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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Councilmember Chas Kelley Subject: Resolution of the Mayor and Common Council
of the City of San Bernardino Rescinding its
Dept: Council Office Motion of February 17, 2009 by which it
approved the elimination of twelve positions in
the Fire Department and requiring said positions
to be backfilled effective April 21, 2009.
Date: April 14, 2009
Synopsis of Previous Council action:
On February 17, 2009 the MCC adopted a resolution approving the City Manager's Modified Budget Strategy
(Exhibit I and attachments) that included the elimination of up to twelve (12) sworn positions in the Fire Department
by deleting vacancies and/or by attrition, thus removing the fourth person from most of the nine (9) engine companies
that were then staffed with four fire fighters.
Recommended motion:
That said resolution be adopted.
Contact person: Chas Kellev. Councilmember
Phone:
5208
Supporting data attached: Staff Report
Ward: All
FUNDING REQUIREMENTS:
Amount: $1.200.000.00 - $1.600.800.00
Source: (Acct. No.)
( Acct. Description)
Finance:
(~/) /fenON 777Kc AI)
Council Notes:
Agenda Item No. ~~ ~
4.20-0'1
75-0262
Unchanged 6.1.06
F,\WILSONIAGENDA RFCA\RFA CKelley 4.14.09.wpd
STAFF REPORT
Council Meeting Date: April 20, 2009
To:
Mayor and Common Council
Chas Kelly, Council Member ~ It ~ I
Fifth Ward ,- 11
April 15, 2009
From:
Date:
Agenda Item:
At the City Council meeting on February 17, 2009, the Mayor and Common Council acting
on Agenda Item # 18, approved the elimination of up to twelve (12) sworn positions in the Fire
Department by deleting vacant positions and/or by attrition. This implemented recommendation
was in the backup and included "removing the fourth person from most of the nine (9) engine
companies that are currently staffed with four firefighters." (February 2,2009 memorandum from
the City Manager to the Mayor and Common Council.)
At the Council meeting on February 17, 2009 when this recommendation was adopted, there
was some confusion as to what agreement had actually been reached with the San Bernardino
Professional City Firefighters' Association regarding the 10% requested wage concession from that
bargaining unit's members.
In fact, in a memorandum to the Mayor and Common Council, prepared that day, Interim
City Manager Mark Weinberg stated, "Within the last two hours, I have learned that we have reached
agreement with the Firefighters' Association regarding the equivalent to a 10% wage concession,
the details of which I will share with you separately."
When that information was shared with us, I believe in closed session, it was confusing as
to what were the terms of the agreement that had been reached with the Firefighters' Association.
I don't believe most of the Council understood what those details were. I'm not sure that even the
Firefighters' Association members themselves understood that the elimination of these twelve
positions would result in a reduction from four to three firefighters on most of the nine (9) engine
companies that were then staffed with four firefighters. I know that was not my understanding.
Later, when we learned that the Firefighters' Association had declined to sign the proposed
bargaining agreement based on their claim that the information provided to them during the
bargaining sessions was not accurate, it merely added to the confusion.
Because of the serious public safety consequences of this action, which only became
generally known to Council Members on Friday, April 10, 2009 when the reduction in force first
took place, I believe it is necessary for the City Council to reconsider its decision of February 17,
2009, rescind its elimination of the twelve (12) positions and begin to immediately backfill those
vacant positions just as they had been backfilled prior to April 10, 2009.
I further believe we should direct the City Manager to bring us three funding options to chose
among for consideration at our Council meeting on May 4,2009. I do not believe it is our role to
develop these funding options. That is the role of the City Manager and his staff who are charged
with implementing the policy decisions of the Mayor and Common Council.
It is clearly a policy decision as to whether we staff our fire engines with four, rather than
three, firefighters. It is our role to chose which of the three options is implemented and to consider
other suggestions for funding these twelve positions that may be available. But I favor letting the
City Manager and his staff have the first crack at finding the money.
I also want to add that I do not expect to be given three alternatives, none of which are
feasible. Ifwe can continue to offer non-essential programs and fund non-essential centers, we can
find funding for twelve firefighters to meet minimum public safety standards.
I understand that the elimination ofthese twelve (12) positions results in a savings of between
$2,200,000 and $2,600,800. But we are dealing with public safety here folks.
Cal OSHA requires that employers ofF ire personnel shall ensure that at least two employees
enter an area that is immediately dangerous to life or health and at least two employees remain
outside that area (8 CCR 95144).
The National Fire Protection Association's Standard on Fire Department Occupational Safety
and Health program (NFP A 1500 9 8.4.7) requires that in the initial stages of an incident where
only one crew is operating in a hazardous area at a working structural fire, that a minimum of
four individuals shall be required, with two working a crew inside the hazard area and two working
as a crew outside the hazard area where the two outside the hazard area are available for assistance
or rescue.
I understand that our Fire Chief, like other department heads, has had to make some difficult
choices. I further understand that he has attempted to recommend cuts that result in a lower public
safety compromise than other reductions he could suggest. But, the standards I have listed in the
two proceeding paragraphs are the minimum standards our Fire Department should follow.
I believe that we, as a City Council, have an obligation to insure that these minimum
standards are met. It is our job to act today and take the burden off the Fire Chief, his firefighters
and members ofthe public who will reap the benefits that occur when these standards are followed.
I do not believe, given the non-public safety programs we offer and the non-public safety
centers we continue to operate during the current financial crisis, that we can continue to ignore
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important standards of public safety. They translate into safety for our citizens and for our
employees.
It is clear to this Council Member that public safety must come first and if that means
reducing the number of non-public safety programs we offer, or even closing more centers that are
not directly involved in public safety then, so be it. Let the chips fall where they may.
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RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RESCINDING ITS MOTION OF FEBRUARY 17,2009 BY WHICH IT
4 APPROVED THE ELIMINATION OF TWELVE POSITIONS IN THE FIRE DEPARTMENT
AND REQUIRING SAID POSITIONS TO BE BACKFILLED EFFECTIVE APRIL 21, 2009.
5
6 WHEREAS, The Mayor and Common Council met in a Regular Meeting on February 17,
7 2009 to consider the City Manager's Budget Strategy; and
8 WHEREAS, at said Regular Meeting the City Council considered and adopted by motion an
9 amendment to the Interim City Manager's previously presented Exhibit 1; and
10 WHEREAS, by adoption of the Interim City Manager's Exhibit 1, as amended, it was
11 anticipated that there would be no layoffs in the Fire Department, but instead savings were to be
12 achieved by eliminating 12 positions through deleting vacancies andlor by attrition, and there were
13 eight sworn vacancies in the Department at the time ofthe adoption; and
14 WHEREAS, the Fire Department has subsequently commenced providing three (3) Fire
15 personnel to an Engine Company at a number of Fire Stations; and
16 WHEREAS, the California Occupational Safety and Health Administration's (OSHA)
17 procedures for interior structural firefighting(8 CCR 95144) require that the employer of Fire
18 personnel shall ensure that at least two employees enter an area that is immediately dangerous to life
19 or health and at least two employees are located outside the area that is immediately dangerous to life
20 or health; and
21 WHEREAS, National Fire Protection Association's Standard on Fire Department
22 Occupational Safety and Health Program (NFPA 1500 98.4.7) requires that in the initial stages ofan
23 incident where only one crew is operating in the hazardous area at a working structural fire, a minium
24 of four individuals shall be required, consisting of two individuals working as a crew in the hazard
25 area and two individuals present outside this hazard area available for assistance or rescue; and
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F:\WILSON\Resolutions\Rescinding Reduction ofFF 4-09.wpd
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RESCINDING ITS MOTION OF FEBRUARY 17, 2009 BY WHICH IT
2 APPROVED THE ELIMINATION OFTWEL VE POSITIONS IN THE FIRE DEPARTMENT
AND REQUIRING SAID POSITIONS TO BE BACKFILLED EFFECTIVE APRIL 21, 2009.
3
4 WHEREAS, the Mayor and Common Council now wish to rescind their action of February
5 17, 2009 for the purpose of facilitating an increase in the number of Fire personnel assigned to Engine
6 Companies at the Fire Stations affected by the change.
7 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
8 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
9 I. That part ofthe motion ofthe Mayor and Common Council adopted at the Regular Meeting
10 of February 17, 2009, approving the revised Exhibit I of the Interim City Manager to permit the
II elimination of positions in the Fire Department through elimination and/or attrition is hereby
12 rescinded. All other parts of the motion remain in effect as adopted.
13 2. The City Manager is hereby directed to identifY three funding options to provide the
14 resources necessary for the implementation of the above action and to bring these funding options
IS before the Mayor and Common Council for their consideration and possible adoption at its meeting
16 of May 4, 2009.
17 3. It is hereby made a duty of the Chiefofthe Fire Department that effective April 21, 2009
18 he shall backfill all twelve (12) said fire fighter positions.
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F:\WILSON\Resolutions\Rescinding Reduction ofFF 4-09.wpd
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RESCINDING ITS MOTION OF FEBRUARY 17, 2009 BY WHICH IT
2 APPROVED THE ELIMINATION OF TWEL VE POSITIONS IN THE FIRE DEPARTMENT
AND REQUIRING SAID POSITIONS TO BE BACKFILLED EFFECTIVE APRIL 21, 2009.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof,
6 held on the day of
7 COUNCIL MEMBERS: AYES NAYS
8 ESTRADA
9 BAXTER
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MCCAMMACK
IS
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,2009, by the following vote, to wit:
ABSTAIN ABSENT
CITY CLERK
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The foregoing Resolution is hereby approved this
day of
,2009.
19
PATRICKJ. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
22
JAMES F. PENMAN,
23 City Attorney
24 By: L t.f~
25 ()
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