. We know from our own response statistics that full implementation of option "B" is certain to increase response times by roughly 33% on approximately 1,600 EMS calls for service in the three districts that will lose staffing for the additional truck or paramedic squad. Furthermore, engine companies from throughout the city will have to respond out of their assigned districts on a more frequent basis to compensate for this reduction of recourses. This will result in approximately 1 ,300 additional calls that will have a response time increase of approximately 33%. It should also be noted that in some situations, this option could lead to response times of over I 5 minutes. This element will be discussed in detail in option "c" This increase in response times, coupled with the reduction in staffing outlined in option "A" will also affect the department's effectiveness in lighting fires. As mentioned, firefighters can still conduct firefighting operations with three-person staffing, but only after enough personnel have arrived on-scene to perform operations safely and within the parameter of codes and standards governing firefighting operations. Failure to assemble an acceptable number of personnel is both a pg.8 <)/\ hazard to firefighters, and a liability to the citl. As discussed in other options, the delays that assembling an adequate number of personnel creates increases the potential for civilian and firefighter injuries and fatalities, and property loss. Elimination of Administrative Training Captain Eliminating the training captain will leave only the training chief to coordinate all personnel and training functions for over 160 personnel. Based on our research, this would leave us with the most understaffed training division for a department our size in the Southern California area. Prior to 2003, the fire department had altcmpted to rull the training department with only a training chief. The result was that several mandated training programs were not taking place simply because there was not enough staff to organize and oversee the training. This issue was corrected with the addition of the training captain and clerical staff. However, we will likely regress to the same problems through this option. Furthermore, with the training captain and the training administrative assistant positions both vacant, it will be difficult to maximize the revenue potential of the training reimbursement program that the department participates in with the Santa Ana Community college district. This contract generates over $130,000 in revenue annually. Keeping fire department personnel current on job skills and mandated training is vital to service quality and to reduce liability to the city. Therefore, should this option take place, these functions would temporarily be handled by one of the battalion chiefs that were assigned to a 40-hour work week in option "B". Potential annual cost reduction for option "B": $152,700 to $4.6 million The annual cost for the training captain position is $152,700. The annual cost for the one paramedic squad in the city is approximately $426,850 for staffing and approximately $8,000 for fuel costs. Annual costs for each truck company is approximately $1,369,200 for personnel and approximately $ I 2,000 in fuel costs. It is assumed that these ladder trucks and squad will be retained by the city even though they are not staffed. Implementation of option "B" does not require that all three resources be eliminated. Therefore, the level of cost reduction for option "B" will depend on how many of these resources the city finds necessary to eliminate. Option "C": Close one or more of the city's 12 fire stations. This could be done in addition to, or in combination with options "A" and "B ", but it is recommend that it is only considered afier the other options have been exhausted. Baekl!round: The city has a total of 12 fire stations that are staffed on a 24/7 basis. One of the objectives of options "A" and "B" was to keep these stations open to ensure that citizens in all areas of the city receive help for fire and medical emergencies as quickly as possible. However, if options "A" and "B" are implemented, the only practical altcrnative left that will result in a significant savings will be to eliminate a paramedic engine company, thereby closing the fire station it responds from. The actual fire station that would be closed would be detennined after careful consideration of multiple factors. This would include historical patterns of service delivery throughout the city and 6 See Administrator of the Division of Safety, OSHA vs. Clark County Fire Department, 1990, Department of Industrial Relations, Carson NV., Docket No. 89-385. Willful violation: Performing operations at a structure fire without an acceptable number of personnel on the scene of the incident. pg.9 ...., I for each individual district. -Elements to be considered for each district would include total call volume and call types, calls by time of day and time of year, fire hazard severity, and response times from the next closest fire station. If the city should decide to implement this option, the fire department will research and present recommendations based on the level of reductions requestcd. Impact on service level: The elements of response times and staffing that were discussed in options "A" and "B" applies in much the same fashion to option "C". Therefore, option "c" carries with it a significant potential for increased property and life loss due to fire, increased mortality rates from medical emergencies, and increased hazards to firefighters. However, unlike the other options, where response times are reduced on a portion of the calls for service, closing a station assures that every call for service in the affected district will receive longer response times. Furthermore, the level of increase in response times in the affected district(s) will increase significantly over those discussed in options "A" and "B". When determining the location for fire stations, the goal is to ensure that a responding resource can reach all parts of the district in 5 minutes or less. Although some of our fire stations are slated to be relocated in order to reach that goal, most stations are reasonably close to the goal. Therefore, when a station is closed, the next closest resource must travel at least 5 minutes just to get to the edge of the vacated district. If the location of the call is on the opposing side of that district, the responding unit will have to travel an addition 1 0 minutes to get to the call. In this scenario, the call, which would have taken only 5 minutes to drive to had the station been open, will now take I 5 minutes to drive to because the closer station was closed. Such a response time is beyond any reasonable standard, and although a I 5 minute would represent the higher end of response times that may be experienced, response times of greater than I 0 minutes are likely to be common. Potential annual cost reduction for option "C": $1,393,200 per fire station The potential annual cost reduction consists of $1 ,369,200 in personnel costs, and estimated $24,000 in maintenance and operation costs for the fire station and the apparatus operating there. This estimate was made under the assumption that the city will retain ownership of the fire station, apparatus and equipment. pg.10 <) - ATTACHMENT B Fire Department Response Statistics for Calendar Year 2008 The following highlights of the fire department's service statistics were extracted from the city's fire Computer Aided Dispatch (CAD) system, and electronic Fire Records Management System (FRMS). These statistics were provided by the public safety section of the City's information technology department. Total cmergency responses by fire department: 25,910 Total Firelrescue related calls: Total unit responses to fire incidents7 3, I 89 (12.3% of total) 5,332 Total Emergency Medical Service (EMS) calls: Total unit responses to fire incidentl 22,721 (87.7% of total) 23,629 Estimated dollar loss from fires in structures: $8,875,100 Estimated value of structures affceted by firc: $93,\37,220 Estimated value of potcntiaI property saved through fire supprcssion efforts9: Total calls for service processed by fire dispatchlO: $84,262,120 40,028 7 Many fire incidents require more than one fire resources to respond. This is particularly true in structure fires and wildland fires. This number indicates the total number of individual unit responses to fire related calls. 8 EMS calls that may require more than one unit include traffic collisions, specific types of rescues, and when the complexity of the medical emergency may require additional personnel (full cardiac arrest, multi casualty incidents, etc) 9 Potential property saved through suppression efforts is calculated by subtracted the estimated dollar loss due to structure fires from the estimated value of the structures involved in fire. This number is also based on the assumption that if fire suppression efforts had not been etTective, there would be the potential for a total loss to the property. 10 This represents all emergency and non-emergency call types that were entered into fire's Computer Aided Dispatch (CAD) system, Not all of these calls required a response from the fire department. Many of these were screened through the Emergency Medical Dispatch (EMD) process and received an ambulance only response. Other call types include faulty alarm systems, incorrect jurisdiction, or false calls identified before a unit was sent. pg.ll ~~ Distribution of emer 'cney calls for service Locatio,," EMS Fire Total % of Total District 221 3,516 389 3,905 15.1% District 222 2,059 253 2,312 8.9% District 223 1,571 246 1,817 7.0% District 224 3,412 325 3,737 14.4% District 225 1,033 211 1,244 4.8% District 226 3,895 460 4,355 16.8% District 227 1,589 210 1,799 6.9% District 228 1,301 [81 1,482 5.7% District 229 1,291 192 1,483 5.7% District 230 1,345 319 1,664 6.4% District 231 1,274 269 1,543 6.0% District 232 433 133 566 2.2% Note: These represent single calls for service. Many of these required multiple units to respond, but they are still represented as a single call in this table. a See map in Attachment "C" pg.12 ~ I Emergency Responses by Specific Fire Department Resource. Resource" Currellt Staffi/ll Fire Respollses EMS Respollses Total Responses ME22] 3 person 552 2,908 3,460 ME222 4 person 482 2,080 2,562 ME223 4 person 461 ],565 2,026 ME224 3 person 545 2,79] 3,336 ME225 4 person 3]2 995 ],307 ME226 3 person 503 1,273 1,776 MS226 2 person 85 2,884 2,969 ME227 4 person 331 1,452 1,783 ME228 3 person 252 1,]77 1,429 ME229 3 person 295 1,]31 1,426 ME230 4 person 433 1,337 1,770 ME231 4 person 339 1,132 1,47] ME232 4 person 218 483 701 MT22] 4 person 234 217 451 T224 4 person 290 573 863 a Resource numbering corresponds to district location identified in Attachment C. b Minimum staffing for all resources except MS226 include one captain, one fire engineer, and one paramedic firefighter. Four-person resources are staffed with the same rank structure, but include an additional non-paramedic firefighter. Abbreviations: ME: "Medic Engine". Paramedic staffed fire engine MS: "Medic Squad". Paramedic squad. Ford F-450 pick-up truck staffed with two personnel. Responds to EMS and fire calls MT: "Medic truck". Ladder truck staffed with one paramedic to deliver Advance Life Support (ALS) T: "Truck". Ladder truck staffed with Basic Life Support (BLS) personnel. pg.13 .:Jc; ATTACHMENT C Fire Response District Map pg. 14 '"1 I First In Response Legend I I 2211225 229 l 222 - l 226 230 ~,';$'iII 2231227 l, · 231 r 1 224 ~ 228 232 ASE I IA , ..6P\, \(!'57. LOV R , N Main Map Legend ~ Fire St.1lioos .. CHI" '~G<lIfcourse $. C.yPollce ~ Hospitals g snerl1f Ii! City of San Bernardino Fire First in Response Districts pg. 15 /}7 . ATTACHMENT D Current Distribution of Battalion Chief Administrative Duties Training Officer .,/ CICCSIRed Card coordinator .,/ Promotional Testing .,/ Recruitment/Entry level training and testing .,/ Tactical medic program .,/ Background Investigations .,/ Public Safety Academy liaison .,/ Admin. Captain .,/ Tower training .,/ Coordinate Probationary testing .,/ Scheduling training (training calendar) .,/ Entry level testing .,/ SACCD coordinator Disaster Management Coordinator .,/ Disaster Preparedness Coordination and EOCIIMT .,/ Fire Grants 1 Special Funding 1 UASI .,/ Terrorism Training 1 Preparedness .,/ Communications center (with assigned battalion chief) .,/ Emergency equipment and meal agreements .,/ CERT (with two assigned battalion chiefs) EMS Coordinator .,/ EMS Advisory Board chairnmn (EMS Advisory Committee) .,/ EMS QI/QA chairman (EMS QIIQA Committee) .,/ EMS Supply (with FS221 Paramedics) .,/ EMD Coordinator .,/ Medical Director liaison .,/ EMT and Paramedic recertification tracking and coordination Battalion Chief 603 A shift .,/ Safety equipment inventory (BDO) .,/ Fire Apparatus Specifications and Procurement .,/ Fire Maintenance Shop (Oversee Shop Supervisor) .,/ Coordinate department Public Information Officer (PIO) program .,/ Fire Department Honor Guard liaison. Battalion Chief 604 B Shift .,/ Electronic communications (Cell phones, pagers, MDC, Radios, Sat phones) .,/ Fire communication center .,/ Computer Aided Dispatch (CAD) liaison. .,/ Wildland Firefighting committee pg.16 ,f? ./ Telestaff coordinator ./ Sewing program liaison. ./ Hose maintenance and repair program liaison ./ Self Contained Breathing Apparatus (SCBA) maintenance and repair program liaison. Battalion Chief 604 A Shift ./ Explorer program (with captain from station 232) ./ Coordinate station assignments and rotations, station bids and transfers. ./ Standard operating procedure coordination and distribution. ./ Safety employee Holidays 1 Vacation Scheduling Battalion Chief 604 C shift ./ Buildings and Grounds maintenance ./ Fire station Furnishings ./ Small Tools and equipment purchases. ./ Wildland Firefighting committee ./ Wellnesslfitness program coordinatorlliaison Battalion Chief 603 B Shift ./ HazMat emergency response coordination ./ Hazardous Materials Investigation Program (HMIU) ./ Urban Search and Rescue (USAR) program coordinator. ./ Electronic records management system. ./ SAFERS, safety gear and uniforms specification and purchase. ./ Accountability Passports 1 Helmet Labeling 1 Laminating (Engr. Darrell Degner PM Osekowski) Battalion Chief 603 B Shift ./ SBlA operations coordinator ./ Facility Supply Order and Distribution (Logistics Officer Mike Hudkins) ./ Traffic collision cost recovery ./ San Bernardino Regional operations and coordination. pg.17 Jq CITY OF SAN BERNARDINO Facilities Management Interoffice Memorandum TO: Mark Weinberg, City Manager FROM: Jim Sharer, Director of Facilities Management SUBJECT: Facilities Management Budget Scenarios DATE: January 16, 2009 COPIES: As per your request at the budget briefing of January 12, 2009, below are the possible scenarios for the Facilities Management Department. Scenario #1 - Reduced Services, Cell Phone Allowance, Sale of Property And Paid Parking adjacent to the Courthouse Reductions will be made in Custodial if facilities are closed as part of the budget solution. These reductions will be provided to you as needed. Reducing the days andlor hours of operations of some facilities may not affect custodial service as we are already performing 'skip' cleaning (limited days and services) at most smaller off-sites. No cuts to Building Maintenance due to current reductions. No cuts to Parking Enforcement. This section generates revenue, so further cuts are counter productive. The City currently has approximately 400 City-issued cell phones and Blackberry instruments. Of the 400, 91 are used as two-way radios using the Direct Connect function, and cannot be taken away from the users. The remaining phones cost the City $150,000 per year. If the City were to recall all of these phones and issue a $25.00 cell phone allowance to approved employees, the savings would be $57,300 per year. The Harrison Fire Station located at 3250 Harrison Street has been decommissioned for the past 15+ years. The Sherriff's Department rents the site for $1.00 a year to house their Search & Rescue Team. The site has little value to the City and staff proposes selling this property to the County for fair market value. :{?\ . The City has looked at the concept of parking meters in the downtown area for many years now. The Courthouse District is the most heavily used area for on- street parking, and a perfect site to test a paid parking program. The Courthouse District has approximately 150 on-street spaces that could be controlled using 15 pay & display multi-space pay stations. Using a combination of debt service and gas tax funds, the $180,000 pilot project would cost $1 ,700/mo in debt service and generate $4,400/mo in revenue, for a positive cash flow of $2,700/mo, which would be $32,400/yr. Scenario #2 - Consolidate with another Department Reduce costs by consolidating two or more departments. This reduction will allow the removal of one or more department heads, who could then be reassigned to department head vacancies in other departments (i.e. Code, Animal Control and Library). Potential matches for Facilities Management: Facilities and IT - Both provide internal services and maintenance, both heavily dependent on technology. Savings = 1 Director Facilities and Code Enforcement - Facilities operates Parking enforcement and has many ties to Code Enforcement Savings = 1 Director Facilities and Animal Control - non traditional mix, both operations are stand alone Savings = 1 Director Facilities, Code Enforcement and Animal Control - This would be create a single department performing most of the non-Police enforcement functions. Scenario #3 - Disband Facilities Management Consolidate the components of Facilities into other existing departments Utilities, Building Maint and Custodial Maint to Public Services Parking Enforcement to Code Enforcement Telephone Support to IT Project Management to PS or Dev Svcs Director to fill other vacant Director position (i.e. Code, Animal Control or Library). 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'" -a - " J: I: I: J: IV I: III 0 = U III '" Ul I: III ~ '" U '" E "0 E '" w 0 Qj ~ 'u I- '" III :2 Qj u:: I: IV ~ '" I: I~ u I: U - U " U. ~ I: ~ 'u I: ~ I: ~ 0 .2 0 .2 I: 0 ~ 0 '" :;::; IV III U '" - IV I: U I: U. > I!! ~ :i: N IV M '"' .2l 0 ." ~ '"' :!2 E ~ w iU w '"' "0 '" III IV ~ IV ~ 0 '" ~ E ~ '" I: a:: 11. 0 "0 IV 0 "0 0 0 0 0 ." .E I: :J: 11. ." - '0 'c "0 ." IV iU iU IV .~ IV "0 IV '" .E 0 0 IV .c - - I: U <I: U .!!l 0 0 I: Qj 'iij I: 0 I: '" W III 11. '" u 2lC l- I- u u (Jl III III :::? " Page 1 of 2 Sassoon_Lo From: Marek_To Sent: Tuesday, January 20, 2009 10:14 AM To: Weinberg_Ma Cc: Sassoon_Lo; Pachon_Ba Subject: FY08-09 Budget Shortfall Options for IT Mark, Attached is a list of potential layoffs of IT personnel with associated cost savings, MODEST IMPACT: This involves the loss of OJ Ie IT Teehnig;!nJ]. The individual filling the only IT Technician II position assigned to the IT Public Safety Group would lose his job because of his lack of seniority. Hence, one of the other IT technicians would need to cross-train to perform the Police-related [T functions. The elimination of an IT Technician II position would negatively impact the IT Division's ability to provide adequate service to departments and perform several important functions, including: . Perform daily server backups (financial system, utility billing system, email, etc.) . Maintain backup media inventory and manage off-site storage of backup media . Install, configure, maintain, and repair desktop PCs and printers . Install, configure, and maintain PC software . Maintain an inventory of City-owned computer hardware . Perform daily department service walk-throughs . Provide user support and help desk . Special job processing: Electronic transmittals (payroll direct deposit, positive pay, bank drafting), Water bill and notice printing, etc. MODERATE IMPACT: This involves the Jayoff of two IT Technicians II. Currently, there are three IT Technicians II positions in the IT Operations Group in addition to the one IT Technician II assigned to the IT Public Safety Group. The IT Operations Group provides day-to-day technical PC support to all City Departments, including PC hardware repair, software installation/upgrades, and user training. The Operations Group also provides support to all other IT groups (Network, GIS, Business Systems and Public Safety). The IT Operations Group also performs tasks critical to the City, i.e., daily backups of City/Water Department data, transmittal of City/Water payroll files to financial institutions, printing of Water utility bills, technical support during Council meetings, and support of Blackberry mobile devices. With 1200 computers to support (including PCs, laptops, Police MDCs), on average, each technician supports 300 computers, more than twice the industry average. The Management Partners' Final Organizational Review Report states that IT staffing is four to five employees less than a typical organization of its size. Any layoff in the IT Operations Group (in addition to the layoff of the IT Technician II in the IT Public Safety Group) will have a significant negative effect on services and response times: . Repair turn-around time would double to two weeks 1/?OI?OOQ <?? Page 2 of 2 . Daily walk-through of all departments would not be possible . All network cabling may need to be contracted, with cost transferred to requesting departments . Having a technician available for immediate response to other departments would cease . Repairs to Police/Fire MDCs would take significantly longer . Having a technician available for Council meeting technical support would be inconsistent . Helpdesk phone line would have to be eliminated due to lack of staffing . Payroll transmittal responsibilities may have to be transferred back to the respective departments . Support to internal IT groups would be reduced/eliminated All of the above impacts are based upon the layoff of one IT Technician II in the Operations Group and the sole IT Technician II in the Public Safety Group. The remaining two Technicians II will be responsible for all the functions currently performed by four technicians. The layoff of these two technicians will cause moderate to severe delays and cancellations of service. SEVERE IMPACT: This involves the layoff of three IT Technicians II and one Ana!llU. If three of the four IT Technicians II are subject to layoffs, then the impact of service is so severe as to result in major delays and/or cancellations of critical services. The negative effects outlined in the MODERATE IMPACT section will be exacerbated with the layoff of the third IT Technician II. City services will be significantly degraded as all departments are highly dependent on computer services. Layoff of IT Analyst I assigned to IT Business Systems Group is extremely significant. This position directly performs numerous tasks related to the City web site, new citizen request management (CRM) system, animal shelter management system, integrated security management system (ID Badge), building permit system, business registration system, daily system backups, and provides support to senior IT staff. This position is the primary IT support position for the newly implemented citizen request management system. If this position is lost, this significant workload will need to be absorbed by higher-level Analysts who already have a significant backlog of work. This will have a negative impact on both the day-to-day service provided to departments and various technology projects. The Water Department is funding 75% of an Analyst position with the expectation that IT will meet their service needs. Elimination of this position will impact ITs ability to meet its obligations to the Water Department, and may cause them to reconsider future funding for personnel or IT services. Tom Marek Director of IT 1/')(\/")(\(\0 ?, / IT - Potential Layoffs (Revised) MODEST IMPACT: Savings Savings Position Annual Cost Monthly Cost April - June 2009 FY 2009 - 2010 IT Technician II $70,254 $5,855 $17,564 $70,254 Total $70,254 $5,855 $17,564 $70,254 MODERATE IMPACT: Savings Savings Position Annual Cost Monthly Cost April - June 2009 FY 2009 - 2010 IT Technician II $70,254 $5,855 $17,564 $70,254 IT Technician II $77,488 $6,457 $19,372 $77,488 Total $147,742 $12,312 $36,936 $147,742 SEVERE IMPACT: Savings Savings Position Annual Cost Monthly Cost April - June 2009 FY 2009 - 2010 IT Technician II $70,254 $5,855 $17,564 $70,254 IT Technician II $77 ,488 $6,457 $19,372 $77 ,488 IT Technician II $71,275 $5,940 $17,819 $71,275 IT Analvst I $71,465 $5,955 $17,866 $71,465 Total $290,482 $24,207 $72,621 $290,482 r'J r- In Defense of the Library The city of San Bernardino is facing an unprecedented budget shortfall, and the City Manager and Finance Director will have to make tough recommendations to the Mayor and the City Council. They will look to cut back or eliminate those things that are deemed non-essential services. In tough times, they will say, we must sacrifice some of the services and amenities the city might retain in more prosperous times. The challenge is to identify what is or is not essential to the city. Of course, we would all agree that public safety is of paramount importance, so the Mayor and Council will probably limit the cuts to the fire department and the police department, two agencies that are hard to cut anyway. In these tough times, the library may appear to be an amenity, one that can be sacrificed to the greater good. Cultural services become the target of cuts, and we may not recognize until too late that they are the lifeblood of our community. In an earlier round of budget reductions, one Council member suggested that we close all three branch libraries, and more recently, another city official suggested that the library's budget could be eliminated entirely. But the library is as essential a service to the city as the firefighters who protect our homes or the police who make a valiant effort to keep crime low and our citizens safe. A city worth living in has to offer more than physical security. The well-being of our libraries is a barometer measuring the cultural and educational health of our city. If you haven't been to the Feldheym Central Library or one of the three surviving branches (at one time, we had five), you may have forgotten why the library is essential. For some residents of the city, the library offers a convenient way to get to books. Libraries as repositories of books have somewhat fallen out of vogue, particularly for those who are doing well financially. Borders is only a dozen or so miles south in Riverside, and Barnes & Noble is even closer going either east or west of the city. But not all of us can afford to buy every book that we want to read. Others, and the elderly come to mind, may not so easily be able to get themselves to a bookstore in another city. If you've driven the freeways lately, the reasons are clear. Still others enjoy the convenience of being able to get a book from a library near their homes. I grew up in San Bernardino, and I don't remember that we had a bookstore in the city in the fifties; I certainly could not have afforded to buy as many books as I wanted to read. But in the twenty-first century, libraries offer so much more than books. When I go to Feldheym, the most obvious benefit of the library is that it provides computers and internet access for people who do not otherwise have ready access to them anywhere else. Young people are lined up next to older people, all of them waiting for their hour on the computer. Students of all ages use them to do research and other homework. Others use them to search for jobs. Even very young children are able to make use of the computers with special software designed just for them. And patrons, young and old, check out movies. There is a benefit to each of those individuals in how they use the library, but there is also a larger benefit to the rest of the community. A community is composed, in part, of people who have shared interests and experiences, Part of that framework of interests comes from the cultural capital we share, and that is made up, again in part, by the movies we have seen and talked about, the books on the best seller lists that are discussed by friends over coffee, and so on. The library provides a place for people to get movies when other sources aren't available (remember the Wherehouse?) or inaccessible (how do you order from Netflix if you don't have a computer?), San Bernardino is slowly making a transition from jobs based on muscle power to those based on information and knowledge. To prosper and to attract the kinds of jobs that will be available in the future, we must have a citizenry that is literate, a term that today encompasses both the ability to read and the ability to use computers effectively. The library offers an avenue to a better world. For some, it provides escape through the realm of fiction. For other readers, the library offers through its wealth of books, the opportunity to learn lessons through the lives of others, real and fictional. The library engenders dreams of places one might travel, and often those dreams become the seeds that lift people up to make trips to those places they read about or saw in books in the library. The library offers the resources that allow men and women to train for a new job to sustain or even uplift their families and thus becomes the key to a better life. For some, the library is a refuge against the stifling heat of summer because electricity is too expensive. And perhaps, for a few, the library is the only place they can find peace and quiet; it becomes a bulwark against chaotic lives brought about by circumstances over which they have no control. I am reminded of that old proverb that laments the loss of the war because of the lack of a horseshoe nail. For want of a nail the shoe was lost. For want of a shoe the horse was lost. For want of a horse the rider was lost. For want of a rider the battle was lost. For want of a battle the kingdom was lost. And all for the want of a horseshoe nail. Of course, the value of something seemingly as trivial as a nail is oniy seen in hindsight. The library may only be seen as non-essential in difficult times such as we are faced with today. Public safety is important, but I hope that the Mayor and the City Council will exercise the foresight we expect of leaders and recognize that for want of a library, the city may be lost. I also hope that members of the community will rally to support the library. You can do so in a number of ways. Call the City Council member for your ward and say that the library needs his or her support. You can make a donation to the library by writing a check payable to the San Bernardino Public Library. If you want to give in support of a specific branch, the Board will make sure that your contribution supports that branch. If you simply want to support the library overall, the Board will be grateful for your support. Warm regards, ~~ Dr. Milton Clark, President San Bernardino Public Library Board ofTrustees . Option # Zero Operations Plan As Result of36 - Hours Work Week We would recommend closure of the Feldheym Library on each Friday. While unfortunate, this would be in uniformity to the closure of City Hall each Friday. The implications of the reduction would be that there would no library service available at any City Library facilities on Fridays. Savings: 10% reduction is equivalent to $213,190 ."J ./) Revised Option # 1 as of Library Board of Trustees Meeting 1/30/09 Branch hours were previously reduced fonn 54 to 30 hours per week in August 2008. This option would further reduce hours at three branch libraries from 30 hours per week to 24 hours per week. Hours would be as follow: Monday 12 - 8 p.m. Tuesday 12 - 8 p.m. Wednesday 10 - 6 p.m. Implications of Reduced Services: . Fewer hours for homework help . Fewer hours for public use of computers . Would have to reconsider story time days at branches Savings from ntll time vacancies and part- time employees at three branches: $278,498 and additional savings in operational cost. Inghram Branch! Library Pages - Rowe Branch/Library Pages ViIlasenor/Library Pages Deputy Library Director Branch Manager 1 @ Rowe Br. Library Technician II @ Rowe Br. Total Personnel Savings $2,500 7,500 2,500 134,481 73,190 58327 $278,498 0//1 Revised Option # 2 as of Library Board of Trustees Meeting 1/30/09 Reduce branch hours from 30 hours per week to 24 hours per week and close Feldheym on Thursdays. Feldheym hours would be: Monday - Wednesday 10 - 8 p.m. Saturday 10 - 6 p.m. Full- time staff would be working 4 - 9 hour days. Omit part-time librarians, library technicians and Interns. Implications of Reduced Service: . Feldheym would only be open Monday, Tuesday, Wednesday and Saturday . Would undoubtedly negatively affect fines, fees, checkout periods, revenue collected for computer printing fees, photocopier fees . Meeting Rooms unavailable for much of the week, less revenue collected . Fewer hours homework Assistance . Fewer hours Public Computer use . Fewer opportunities for youth activities . Fewer hours for filing for unemployment benefits, resume preparation and job hunting. Savings: from full time vacancies and part-time employees at three branches and Feldheym Central Library: $378,498 plus some additional savings in operational cost. Deputy Library Director Branch Manager I @ Rowe Br. Library Technician II @ Rowe Bf. Reduction in Part-time hours Total Personnel Savings $134,481 73,190 58,327 100_000 $378,498 01130109 i../.'11 Option # 3 analysis Temporarily close three branches; Feldheym on minimal four day per week schedule. Feldheym would be reduced from 54 to 38 hours per week: Monday, Tuesday and Wednesday 10 - 8 p.m. Saturday 10 - 6 p.m. Implications of Reduced Services: . Will result in a reduction of staff from 30 to 20 full-time positions . Less patron access to nearby library facilities . Would undoubtedly negatively affect fines, fees, checkout periods, revenue collected for computer printing fees, photocopier fees . Meeting Room unavailable for much of the week, less revenue collected . Fewer opportunities for youth activities . Fewer hours for filing for unemployment benefits, resume preparation and job hunting . Fewer hours available for homework help and family access to libraries . For Inghram, we would have to remove collection or have church suspend monthly rental fee ($3,669) . Still obligated to pay monthly bill to Verizon for computer and phone lines at branches . Many patrons do not have money or transportation to easily reach the Feldheym Library . In addition to regular library services, literacy services would only be available 38 hours per week · Still obligated to pay Canon monthly lease and maintenance for photocopiers at Branches. J/ Option # 3 Savings: Positions listed below include salary & benefit costs: Deputy Library Director Library Assistant @ Feldheym Branch Manager I @ Rowe Library TecImician II @Rowe Branch Manager I @ Inghram Library Technician II @ Inghram Branch Manager II @ Villasenor Library Technician II @ Villasenor Sub-total personnel savings: Part-time staff: Total personnel savings: Meetings & Conferences Education & Training Rentals (Inghram Branch) Management Allowance Workers compensation, est. 25% Electric (3 branches closed) est. 25% Gas, water, sewer, geothermal, est. 25% Telephone support, est. 25% M.I.S. charges - In house Other Professional Services Other Operating expenses Sub-total Total 01/28/09 $134,481 48,519 73,190 58,327 74,552 52,778 86,640 53.898 $582,385 $140,000 $722,385 3,500 2,000 43,900 600 6,700 32,825 1,750 13,500 4,000 7,130 (Rowe & Villasenor Security monitoring) 5,000 (3M security gate Maintenance @ 3 br.) $120,905 $843,290 2 t/2 . JANUARY MONDAY 28 - 844 FRIDAY 4 - 682 FEBRUARY MONDAY 11 - 701 FRIDAY 29 - 492 MARCH MONDAY 17 - 909 FRIDA Y 7 - 649 APRIL MONDA Y 28 - 662 FRIDAY18 - 581 MAY MONDA Y 12 - 643 FRIDA Y 30 - 562 JUNE MONDA Y 23 - 1030 FRIDA Y 6 - 638 JULY MONDAY 21 - 13I6 FRIDAY 18 - 674 AUGUST MONDAY 4 1143 FRIDAY 16 - 675 CIRCULATION STATS FOR 2008 SEPTEMBER MONDAY 15 - 650 FRIDA Y 5 - 763 OCTOBER MONDA Y 27 - 651 FRIDAY 31 - 841 NOVEMBER MONDAY 10 - 852 FRIDAY 14-641 DECEMBER MONDAY 15 - 522 FRIDAY 12 - 484 J? _ PARKS. RECREATION & COMMUNITY SERYICES Essentially, our reduction proposals are divided into the division of Parks, Recreation and Community Services. Difficult time require difficult decisions and regardless of the decisions made, the Department remains committed to providing quality services and programs for the youth, adults and seniors of this community. Aquatics and Part-Time By re-organizing the department's resources, an elimination of $11 0,000 in Part time Recreation hours between Division 0011388 & 0011389 is possible. The reductions would necessitate modified community center operations, delaylreduction of swim program and other seasonal programming. By closing all aquatic centers, except for the Jerry Lewis Swim Center, the City would achieve an additional $47,000 in General Fund savings. Administration (Division 381) Reduce administrative office staffing by eliminating two Senior Office Assistants for a total savings of $94,032 to the General Fund. Eliminations will result in delayed processing of AP; however, duties will be reallocated to remaining administrative personnel. Park-Maintenance (Division 382) Eliminate the majority of in-house park maintenance operations (25 FT personnel -3 vacancies and 22 filled positions) and contract the entire operations. Included in the proposal would be two (2) PMW I's, ten (10) PMW II's, eight (8) PMW Ill's, two (3) Parks Lead MW, two (2) Plumbers and one (I) Landscape Inspector II. Utilizing the current methodology for LMD's with contract maintenance, the department would separately bid LMD's or groups of LMD's separate contractors andlor bid all operations as a total maintenance package. This proposal provides savings of $964,527 to the General Fund. One PMW II would be allocated to the LMD's to monitor the park maintenance contracts and ensure each LMD is being allocated the correct amount of expense. This would provide an additional savings to the General Fund of $53,000. Community Services Division (Division 383) Hold Recreation Division Manager Position vacant. Savings for FY 2008/09 were already realized at mid-year. General Fund savings of $134,900 will be recognized in FY 200911 O. CID ( Division 384) Closing the Center for Individual Development would require the elimination oftwo (2) full time positions (Program Manager and Recreation Therapist) and eleven (II) part-time positions. The Parks, Recreation and Community Services Li/~ City would reserve $92,000 of the savings of closing the center for a future partnership agreement. Total net General Fund savings are estimated to be $212, I 00. Community Centers: The close of one or all of the City's community centers, senior centers and Operation Phoenix centers will greatly reduceleliminate programs and services to the public. Listed below are the estimated savings from closing each community center, senior center, and Operation Phoenix centers: Delmanll Heights: Discontinuing the City's contract with the Boys and Girls Club would save the General Fund $104,000. Westside Community Center: Discontinuing the City's contract with the New Hope Church would save the General Fund $100,800. Casa Ramona: Discontinuing the City's contract Casa Ramona for the operation of the Drop-In-Center would save the General Fund $50,783 GalaxylNorton Recreation Center: Closure of the recreation center would eliminate one (I) Community Recreation Program Supervisor, one (I) ~ Recreation Coordinator and three (3) part-time employees. Total savings to the General Fund would be $160, I 00. Nicholson Community Center: Closure of the community center would eliminate one (I) ~ Recreation Coordinator and four (4) part-time employees. Total savings to the General Fund would be $58,800. OP East: Converting OP East to an un staffed site would eliminate one (I) ~ Recreation Coordinator and four (4) part-time employees. Total savings to the General Fund would be $82,261. Hernandez Community Center: Closure of the community center would eliminate one (I) ~ Recreation Coordinator and four (4) part-time employees. Total savings to the General Fund would be $64,068. Ruben Compos Community Center: Closure of the community center would eliminate one (I) Community Center Supervisor, one (I) ~ Recreation Coordinator and two (2) part-time employees. Total savings to the General Fund would be $ I 05,624. Parks, Recreation and Community Services 2 .1...-' . OP Central: Closure ofOP Central would eliminate one (I) Community Center Supervisor and four (4) part- time employees. Total savings to the General Fund would be $ 108,0 I O. OP West: Closure ofOP West would eliminate one (I) Community Center Supervisor and four (4) part- time employees. Total savings to the General Fund would be $80,261. 5th Street Senior Center: Closure of the senior center would eliminate one (I) Recreation Coordinator, one (I) Program Manager and one (I) part-time employee. Total savings to the General Fund would be $130,128. Perris Hill Senior Center: Closure of the senior center would eliminate one (I) Community Recreation Program Supervisor and two (2) part-time employees. Total savings to the General Fund would be $100,080. Other Options: Instead of contracting out parks maintenance as described above, eliminate the current LMD contracts and allocate I I General Fund personnel to the LMD's. An estimated 50% of their eligible time (approximately $745,000) less additional M&O expenditures would provide a savings of approximately $3 I 0,000 to the General Fund. (as opposed to the savings $891,300 to contract the services out). Eliminate the department's soccer maintenance contract and assign one (I) PMW II to the Soccer Fund which would provide a General Fund savings of$59,527. Parks, Recreation and Community services could be consolidated with Library, Code Enforcement or other departments. The Parks Division could be maintained, separated or contracted out for increased beautification efforts. The merging of Library and Recreation (Community Services Department) would allow the shifting of satellite branches to the community centers. Determination for executive oversight or exploration of Recreation Services staffing would need to be determined. The elimination of support personnel in any departmental consolidation would also be General Fund savings. Parks, Recreation and Community Services 3 , // . City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Mark Weinberg, City Manager From: Michael A. Billdt, Chief of Police Subject: Potential Budget Reduction Scenarios for FY 2008/09 Date: January 28, 2009 Copies: Patrick Morris, Mayor INTRODUCTION The City of San Bernardino is facing a daunting $12 million budget shortfall for fiscal year 2008/09 and an even greater deficit for fiscal year 200911 O. The City's General Fund budget for FY 2008/09 totals almost $150 million, of which the Police Department's budget comprises $68.9 million or 45.95%. The following matrix illustrates department's percentage of the General Fund and the corresponding budget reductions that the Police Department may need to implement to close the shortfall. Without PD FY 2008/09 Budget Deficit With I'D Sworn Sworn Calculations Contribution Contribution Projected Deficit for FY 2008/09 $12,000,000 $ 12,000,000 Less: 10% employee contribution $ (3,661,677\ (2,167,773) (effeclive March I, 2009) $ Remaining Deficit $ 8,338,323 $ 9,832,227 Multiple by 45.95% (PD pel. DIGenerat Fund) $ 3,83 I ,459 $ 4,5] 7,908 POTENTIAL BUDGET REDUCTION SCENARIOS Consistent with direction from the City Manager, the Police Department put together the following four budget reduction scenarios with varying implementation dates. TIlE SBPD IS COMMITIED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE TIlE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING Ui . ; Budget Reduction - Police Department Page 2 of 4 . Positions Eliminated FY 2008/09 FY 2009/10 Budget Reduction Non Savings Savings Savings Annual Scenarios Sworn Sworn 3/1/2009 4/1/2009 5/1/2009 Savinl!;s Alternative Scenario #2 29 7 $1,532,847 $ 1,22 I ,548 $910,249 $5,432, I 07 Alternative Scenario #1 49 15 $ 2,473,447 $ 1,926,998 $ 1,380,549 $ 8,319,403 Middle Case Scenario 92 15 $ 3,757,957 $ 2,890,38 I $ 2,022,804 $12,279,497 Worst Case Scenario 102 15 $4,451,619 $ 3,4 I 0,627 $ 2,369,635 $13,203,912 The Middle Case Scenario reflects a 10% employee concession by all employee groups. The Worst Case Scenario reflects a 10% employee concession by all employee groups except police sworn. The Alternative Scenarios do not reflect any employee concessions. As with most midterm budget reductions, the scenarios reflect a compressed implementation time frame that greatly increases the overall impact on the Police Department's budget. For instance, in order to make a $4.45 million reduction on March 1,2009, we effectively reduce the department's annual budget by $13.2 million as the cuts mostly involve personnel. Therefore, each of the four scenarios represents significant recurring budget savings for FY 200911 O. ORGANIZA TIONAL IMPLICATIONS All four budget reduction scenarios will reduce the Police Department's Table of Organization, changing the department's organizational structure and impacting our ability to deliver efficient, difference-making law enforcement services. The Police Department is committed to maintaining a 28 beat Patrol policing model. This will ensure maximum operational function and responsiveness to community requests for police assistance. However, the reduction in personnel will have a significant impact on proactive specialized and support units and the roles they play in crime suppression and reduction. Once the Mayor and Common Council ratifies a Budget Reduction Scenario, the Police Department will need approximately two to four weeks to develop a reorganization plan which will be implemented over the remainder of the fiscal cycle. MEASURE Z FUNDING With the passage of Measure Z, the community recognized the need for additional funding to help augment the hiring of police officers. Measure Z added 40 police officers and 10 non- sworn employees to the Police Department's Table of Organization. Without Measure Z funding, the impact of the proposed reduction of police officers would have been even more severe. Regardless of the scenario adopted, without Measure Z our revised Table of Organization would include 40 less sworn and 10 less non-sworn positions. , /0 . ; Budget Reduction - Police Department Page 3 of 4 . REVENUE ENHANCEMENT 1 MANAGEMENT PARTNERS RECOMMENDATION The Police Department researched and developed the following revenue enhancements and new revenue generating programs that could be implcmented in FY 2009/1 0 to offset the budget shortfall. However, these revenue enhancements will have no impact on the budget deficit for FY 2008/09, which makes implementation of one of the budget reduction scenarios for FY 2008109 even more critical and time sensitive. The Police Department reviewed the Management Partners recommendations and these are reflected in the revenue enhancements; i.e., an increase in alarm fees. PROTENTIAL FY 09/10 REVENUE ENHANCEMENTS User Fee Increases $ 49,098.50 Phase III Red Light Camera (RLC) $ 55,000.00 City-Operated Tow Yard Facility $761,300.00 Proiected Total $865,398.50 The above schematic illustrates three potential revenue sources for Fiscal Year 2009/10. With respect to increases in User Fees, impound release fees were increased in March 2008, while false alarm response fines have not been increased since 2004. Of the proposed increases for 2009, alarm fees ($28,300.00) and impound release fees ($19,500.00) will total approximately 99% of the User Fee revenue increases. Phase III of the Red Light Camera Enforcement project is at the conceptual stage and must be approvcd by the Mayor and Common Council prior to implementation. Projected revenue is based on a project approval and start-up date of July I, 2009, with vendor services contracts finalized and a staggered construction/build-out schedule of seven to twelve operational intersections. Construction would start in November 2009, and proceed forward with one new intersection each month of the fiscal year. The creation of a City-operated tow impound yard is also at the conceptual stage, with much research and discussion with City leaders in place. Again, actual implementation is contingent upon Mayor and Common Council commitment, action and approval. Proposed revenues for FY 2009/1 0 are based on securing and developing a business-rcady tow yard location by October 1, 2009, and commencing full-fledged operations. Delays in securing a business-ready tow yard will have a negative impact on realized revenues. Revenues will start off low and then peak as vehicles process through the 30-day impound process and are either returned to the owners or sold at lien sales. J/a . .- Budget Reduction - Police Department Page 4 of4 . FY 2009110 BUDGET IMPACTS While the four Budget Reduction Scenarios will cause $5.4 to $13.2 million in recurring budget savings in FY 2009110, it is imperative that we place special citywide emphasis on realizing revenues; controlling operational costs, especially overtime; collecting outstanding debts, i.e. police services at the National Orange Show; and reducing the incidence of waiving fees for special events. ONGOING POLICE DEPARTMENT COMMITMENTS While potential police employee reductions will have a significant impact on the operations of the Police Department, a leaner and smaller-in-size police force will remain committed to: . Maintaining positive communication necessary for collaborating and working hand-in- hand and along side of our neighborhoods, businesses, schools, city departments, elected leaders and other government institutions . Focusing available resources to sustain and build upon our momentum of reducing violent crime. . Maintain a progressive 21 st century business-sense and stable leadership structure. . Take full advantage of current and future technology to maximize employee productivity and public service. . Implementing a common sense, department-wide reorganization that reflects our diminished Table of Organization. There is a high likelihood that patrol shift schedules and hours will be adjustcd to maximize available coverage. . Maintaining our liaison with A TF and developing new collaborations. . Increasing citizen volunteers and Police Reserves. . Proceeding with "Crime Mapper", including filling the vacant IT Analyst position. . Developing an on-line reporting mechanism for low Icvel misdemeanor crimes with no suspect information for more efficient citizen service, thus reducing the need for an on- scene police officer. . Reducing citizen service hours within the Department; i.e., closure of the front desk during late evening and early morning hours. . Eliminating the handling of minor non-injury traflic collisions. . Re-evaluate police service call for service prioritization to maintain "Emergency" call level response times. . Continuing to promote community group involvement and collaboration through the Operation Phoenix Model with prevention, intervention, and suppression components. . Exploring regionalization of specialized police services; i.e. SWAT. . Outsourcing of applicable police services. . Developing alternative service delivery methods. Irm ~" . .. . o ';: 01 C Ql o en N 'II: Ql > +: 01 C ... 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'l' I . ,- , CITY OF SAN BERNARDINO OFFICE OF THE PUBLIC SERVICES DIRECTOR INTER-OFFICE MEMORANDUM TO: Mark F. Weinberg, Interim City Manager FROM: Ken Fischer, Public Services Director DATE: January 27,2009 SUBJECT: Public Services Street Division Budget COPIES: Lori Sassoon, Assistant City Manager For the past several years the City has used a Gas Tax Transfer to repay the General Fund for Street Maintenance activities. Historically, the specific street services covered by the transfer from Gas Tax to the General Fund were not identified. It was just understood that our maintenance activities needed to be at least to the level being transferred. This approach has not been beneficial to the Public Services Department because even though a significant amount of the Department Budget was actually paid by Gas Tax, the expenditures are reported as a General Fund expense. This coming year I hope to change this budget practice and instead budget Street Division operations directly into Gas Tax. This year the total amount of Gas Tax transferred for Street Division use was $3,590,000. Of this total $2,420,000 is for "street maintenance costs", and $1,170,000 was for streetlight costs. With the immediate need to allocate these funds and consider steps to further reduce cost to the General Fund, I recommend the following: Section 401 Public Services Administration has a total budget of $283,700 in the General Fund. I recommend that we adjust the General Fund salary amounts downward by a total of $92,086. The affected employees are: 1. Senior Customer Service Representative, 25% charge to sewer is $13,848 2. Development Account Technician, 10% to sewer and 10% more to refuse for a total of $10,172. 3. Administrative Services Supervisor, 50% to sewer for a total of $36,862. 4. Director of Public Services, 10% more to refuse for a total of $19,652. 5. Executive Assistant to Director, 15% to sewer for a total of $11,551. The shifting of the funding sources is in recognition that the positions enumerated above provide staff support or direction to the sections funded through restricted refuse andlor sewer revenues. With the above funding shift the total General Fund exposure is reduced to $191,614. would like to apply $191,614 in Gas Tax to reduce the General Fund exposure to zero. -, /""""'~ . " . Section 402 Street Maintenance has a total budget of $1,355,700. This entire work section is funded with Gas Tax. This section has a vacant Equipment Operator position that has not been replaced due to the City Manager directed hiring freeze. This section is fully funded through Gas Tax and my hope is to be able to fill this vacant position. Section 404 Street Tree Maintenance has a total budget of $503,300. This entire work section is funded with Gas Tax. We are unable to complete our work orders because the number of work requests has grown from approximately 100 to 150 per month and we budgeted last year based on 100 average requests. The Arborist position was frozen as part of the City Manager directed hiring freeze. With the loss of the Arborist and the increased work demand for safety trimming this work section no longer meets an acceptable service level and additional funding is necessary to meet the demand for safety related tree trimming. If we contract out all street tree maintenance services, it will require the elimination of four of the five positions in this Section. We would eliminate the SupervisorlArborist, Tree Trimmer I, Tree Trimmer Assistant, and a Maintenance Worker I. I would retain the Tree Trimmer II to validate the work of the contractor and assist as necessary on any other tree maintenance issues, such as claims for damage involving tree growth. An increase of the tree trimming contract by $138,379 would allow for the tree trimming services to be maintained at current levels. The elimination of the four previously mentioned positions and associated internal service and maintenance cost reductions, net of the increase in contractual services, will save the City approximately $187,400. Section 405 Right of Way (ROW) has a total budget of $575,600. ROW operations have been transferred into the Refuse fund and has been assigned the new Section number 416. The Refuse Fund is committed to pay $343,000 of the $575,600 cost for ROW. This leaves a balance of $232,600 that the General Fund is to reimburse the Refuse Fund. I propose that the $232,600 remaining balance to be charged to the General Fund be full absorbed by the Refuse Fund. Section 406 Concrete is has a total budget of $374,500. This entire work section is funded with Gas Tax. Section 408 Traffic Signal Maintenance has a total budget of $1,158,300. I propose reducing this amount by $150,216 in Personnel Services costs to reflect the contracting out of traffic signal preventive maintenance. We use two traffic signal technicians to complete preventive maintenance on all 265 traffic signals. These employees complete preventive maintenance checks using the Caltrans checklist for traffic signal preventive maintenance. After the signal preventive maintenance check is completed any further work to be done is written up and a separate repair crew returns later to make the signal repairs. We have three traffic signal technicians to complete any necessary repairs. It is very cost effective to contract out the preventive maintenance portion of traffic signal maintenance because the practice is routine and follows standard Caltrans procedures. We could have a temporary contract for traffic signal preventive maintenance in place within 30 days. In the event there is an attachable bid available we can have an annual <2 . , . agreement in place in the same 30 day period. A formal bid would take a short period of time because we are only seeking bids to complete preventive maintenance based on the Caltrans preventive maintenance checklist. There will be no noticeable difference at the traffic signals. Our remaining City crew will continue to do all the repair work and serve on the standby crew for after hour call outs regarding the traffic signals. Along with the $150,216 staff reduction, I have raised the Contractual Services costs $70,000 to reflect costs associated with contracting preventive maintenance on traffic signals. I used the City of Ontario pricing for the preventive maintenance work as a guideline for this estimate. Assuming all the reductions of positions in this memo, of the total cost of this section, Gas Tax will fund $994,608 and the General Fund will be responsible for $83,476. Section 409 Street Lighting has a total budget of $1,568,400. All services are contracted out with the exception of one Electrician I position who handles all Underground Service Alert markings. I propose transferring 50% of this employee's salary to the sewer fund. This would be a $32,872 savings to the General Fund. $357,702 of this section's costs are funded through Gas Tax. The General Fund subsidizes $1,177,826 of this work section. Section 635 Fleet Services has a total budget of $8,108,500. Of this amount over $4,000,000 is for fuel, contract maintenance, or materials and supplies. All costs are charged back to customer departments. Adjustments to the Fleet Staff will be largely dependent upon actions taken in user departments. If there are significant reductions in staffing, there will be a reduction in vehicle and equipment use, which should result in staff reductions on the light duty side of the operation. I do not see reductions in the heavy equipment area because virtually all of the costs are for the IWM division or the sewer section, which are enterprise funds and we struggle to meet mandated 90 day inspections on all our commercial vehicles. However, I do see additional revenues that we have not anticipated. Federal law provides for a 50 cent per gallon pumped rebate for every gallon of LNG or CNG pumped. In Calendar 2008 we pumped 340,000 gallons and are due a $170,000 rebate. In addition, we anticipate pumping 524,000 gallons in calendar 2009, which will mean an additional $262,000. We have a contract with a tax consultant that is being amended to include completing the work necessary to claim these federal rebates. We plan to receive the entire $170,000 for Calendar 2008 and receive quarterly payments for the rebates in Calendar 2009. During the final six months of this fiscal year we will be entitled to another $115,000 in LNG fuel rebate for a total of $285,000 this fiscal year. This is less than half the annual total of rebate expected. This is the case because we will not receive the 12 additional refuse vehicles that will run on LNG until at least May. Please note that the rebate funds are not tied to the price we pay for LNG/CNG. The Federal payment is just an incentive to promote the use of LNG/CNG fuel. We should be able to apply these revenues to the General Fund. <:,J . j.' c The cost increase to the Sewer Fund would be $100,220. On January 1, 2009 a 5% rate increase went into effect. This recent rate increase will allow for these additional expenditures without impacting service levels. The cost increase to the Refuse Fund would be $257,338. On January 1, 2009 a 15% residential and 18% commercial rate increase went into effect. These increases will allow for these additional expenditures without impacting services levels or impacting the ability of IWM to proceed with implementation of the Business Plan. The attached spreadsheet lists all the various costs, and how they will be paid. A recap of the attached spreadsheet is as follows: FY 2008-09 Re-Cap of Budget Balancing Measures: General Fund Reductions Sewer Fund Allocation 100,220 Refuse Fund Allocation 257,338 Position Reductions 415,919 Other Expenditure Reductions 60,100 Less: Contract Service Additions (208,379) Net General Fund Reductions 625,198 Revenue Enhancements: Federal LNG/CNG Rebate 285,000 Total Revenue Enhancements 285,000 Total Budget Balancing Measures $910,198 ~, " - - .. u Qj ~ ~.E Cl", ;; " Z,Z .. .. " g~ '> u ~ ::> cl:~ C , - <0<0 1'-1'- ...... MM <Xl <Xl <0 N '''' ' .; 0<0 ON , "'<Xl cOr-: <01'- ~ N o ~ ;0 N_ ~--~~~~~~~~~~~~~-~~~~~--~~~~~~~~-~~~~~~~~~ ~ {ij .'2 .., " ,S! 13 " " ~ i " .Q 'Iii ~ -5 ,S 32 " o '" .., ..., 'E' " o S .. 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N o I'- ,..: "' '" o o o ci '" "' ..; ... o o on .,; ~ <Xl .0 ...J ... >- c >- c z ... '" Cl 1- ,,-/ , , INTER OFFICE MEMORANOUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNAROINO Date: Mayor and Common Council John F. Wilson, Senior Assistant City Attorne~ February 2, 2009 To: From: RE: Impracticability of Closing City Attorney's Office On Fridays CC: City Clerk, City Manager The City Attorney's office will contribute to the budget adjustment by processing more cases in-house, by aggressively developing the administrative civil penalty (ACP) program, and by billing EDA and other non-general fund accounts for services provided by this office. Critical and significant savings are a result of the office's loss prevention function which naturally expands as a result ofthe budget cuts in other departments. Any savings proposed to be derived from other approaches are illusory. The City Attorney's Office fully recognizes the critical condition of the City budget. The proposed cuts and revenue enhancements that the City Manager has put forward to address the issue are the types and levels of adjustments that rnust be made. Ten percent of the bones of City operations must go. As the City Manager has recognized, a uniform 10% cut across City departments is not the answer. Cherished beliefs concerning the contribution of a department to the health of a community must be adjusted. Unrealized but critical functions must be appreciated. The actual contribution of a department to the City during the period of budget adjustment and to City operations after the changes are in place is what is important now. The demands on the City Attorney's office do not diminish, but increase in this environment; the volume of legal work generated by the public and the departments does not diminish as a result of the budget adjustments. Personnel and Human Resource issues must be worked through during the implementation of budget cuts. Experience shows that with staff reductions at the department level there will be increasing tacit and implicit reliance on the City Attorney's office to catch potentially costly errors in processing. City staff will become fatigued, and begin to take short cuts - sometimes to save money - in ways that are inappropriate. Additionally, staff reductions mean fewer people to bring their problem solving skills and Entered Into Rae, at MCCICDC Mfg::- IL~ r by: ~ Q..z;[; Agenda He No: / ~ by: y~ ~ City Clerk/CDC Secretary City of San Bernardino F:\WILSON\Mayor\City Atty Fri Closures 2.2.09.wpd , .' experience to bear at the department level, no second set of eyes, and people required to take actions beyond their level of competency to get the work done. This fatigue and reduced level of review has repeatedly occurred after previous City staff layoffs. After the budget cuts, if an attorney is not available to answer questions as needed, departments will start acting as their own attorney. The chief problem is that they don't recognize problems, and what were small issues become lawsuits. What it takes to resolve a legal problem is not changed by the fact that the City has made a budget adjustment. That translates into a minimum level oflegal work to be performed on behalf of the City. The City Attorney's office is the most cost effective way of providing those legal services. This is especially true when you factor in the ability to catch problems early and the sensitivity to potential problems that comes from regular work with the staff. The least experienced deputy city attorney is paid $63.86 per hour. The least expensive outside attorney is $145.00 per hour. Given the minimum level of work involved, and a substantial inability to control the number of legal problems to be addressed through the budget process, cutting the staff in the City Attorney's office has counter-intuitive results. Instead of the costs oflegal service going down it goes up. A reduction of persons in-house to handle problems means that outside staffing must be acquired at an additional cost. Reducing the number of days staff works does not reduce the number of days needed to do the work, and, because of court calendars and outside counsel calendars, it does not place a control on the days when the work is to be done. This will result in an increase in overtime, not only for the attorneys, but for the support staff as well in that the attorneys cannot do the work without appropriate support staff. Because both the State and Federal courts are open each Friday, we have court appearances, and other legal deadlines Monday through Friday requiring the office to be open and staffed every day, including each Friday. Moreover, having only a minimum number of employees present is not practicable any day of the week, including Fridays. We have examined the possibility of having only one legal secretary and one attorney working on Fridays. A careful review of mandatory court appearances, deadlines for answers to complaints, depositions, settlement conferences, case management conferences, and trials results in the conclusion that at least 50% of the legal staff is necessary each Friday. In addition this office is subject to receiving 24-hour notices of ex parte hearings on Fridays, the same as any other weekday. A reduction in the number of personnel produces additional problems. The office has evaluated a number of scenarios for the reduction of attorneys and investigators. In one, there would initially be a gross savings of $102,000 in salary. However, the individuals involved must be paid $82,000 in accruals for a net one time savings of $20,000. Further, other personnel or outside counsel would be required to take over the cases and administrative advisement duties performed by the attorney at an additional cost. There would be no savings, but a net increase. The same basic result was achieved in the alternative scenarios evaluated. 2 F:\WILSON\Mayor\City Atty Fri Closures 2.2.09.wpd -- I . . . . The investigators are important to the processing of the administrative civil penalties (ACP's). This is a program derived from one that has been in place in the City of Riverside for approximately 5 years. We use that program as a model. It has proven to be an effective way to achieve compliance with the City's code enforcement provisions, and has the secondary advantage of being a source of revenue to support code enforcement operations. The program involves a hearing before a hearing officer who determines liability and assesses penalties for violations of the City codes. Based on actions to date, a stream of income has developed from this process. It is anticipated that more significant revenues will be derived from the program after its 3rd year of operation. This is because our ordinances require that there be $100,000 in penalties assessed against a property before it can be made the subject of a foreclosure action. With a sale at foreclosure, the evidence suggests that $80,000 to $100,000 per sale in cash proceeds may be generated by the program resulting from the sale of property. It is important that at this stage, the program be properly supported. In this regard it is noted that while this office has a well researched belief in the legality of the effort, questions remain. It is important that an attorney, administrative analyst and clerical support continue to provide close supervision and accountability to avoid any unintended or unnecessary glitches that may render the program vulnerable to a successful court challenge. You are asked to note that the attorneys, legal secretaries and investigators in the San Bernardino City Attorney's Office have repeatedly demonstrated their willingness to make personal sacrifices for the benefit of our client, the City of San Bernardino. This past September, all but one of the attorneys and all legal secretaries accepted a 5% reduction in our pay without objection. (The attorney who did not receive the reduction was a .new hire and was exempted by vote of the Mayor and Council.) In addition to the 5% pay reduction in September, the City Attorney also declined to accept his annual 5% pay increase in December. To the best of our knowledge, in all of the other city departments where a 5% pay cut was enacted, each of those employees received furlough days in exchange for the 5% pay reduction. In the City Attorney's Office because it was recognized that furlough days are an impossibility in terms of getting the work done, all effected employees agreed to forgo the furlough days that were offered by the City in exchange for the 5% pay reduction. In addition, we have reduced the City Attorney budget for travel, conferences, training, library, advertising, equipment, equipment maintenance, and contractual services. Also, outside counsel have reduced their fees by 5%. As noted above, because our professional responsibilities as attorneys and legal staff require us to carefully and thoroughly work each case assigned to us, be it civil or criminal, we are required to spend as many hours as are necessary to assure that each case is properly prepared. The same is true oflegal advice we must research and provide for city departments and officials. We understand that we cannot properly prepare the cases and perform our other legally- mandated duties if we only work 40 hours a week, or if we only work a 9/80 schedule. Therefore, we are accustomed to working overtime without compensation. Ifwe are mandated 3 F:\WILSON\Mayor\City Atty Fri Closures 2.2.09,wpd " . . to work only four days a week, there will not be enough hours in the work week to enable us to perform our duties at a level of competence sufficient to prevail in law suits and prosecutions. Also, we would be below the minimum amount of work required to represent our client within the bounds of professional competence. Given these facts, if our work week is reduced to four days, it would be necessary for us to work even more overtime hours than we do presently because of the shortened work week. However, because the reductiou of the total work-week hours would be lowered by one day, our pay would be on an hourly basis and we would therefore lose our FLSA exemptions. Consequently, the City would have to compensate us at time and one-half our hourly wages, calculated without benefits. Because attorneys, city attorney investigators and supervising legal clerical staff are exempt from the Federal Fair Labor Standards Act (FLSA) none of the personnel in these three categories presently receives additional compensation for overtime worked. As professionals we are expected to put in whatever hours are needed to properly prepare our cases and to perform our other legal duties according to the professional standards of our profession. To do otherwise would subject us to disciplinary action by the State Bar if our failure to properly prepare and perform our duties is found to constitute malpractice. With the institution of a 4 day work week, the economics of the relationship is changed as a matter of law, and not at the behest of the staff. An examination of the overtime hours worked by attorneys and other FLSA exempt employees in our office last year demonstrated a high number of overtime hours worked as well as a high level of commitment. For example, one attorney who primarily advises the Development Services Department worked 392 overtime hours without pay in 2008. Our in-house appellate lawyer worked 424.9 overtime hours, also without additional pay. While the overtime of other attorneys varies depending on their assignments and legal experience and expertise, it is clear that if we have to pay overtime to the City Attorney FLSA exempt classifications, the costs of the overtime will not only cancel out the savings to the city, but will actually cost the city more than is currently being paid in salaries on a 9/80 work schedule. As attorneys, our pay would be considered high compared to most other non-management city employees. Our hourly salaries, with benefits range from a low of $63.86 per hour to a high of$98.66 for a Senior Assistant City Attorney. Given the above considerations, it is not cost effective for this office to reduce its hours and rernain open only four days per week. For these reasons I request and recommend that the San Bernardino City Attorney's Office be exempted by the Mayor and Common Council from the imposition of a four day work week. I have discussed these difficulties and realities with the City Attorney and he concurs with my recommendation. 4 F:\WILSON\Mayor\City Atty Fri Closures 2.2.09.wpd ~ J ~ INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO TO: Mark Weinberg City Manager Stephanie D. Easland ~/ Assistant City Attorney ~ntered Into Rec, at MCCICDC Mtg: 1./Jo 1 'yo ~~ ~~1 'V' jj ~ ~i1V Clerkl DC Secretary ,;iiy 01 San Bernardino FROM: DATE: January 22, 2009 RE: Proposal to Close City Hall on Fridays CC: Patrick J. Morris, Mayor; Council Members; James F. Penman, City Attorney; Rachel Clark, City Clerk; David C. Kennedy, City Treasurer; Department Heads FACTS: During closed session on January 5, 2009, the City Manager obtained authorization from the City Council to pursue closing City Hall on Fridays in an effort to decrease this fiscal year's impending budget shortfall. This proposal raises a number oflabor/personnel issues implicating the Meyers-MiIias-Brown Act (MMBA), the Federal Fair Labor Standards Act (FLSA) and the Memorandums of Understanding of the affected bargaining groups. CONCLUSION: The decision to partially close City Hall and implement involuntary furloughs, i.e., temporary layoffs, is not subject to the MMBA's mandatory bargaining requirements. However, the effects of such a decision are subject to the MMBA's meet and confer requirements. As for changing employees' schedules in order to implement furloughs, the General and Mid- Management Memorandums of Understanding define their members' work schedules, except as otherwise provided, as either a 5/40, 9/80 or 4110 schedule. However, the MOUs also provide for adjustments to these defined work schedules "as may be necessary for the efficient and economical provision of services for the public." If a schedule change is contemplated, these MOUs require two weeks notice of any schedule changes before such changes are implemented. F:\EASLAND\City Attomey\PropCloseCityHaIlFri.CMgr.mem.wpd An involuntary furlough is the equivalent of a temporary layoff. If an employee's schedule is changed to facilitate a closure of City Hall on every other Friday, the General and Mid-Management MOUs, in their management rights provisions, reserve to the City the unrestricted authority to layoff personnel on those closure days. However, the effects of such a layoff are subject to the meet and confer requirements ofthe MMBA, and any proposed furloughsllayoffs would be subject to the Civil Service Rules regarding layoffs for affected classified employees. As for salaries, the subject MOUs incorporate the salaries set forth in Resolution 6413 which sets forth the salaries of the City's non-safety employees using ranges, and steps within such ranges, based upon a monthly amount. However, these MODs do not guarantee the entire monthly amount in the event an employee takes unpaid leave, and in fact, the practice is to reduce an employee's salary accordingly using an hourly rate that corresponds to the monthly amount. Since the proposed furloughs are the same as unpaid leave, an affected employee's salary can be reduced accordingly. In regard to issues that are subject to the MMBA's meet and confer requirements, the MMBA allows for the immediate adoption of an ordinance, rule, resolution or regulation without prior notice to, or meeting with, the unions in cases of emergency. However, the emergency must be articulated beyond mere speculation and with a substantial likelihood that serious harm will be experienced unless immediate action is taken. Furthermore, such bargaining requirements cannot be suspended based upon a proposal being more convenient, or in the City's best interests, and such action should not be taken lightly and without serious consideration of the existing circumstances. Lastly, involuntary furloughs with a corresponding reduction in pay will cause any FLSA exempt employees subject to such furloughs to lose their FLSA exempt status for those weeks where the deduction is imposed. The result is that these employees, who are normally exempt from the payment of overtime will be entitled to overtime wages for those hours worked over 40 hours in that workweek. DISCUSSION: From a labor standpoint, a primary issue is whether the proposal to close City Hall is a meet and confer matter or whether it falls within the City's management rights so as not to require bargaining with the labor groups. The MMBA governs labor management relations at the local government level. One of its stated purposes is to promote full communication between public employers and employees. To effect this goal, the MMBA obligates employers to bargain in good faith with employee representatives about matters within the "scope of representation." Pursuant to Government Code ~3504, "[t]he scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order." The employer may be relieved from its bargaining requirements under the "merits, necessity, or organization" language of Government Code ~3504 as courts have held that this limiting language was intended to exclude general managerial policy decisions. See, Fire Fighters Union, F:\EASLAND\City Attomey\PropCloseCityHaIlFrLCMgr.mem.wpd 2 Locali186, international Assoc. Of Firefighters, AFL-CiO v. City of Vallejo, 12 Cal.3d 608, 616 (1974). In Fire Fighters Union v. City of Vallejo, the court noted that in Government Code S3504, the phrase "wages, hours and other terms and conditions of employment" was taken directly from the National Labor Relations Act, which provides that "to bargain collectively is. . . to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment. . .." 29 U.S.C. SI58(d). The court found that "the adoption oflegislation providing for public employment negotiation on wages, hours and working conditions just as in the private sector demonstrates that the Legislature found public sector and private sector employment relations sufficiently similar to warrant similar bargaining provisions," and concluded that the bargaining requirements of the National Labor Relations Act (NLRA) and cases interpreting them may be properly referred to for interpreting the scope of bargaining under the MMBA. City of Vallejo, 12 Cal.3d at 617. In regard to the issue of a partial closure of a business and the employer's bargaining obligations, the U.S. Supreme Court, in First National Maintenance Corporation v. National Labor Relations Board, 452 U.S. 666, 101 S.Ct. 2573 (1981), held that the decision to close facilities due to economic reasons is not part of the "terms and conditions" which mandate bargaining under the NLRA. This holding was based on the Court's conclusion that the "harm likely to be done to an employer's need to operate freely in deciding whether to shut down part of its business purely for economic reasons outweighs the incremental benefit that might be gained through the Union's participation in making the decision." First National Maintenance Corp., 452 U.S. at 686. The Court noted that requiring mandatory bargaining in such a situation would give unions a powerful tool for achieving delay, "a power that might be used to thwart management's intentions in a manner unrelated to any feasible solution the union might propose." id. at 683. However, the Court also noted that "[i]f labor costs are an important factor in a failing operation and the decision to close, management will have an incentive to confer voluntarily with the union to seek concessions that may make continuing the business profitable. [Citations omitted.] At other times, management may have great need for speed, flexibility, and secrecy in meeting business opportunities and exigencies. . . . The publicity incident to the normal process of bargaining may injure the possibility of a successful transition or increase the economic damage to the business." id. at 682-83. However, despite its finding that the decision to close is not a mandatory bargaining issue, "[t]here is no dispute that the union must be given a significant opportunity to bargain about these matters of job security as part of the 'effects' bargaining mandated by [the National Labor Relations Act]." id. at 681. The same is true at the state level. In California, the Public Employment Relations Board (PERB) has consistently held that a decision concerning the level of service to be provided is a fundamental management prerogative which is not subject to negotiations. See, Mt. San Antonio Community College District PERB Decision No. 297 (1983); Mt. Diablo Unified School District PERB Decision No. 373 (l983);DavisJoint Unified School District PERB Decision No. 393 (1984). An employer's decisions to establish positions and services, eliminate services, abolish filled or vacant bargaining unit positions, and layoffbargaining unit members, are all matters of management prerogative not with the scope of representation. Mt. San Antonio; Alum Rock Union Elementary School District PERB Decision No. 322; Newman-Crows Landing Unified School District PERB F:\EASLAND\City Attomey\PropCloseCityHallFri.CMgr.mem.wpd 3 , < Decision No. 223 (1982). However, the effects of these decisions may be negotiable to the extent that they impact terms and conditions of employment of bargaining unit members. Alum Rock As previously stated, the cases interpreting the NLRA are applicable to the MMBA. Therefore, following the holding in First National Maintenance Corp., as well as numerous decisions of Cali fomi a's Public Employment Relations Board, the decision to partially close City Hall is not subject to the MMBA's mandatory bargaining requirements; however, the effects of such a decision are subject to the Act's meet and confer requirements. In that regard, the proposed partial closure will affect employees' work schedules, wages, and workload. These effects resulting from the closure of City Hall will need to be addressed with the applicable unions representing the affected employees through the meet and confer process. Another issue that arises with the City Manager's proposal to close City Hall is how the current Memorandums of Understanding (MOUs) with the employee unions affect such a decision in light of the fact such closure will result in the involuntary furloughs of employees. Both the General Unit and Mid-Management Unit MOUs define their members' work schedules, "except as otherwise provided for," as follows: (I) a 5/40 schedule consisting ofa forty (40) hour work week, consisting of five (5), eight (8) hour days, exclusive of any meal periods; (2) a 9/80 schedule consisting of eighty (80) work hours in a two week period, consisting of eight (8), nine (9) hour work days and I, eight (8) hour work day, exclusive of any meal periods; and (3) a 4/1 0 schedule consisting ofa forty (40) hour work week consisting off our (4), ten (10) hour work days, exclusive of any meal periods. See, General Unit Employees Memorandum of Understanding, Article VI - Working Conditions, Section I(A); Middle Management Employees Memorandum of Understanding, Article VI - Working Conditions, Section I(A). Both MOUs also provide for adjustments to the defined work schedules and state "[i]t is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required." General Unit MOU, Article VI - Working Conditions, Section I(B); Middle Management MOU, Article VI - Working Conditions, Section I(B). In such case, the subject MOUs require the City to give the employees and unions two weeks notice of any proposed changes. Therefore, the MOU allows management to change the defined work schedules as may be necessary for the efficient and economical provision of services for the public. In the case of City Hall closures, the necessity to adjust certain employees' work schedules arises due to the fact the work facilities are being closed in an effort to reduce a budget shortfall, however, the MOUs require two weeks' notice of any schedule changes before such changes are implemented. Additionally, requiring involuntary, unpaid furloughs due to closing City Hall one day every other week is, in effect, effectuating a temporary layoff of employees. As stated by the U.S. Supreme Court in Fishgoldv. Sullivan Drydock & Repair Corporation, 328 U.S. 275, 66 S.Ct. 1105 (1946), a furlough is not considered a discharge, it is a form ofIayoff, as is a leave of absence. Id. at 287. In the subject MOUs, the City, in its management rights provision, reserved the unrestricted authority to layoff personnel as set forth in Article I, Section I of the General and Middle Management MOUs: [T]he City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its F:\EASLAND\City Attomey\PropCloseCityHallFri.CMgr.mem.wpd 4 management rights, which include but are not limited to: . . . determine the method and means to relieve its employees from duty because oflack of work or other lawful reasons, maintain the efficiency of governmental operations; determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted. .." General and Mid-Management MOUs, Article I, Section 1. Again, the effects of such temporary layoffs would be subject to the meet and confer requirements of the MMBA since such action affects the terms and conditions of employment, as well as the wages of affected employees. Additionally, the proposed furloughsllayoffs would be subject to the Civil Service Rules regarding layoffs for those affected classified employees. As to the effect the proposed furloughs would have on employees' salaries, both the General Unit and Mid-Management MOUs state that salaries are per Resolution 6413, as amended by the Mayor and Common Council. Resolution 6413 sets forth the salaries of the City's non-safety employees using ranges, and steps within such ranges, based upon a monthly amount. When the Finance Department issues paychecks to City employees, these monthly amounts are broken down into an hourly rate, and if an employee uses any unpaid leave, or no-pay status, the hourly rate is used to reduce the employees' salary. Such would be the case in regard to furloughs. The employee's salary would be reduced by the amount of time not worked due to the partial layoff. Although the monthly salaries set forth in Resolution 6413 are incorporated into the General and Mid-Management MOUs, nowhere is such monthly amount guaranteed regardless of whether an employee works or not. However, since this is a temporary layoff, in some circumstances, certain employees may be eligible for unemployment insurance benefits based upon their partial unemployment on those weeks where they are involuntarily furloughed.l In the situations where the City is required to meet and confer, the MMBA also allows for the immediate adoption of an ordinance, rule, resolution or regulation without prior notice to or meeting with the unions in cases of emergency. See, Government Code S3504.5. However, what shall constitute an emergency is left unexplained by the MMBA. In Sonoma County Organization of Public/Private Employees, Local 707, SEIU, AFL-CIO v. County of Sonoma, I Cal.App.4th 267 (199 I), the court explained that "emergency has long been accepted in California as an unforseen situation calling for immediate action." Id. at 276." Not only must urgency be present, the magnitude of the exigency must factor. Without question, an emergency must have 'a substantial likelihood that serious harm will be experienced' (citation omitted) 1 Under the provisions of the Unemployment Insurance Code, a person must be "unemployed" to be eligible for unemployment insurance benefits. The definition of "unemployed" for benefit eligibility purposes, is contained in Section 1252 of the Code which, in pertinent part, provides: "(a) [a]n individual is 'unemployed' in any week in which he or she meets the following conditions: . . . (2) Any week ofless than full-time work if the wages payable to him or her with respect to the week, when reduced by twenty-five dollars ($25) or 25 percent of the wages payable, whichever is greater, do not equal or exceed his or her weekly benefit amount. . ." F:\EASLAND\City Attorney\PropCloseCityHalIFri.CMgr.mem.wpd 5 . . unless immediate action is taken. The anticipation that harm will occur if such action is not taken must have a basis firmer than simple speculation. (Citations omitted.) Emergency is not synonymous with expediency, convenience, or best interests (citations omitted) and it imports more . . . than merely a general public need. (Citations omitted.) Emergency comprehends a situation of "grave character and serious moment." !d. at 277. Therefore, if an emergency can be articulated beyond mere speculation and with a substantial likelihood that serious harm will be experienced unless immediate action is taken, legislation may be immediately implemented prior to engaging in the meet and confer process. However, the "possibility of misestimation inheres in the concept of a perceived peril's imminence, in the discretionary nature of the power to declare an emergency, and in the deference courts must accord such a determination by the responsible legislative body." Id. at 279. The realization of feared harm is not the criterion of governmental power to act. See, Dennis v. United States, 341 u.s. 494, 509- I 0, 71 S.Ct. 857 (1951). Clearly, any cessation of services that would endanger the public's health and safety would justify a determination that there was a substantial likelihood that serious harm would be experienced, thereby relieving the City from its meet and confer responsibilities prior to enacting legislation to address the situation. However, such bargaining requirements cannot be suspended based upon a proposal being more convenient, or in the City's best interests, and such action should not be taken lightly and without serious consideration of the existing circumstances. Additionally, it should be noted that the involuntary furloughs along with a corresponding reduction in salary for FLSA exempt employees will cause those exempt employees to lose their FLSA exempt status for those weeks where the deduction is imposed, thereby entitling these employees to overtime wages for those hours worked over 40 hours in that workweek. Although the FLSA does not normally allow for the furlough of exempt employees without losing their exempt status, a special exception has been enacted for public sector entities. Specifically, 29 C.F.R. 541.710(b) provides that: Deductions from the pay of an employee of a public agency for absences due to a budget required furlough shall not disqualify the employee from being paid 'on a salary basis' except in the workweek in which the furlough occurs and for which the employee's pay is accordingly reduced. F:\EASLAND\City Attomey\PropCloseCityHallFri.CMgr.mem.wpd 6 . I Thus, this provision means that overtime exempt employees must be treated in all aspects like a non-exempt employee during the workweek in which the furlough occurs, but will not lose their exempt status permanently. In essence, during the week of the furlough, the exempt employee must be temporarily switched to non-exempt status and is governed by all FLSA rules and regulations pertaining to non-exempt employees; e.g., the employee shall be eligible for overtime compensation should helshe exceed the overtime threshold.2 Therefore, the City needs to be aware of the overtime exposure as a result of implementing regular and recurring furlough days, thereby causing exempt employees to lose their exempt status for those weeks in which a deduction is claimed. For Department Heads, managers or other FLSA exempt employees who put in a lot of work hours, losing their exempt status could prove costly to the City if their hours are not carefully monitored. 'The way the current 9/80 workweek is calculated, i.e. from noon Friday to noon the following Friday, poses a problem in regard to this regulation since the proposed furlough of every other Friday will fall within two workweeks, thereby causing exempt employees to lose their exempt status in every workweek. F:\EASLAND\City Attomey\PropCloseCityHallFri.CMgr.mem.wpd 7