HomeMy WebLinkAbout07.K- Fire DOC ID: 2042 A
O CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Information/Report
From: Paul Drasil M/CC Meeting Date: 10/01/2012
Prepared by:Norma Camarena, (909) 384-
5286
Dept: Fire Ward(s): All
Subject:
Review, Discuss, and Provide Direction on the Fire Department's Alternative Restructuring
Proposal and the Pre-Pendency Plan
Financial Impact:
Motion: Review, discuss, and provide direction on the Fire Department's Pre-Pendency
Plan related to the City's proposed FY 2012/2013 Budget.
Synopsis of Previous Council Action:
9/5/2012: Amend and approve the Pre-Pendency Plan minus the Fire Department's proposal;
include the 9-point plan as presented by Council Member McCammack, adding Villasenor
Library to Item No. 3; and come back in 2 weeks with an updated plan for the Fire Department
Budget.
9/5/2012: Amend the Pre-Pendency Plan to direct the City Manager to work with the City
Attorney to release an RFP for leasing public/private partnership opportunities of the entire
refuse operation, with the RFP to include: bifurcating the City; managed competition;purchasing
all solid waste equipment; employment offers to all employees; a state-of-the-art waste
processing facility; consideration of one or more haulers; direct the City Manager to work with
the City Attorney together with a professional consultant to advise us during this process,which
should be part of how we begin this detailed opportunity for the City; direct the City Manager to
come back to the Council with an RFP no later than October 1, 2012, and to come back to the
next Council meeting with a status update as to the activity up to that point.
9/17/12: Tabled following Presentation by Acting Fire Chief and Discussion
Background:
Fire Chief will present analysis and recommendations for Fire Department's FY 2012/2013
Budget.
Supporting Documents:
Fire Department Pre Pendency Plan (PDF)
Updated: 9/27/2012 by Georgeann"Gigi"Hanna A
7.K.a.
CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
FIRE DEPARTMENT
TO: Mayor and Common Council p
FROM: Paul Drasil, Interim Fire Chief" a
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SUBJECT: Recommendations for the Fire Department Budget as part of the Pre-
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Pendency Plan r
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DATE: September 17, 2012 a`
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COPIES: Andrea Travis-Miller, Interim City Manager; Jason Simpson,Director of Finance o
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On August 29, 2012, the City held a Special City Council meeting to review and discuss the a
City's Pre-Pendency Plan. At the meeting Council Member Chas Kelley submitted a document
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with several proposals that he recommended be included in the Fire Department's section of the r
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Pre-Pendency Plan presented to Council for consideration. At a subsequent.Council meeting on
September 5, 2012, the Fire Department budget was removed from the Pre-Pendency Plan, and I °
was directed to return with a new proposed budget on September 17, 2012. I have reviewed the a
proposals outlined in Mr. Kelley's document and I am providing my findings in this memo. The a
summary section contains my proposal for the Fire Department budget to be included in the Pre- o
Pendency Plan,
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Overview ii
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The following 8 proposals have been presented to the Mayor and Common Council in place of v
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the recommendations presented in the City's Pre-Pendency Plan for the Fire Department. d
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1. Staffing Efficiencies Previously Adopted by Council ($950,000) LL
2. Cut One Battalion,reassign personnel to engine companies ($713,431) d
3. Eliminate P1 position (40i FF on ME231) ($150,000) r
4. Eliminate Dispatch Supervisor($100,000) a
5. Eliminate Discretionary Money($82,000) c
6. Eliminate Vacant Fire Prevention Officer($83,000)
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7. Consolidate Fire and City Mechanic Shops (building lease amount $60k, staff, utilities,
economy of scale) ($60,000- ???) d
8. Eliminate Emergency Medical Services(EMS) Coordinator Position ($100,000) s
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As identified by Councilman Chas Kelley each proposal has an associated projected annual a
savings, for a combined total of $2,238,430 (Attachment A). (Attachment A provides a
comparison of the proposal presented by Mr. Kelley and budget numbers we were able to
verify.) My best estimate of savings associated with Mr. Kelley's proposal, based on the actual
budget amounts is $1,964,640.
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In reviewing the document, there are some valid proposals that the Fire Department had taken
into consideration and had incorporated in the City's Pre-Pendency Plan prior to the release of
Mr. Kelley's proposal. The Fire Department section did include the adoption of the Staffing
Efficiencies proposal (based on Council's figure), elimination of discretionary funding, the
elimination of firefighter positions(s)and vacating the Fire Prevention Officer position.
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Council Member Kelley's Proposal: v
The document contains eight proposals, four of which are contained, at least in part, in the r
current proposal. I will briefly discuss each below. a
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1. Staffing Efficiencies Previously Adopted by Council ($950,000) — This was included in w
the original proposal, after closer review of the numbers projected savings would be c
$748,496 (Attachment A). The City Council adopted these efficiencies on July, 2, 2012; 0
therefore, I included them in the City's Pre-Pendency Plan for the Fire Department. I am a
not in favor of these cuts and I have attached a memo that addresses my concerns which I E
directed to the Mayor, in July, concerning this action (Attachment B). V
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2. Cut One Battalion, reassign personnel to engine companies ($713,431)—My estimate of °
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actual annual savings is $681,722 (Attachment A). I am opposed to this proposal, this
would effectively cut our Chief Officer ranks by 60% from 2008 levels. The City N
Attorney's Office issued an opinion, in 1995 that outlines the legal concerns if Battalion o
Chiefs are cut(Attachment C). Please refer to the summary at the bottom of page 3. This
document was prepared in 1995, not only are the concerns still valid today, I believe in
light of the challenges we face today as a result of the attacks on 9/11, the need for Chief T
Officers is greater than ever. Below is a partial list of my concerns.
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Our ability to provide the following essential services would be severely compromised or
eliminated: d
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a. Adequate command and control of large incidents (earthquake,high rise and large
commercial fires, large wildland fires,multiple fires or rescues etc.) E E
b.. Staffing for the Emergency Operations Center during times of disaster, leaving
the City unable to manage an incident to mandated standards (National Incident °
Management System)
c. Daily supervision of both routine and emergency operations 24/7, 365 days a
year. There would only be one shift Battalion Chief on duty 24 hours a day, they
would have a span of control that doubles the accepted standard of 1 to 7. This
will increase the risk to firefighter's lives and the public's safety, as well as
expose the City to more liability(Attachment Q. a
The Kelley proposal indicates that administrative duties may fall behind and assistance from
other qualified personnel would be implemented. Fire Administrative staff has analyzed this over
the past several years and have been unable to identify a method to complete these duties
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(personnel investigations, maintaining training records, hiring new employees, promotional
testing, oversight of safety equipment, uniform budgets, IT, radio support, oversight of Dispatch, .
the EMS Coordinator, Shop equipment, resolve specific discipline issues, applying for and
management of grants, etc.). The Kelley proposal does not identify any personnel or method to
absorb these functions, at the same time it does propose to eliminate more non-safety personnel,
the Dispatch Supervisor and EMS Coordinator, further impacting the remaining Chief Officers.
Some of these tasks could be assumed by on-duty safety personnel or those on "Injury" but a
released to modified duty status by their doctor. Currently, safety members released to modified
duty are not required to report for duty. Fire Administration has tried to re-instate a "Modified
Duty"program to provide administrative assistance throughout the department, but has not been
able to get agreement from the labor group. If this program were to be re-instated some of the
proposals, including items #1, 2, 4, 6 & 8 outlined in the Kelley Proposal document could be a`
viable. m
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The Kelley Proposal further states: o
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"This initial assignment would reduce the initial attack capability by one person, rather than the
"Brown Out" alternative, which reduce the initial fire attack by one engine and THREE V
firefighters, eliminating any possibility of rescuing a person in need." C
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This statement is false and misleading. The quote refers to an Engine Company Captain
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assuming the Incident Commander duties on an incident thereby reducing there crew strength to N
two, and fragmenting the crew for the duration of the incident. Currently our initial response to a o
structure fire is 4 Engine Companies, 1 Truck Company and 1 Chief Officer. The quote states
that this initial response will be reduced by 1 Engine Company during a"Brown Out', this is not m
true. We will continue to send the same number of units to a structure fire; if a station were a
"Browned Out"the next closest Engine Company would respond. This happens daily under our
current staffing configuration. The quote also mentions that the possibility of rescuing a victim
would be eliminated. This is also a false and confusing statement; any two firefighters can a
perform a rescue of a victim involved in a fire or other emergency. The statement is very
confusing, the author does not state why or how the opportunity to perform a rescue with on a
scene firefighters would be eliminated.
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There reaches 'a point when the expectation for staff members to continue to absorb more
responsibilities becomes irresponsible. With three fewer Battalion Chief Officers, it will be 0
virtually impossible to perform essential emergency operations and administrative duties. The a)
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City will also recognize a decrease in service to the community, and an increase in unsafe
working conditions. E
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3. Eliminate PI position (4s' FF on ME231) ($150,000) — The actual annual savings would
be approximately$137,003. This position was included in our original proposed savings, a
in addition the 4a' firefighters on both truck companies were also included, and this
provided a projected annual savings of$946,879.
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4. Eliminate Dispatch Supervisor' ($100,000) — Actual annual savings would be
approximately $105,505. The Fire Communications Manager (FCM) position provides
daily supervision of our Emergency Communications operations, as well as performing
other essential tasks that we are mandated to perform to maintain compliance with EMD
and our AMR contract. As part of our Emergency Medical Dispatch (EMD) system we
are mandated to perform quality assurance (QA) reviews on an on-going basis in order
that we stay in compliance. I have met with both American Medical Response (AMR)
and Inland Counties Emergency Medical Agency (ICEMA) they have significant a
concerns of our ability to maintain compliance with mandated standards if this position,
as well as the EMS Coordinator are eliminated. The immediate effect, of the loss of
FCM, would be the loss of our current AMR contract which currently generates d
approximately $250,000 annually. Additionally if we were unable to complete the QA
portion of the EMD program we may have to consider eliminating the EMD program, a`
which would increase the call volume for our engine companies.
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The Kelley proposal mentions that "a shift Battalion Chief who is assigned as the administrator 0 a.
of dispatch can remain responsible to oversee administrative operations, and the on duty
Battalion Chief would be able to make day to day decisions...." The Kelley proposal advocates E
the reduction of three additional Battalion Chiefs (BCs), this already doubles the supervision
responsibilities of the one remaining BC per day, and it is not safe or reasonable to expect that d
the additional daily oversight of Emergency Communications Program could be assumed by a 24 °
hour shift BC. `
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As mentioned in the original Pre-Pendency Plan proposal we are exploring the option of out- o
sourcing our fire dispatch operations to Comm Center. This will take several months to see if it is
viable to enter into an agreement with them, once all the information has been obtained we will
bring it forward for consideration. We are also in discussion with the Police Department on the T
feasibility of combining the police and fire dispatchers within out dispatch center. We may be
able to realize a costs savings and improve some of our operations by combining. Our staff will
analyze both options, out-sourcing with Comm Center and combining police and fire within our a
own dispatch center. We will bring back to Council our recommendation if one of them should 2
be adopted, or to maintain status quo. °'
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5. Eliminate Discretionary Money($82,000)—The actual saving is estimated to be$82,200 r
annually. This was included in the original proposal. After further review of the
discretionary budget I have identified an additional $124,700 in savings, bringing the °
total to $206,900. These additional savings will result in the elimination our Wellness & LL
Fitness program and the restructuring of our Traffic Collision Recovery Program. I
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6. Eliminate Vacant Fire Prevention Officer ($83,000) — The actual estimated annual
savings is $85,689. This was also included in the original proposal. The Kelley proposal
would eliminate this position, I support that we leave the position vacant with the option a
to fill the position at a later date. This is a revenue producing position. Additionally a
limited number of future openings can be left vacant, for a period of time. Revenues and
the associated work with those positions will not be realized and they will need to be
filled at some point in time. Contrary to the Kelley proposal which states the duties have
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effectively been reassigned, many of these duties are not being performed and revenue
and service are being lost. See page 43 of the Pre-Pendency Plan under the heading
"Community Risk Reduction Program"for more detail.
7. Consolidate Fire and City Mechanic Shops (building lease amount $60k, staff, utilities,
economy of scale) ($60,000 - ???) — There are no projected savings from the Fire
Department's budget if adopted. The building and subsequent lease are part of EDA,
therefore, there is no savings to the Fire Department's budget associated with this a
proposal.
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This option has been explored several times and again recently while developing our proposal. v
The Kelley Proposal states that our current Fire Department Fleet &Equipment Program can be
consolidated with the City Maintenance operations. This is not possible for several reasons. The a`
current City.Maintenance shops do not have enough room to allow for the added volume of work a
required to maintain our fire equipment, expansion of the current facilities would be required. At a
our current shop facility we store our reserve apparatus and fire equipment, both of which have 0
to be secured inside a building, and have 24 access and security. Again there is no room at the
current city maintenance facility to store this equipment, additional secured storage areas would
have to be identified. When we looked at the possibility of combining maintenance facilities V
previously we also found that very little of the.parts stock is compatible, as stated in the Kelley d
Proposal document. In addition,there would be an increased delay in maintenance and repairing °
fire apparatus due to that the City's Maintenance Shop services the Police Department, LL
Integrated Waste, Public Works, and all other city vehicles. Also, the City's Maintenance N
personnel will need to be trained and certified to perform maintenance on the fire apparatus due o
to the specialized equipment, communications, and repairs. Additionally we anticipate a
relocation cost of approximately$25,000 to facilitate the move to the City Yard facility. m
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Fire management staff will explore this option again if the City's Refuse division is out-sourced
at some point in the future. The relocation of the Fire Maintenance shop to the current City
Maintenance facility may become viable if this were to occur. a
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As I mentioned in my presentation to Council there are opportunities for our shop to provide a
maintenance for other fire agencies in our local area. Approximately one year ago we had E
entered into talks with the U.S. Forest Service and were close to reaching a tentative agreement V
with them, but were unable to continue due to financial hurdles. This is still a viable option that d
would help to off-set the cost of our maintenance, fire management staff will re-evaluate this °
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option again and bring recommendations to the Council when appropriate. LL
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8. Eliminate Emergency Medical Services (EMS) Coordinator Position ($100,000) — The E
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actual estimated annual savings is $124,024 if adopted. I am opposed to the elimination -°
of this position as I mentioned on page 44 of the Pre-Pendency Plan. The Kelley proposal a
alludes that the duties of the EMS Coordinator can be assumed by two current Captains at
Station 221 as well as the EMS Committee. I have spoken with the two Captains and they
have both said they would be willing to take on the added duties of the EMS Coordinator
position, if asked. They also acknowledged that it would add a tremendous work load for
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them personally, and take away time from their daily job as a Fire Captain. I anticipate
that the Captains would have to be relieved of their duties as a shift Captain on a daily
basis for several hours; this would require that other personnel do their work, as well as
causing the truck or engine company to be on "2nd call' which would delay their
response, or backfill with an off-duty Captain. The last sentence of this section of the
Kelley Proposal states "In addition, EMD should become the responsibility of the EMS
Coordinator and Committee with the elimination of the dispatch supervisor." This
sentence makes no sense, as the Kelley Proposal calls for the elimination of the EMS a
Coordinator position,therefore how can the duties be re-assigned to that position?
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The EMS Coordinator is essential to the entire Fire Department operation. Our current contract
with AMR requires that the City have employed at all times key personnel responsible for the v
following: Quality Improvement Program, Training and Education Programs, Overall Analysis a`
and Coordination of Resource Deployment, and a Safety Committee. The EMS Coordinator N
performs several of these duties, in addition to assisting with the oversight of the EMD program a
with the Fire Communications Manager. It should be noted that the Safety Committee was under °
the supervision of the Training Division Chief, and this responsibility has not been reassigned as
of yet. It is unknown if the shift Captains will be able to perform these duties and others, E
additional time may be needed requiring them to work overtime on their day off, this would R
require overtime and off-set projected savings. v
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ICEMA is in the process of an overhaul of the emergency medical transportation plan throughout
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the entire County. This will allow all first responder agencies to determine how they would like N
to provide emergency medical service within their jurisdiction. This is mentioned on page 13 of o
the Pre-Pendency Plan under the Fire Department heading, 5d` bullet point. The EMS
Coordinator will play a key role in this process and his expertise is essential to ensure we pursue
the correct course. Along with the transportation plan review, ICEMA has required all agencies
to participate in electronic Patient Care Reporting (ePCR). While we are currently one of the c
few first responders in the County that meet this requirement, the software that supports this is
changing as well as other components. The EMS Coordinator has played an essential role in this a
process and will continue to do so over the next several years, without direct involvement in this
process we may not be able to meet our obligations. It is doubtful that shift personnel can fulfill a.
these duties. d
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The cost benefit achieved by the elimination of the EMS Coordinator would be minimal, due to d
the projected need for overtime, and the work load that would be placed upon on-duty shift °
personnel would exceed their ability to perform the EMS Coordinator responsibilities LL
adequately. As I mentioned above I have met with ICEMA and AMR, both agencies have
identified this position as essential to allow us to continue to operate as an Advanced Life E
Support provider. There is a critical need for this position and I am not in favor of eliminating it
from our operation. R
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Efficiencies to Defer Administrative Expenses
1) "Reduce Firefighter Overtime by Filling Vacant Firefighter positions" — Currently there
are 20 vacant safety positions within the department, these are backfilled each shift.
Filling the vacancies will eliminate a portion of the overtime for existing firefighters as
stated; the associated costs of filling these vacancies would then become salary and r
benefits. Estimated costs to equip a new firefighter with uniforms and safety clothing is a
over $5,000.00 per individual, therefore an additional $200,000 would have to be
identified from within the budget.
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The proposal I am presenting will require the immediate hiring of 7 new PM/FF's rather d
than 20. With expected retirements, I would anticipate the department will need to hire an a`
additional 10 personnel by the end of the fiscal year. This will be necessary regardless of w
which plan is adopted. I would recommend that we begin the testing process to establish °o
a new hire list as soon as our current list is exhausted. This should occur by the end of the 0 CL
calendar year.
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2) "Extend Current Promotional Lists until exhausted" — The current lists will likely be m
exhausted prior to their expiration dates, due to anticipated retirements. This will d
necessitate new promotional tests to have to be held. If the lists are not exhausted, I °
would extend them,per Civil Service rules. LL
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3) "Train new firefighters during shift training, instead of a Fire Training Tower" — The o
statement provided is inaccurate in many areas as to what is required for our new N
employees. I will only mention one as an illustration. The author states that no medical
training is performed, while part of this is true, there is training required for new T
personnel to learn ePCR procedures and to become accredited in the ICEMA region if c
they are not currently. There is training and a minimum number of supervised calls c
personnel must perform as part of the accreditation process. This is but one example; I a
do not feel this is the document to explain why all of this training is necessary.We would
look at shortening the length of the training tower to the absolute minimum required to a
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provide mandated training,thereby minimizing costs. E
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Summary
If the proposal presented by Councilman Chas Kelley were to be adopted, approximately $1.9
million in savings would be realized. There would be a minimum of 2 layoffs, 8 demotions and C
would include the elimination of essential positions from within the department. a
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I am proposing a plan that will save approximately$2.9 million annually. If adopted there will be w
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no layoffs or demotions, although there will be a loss of 13 vacant safety positions. The loss of m
these positions will cause all engine and truck companies in the City to be staffed by 3 people v
and the loss of a 2 person paramedic squad. There will be no fire station closures or "Brown- 0.
outs". °
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I would urge the Council to restore all safety positions that have been loss since 2008 when
financially able. Once this is started, I would like to develop a plan to re-establish the non-safety
positions that have also been deleted to enable the department to begin to build back the entire E
organization. r
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The proposal will also work towards including several of Mr. Kelley's ideas into future cost
saving measures. These include: LL
• Re-location the Fire Maintenance Shop to the City Maintenance facility if feasible. This
may be possible if the Refuse division becomes out-sourced. Staff will again look at the o
possibility of marketing.our shop to provide maintenance for other local fire departments
to off-set our costs. r
• We are currently evaluating the feasibility of out-sourcing our Fire Communications a,
division to Comm Center or combining the Fire and Police dispatchers within our own c
communications center. If either option proves workable and provides a cost savings we
will pursue the appropriate option. i
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Pa^66t P9:e100`
The following table contains the new recommendations for the Mayor and Common Council to
consider being included in the City's Pre-Pendency Plan for the Fire Department's section.
Description # of Annual Estimated Estimated Savings
Positions Savings (9 months)**
Staffing Efficiencies Proposal (deleted Public 3 $748,496 $748,496
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Education Officer; Reassigned Chief Officers; Vacant R
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Deputy Chief&Fire Marshal) >,
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Fire Prevention Officer 1 $85,689.21 $78,548.47* d
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Eliminate the Traffic Collision Program N/A $112,500 $112,500 a)
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Eliminate the Wellness & Fitness N/A $12,200 $12,200 a
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Reduction of Discretionary Funds N/A $82,200 $82,200 0
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Firefighter 7 $959,023.31 $719,267.24 c
Paramedic/Firefighter 6 $914,258.73 $685,693.49 E
Totals 17 $2,914,367.24 $2,356,705.10 c
*employee retired on August 1, 2012-savings is for 11 months o
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**The table above identifies both estimated annual savings and the actual savings for the F/Y !�
assuming an implementation date of October 1, 2012. v
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Traffic Collision Program:
In the memo that was submitted to the City Manager regarding the reduction of discretionary a
funds for the Fire Department, there was a reference to the potential elimination of the Traffic c>
Collision Program. This program was established in 2009 for the Fire Department to start v
charging insurance companies for hazardous spills resulting from traffic collisions. The fee is to a
recover costs for actions taken at traffic collisions that leave hazardous materials on public right a
of ways. The projected revenue for the program was $197,900 and the City has received ate`
$26,025.35 for the past three years of the program. We will re-structure the program to eliminate c
any costs the department currently incurs and only charge for traffic control services and victim E
extrication costs. Staff will bring this to Council as soon as possible. :
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Additional Discretionary Funds: LL
The Fire Department is recommending that the funding appropriated to the Wellness & Fitness c
Program for safety personnel be included as a cost savings for the City. The potential savings for E
this program is $12,200 annually. m
Respectfully,
Paul Drasil
Interim Fire Chief
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Council's Proposal Budgeted FY
sed Elimination Program# 7/2/12 12/13 - Position Status
,hter Cadet Program 0046-2020 $ $ 48,700.00 Personnel-10 cadets
Public Education Officer 0047 $ $ 80,600.00 Deleted
TOTAL PROPOSED(elimination): $ - $ 129,300.00
Council's Proposal Budgeted FY
Proposed Vacant Position Program# 7/2/12 12/13 Position Status
Deputy Chief 0044 $ - $ 271,300.00 Filled m
Division Chief/Fire Marshal 0047 $ - $ 223,200.00 vacant
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Emergency Services Manager 0048 $ - $ - Filled•Grant funded,$138,800
TOTAL PROPOSED vacant - d
( Y) $ $ 494,500.00
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Council's Proposal Budgeted FY y
Proposed Reorganization Program# 7/2/12 12/13 Position Status a
Reassigned 3 Division Chiefs to Battalion d
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Chiefs multiple $ $ - Filled no additional savings/costs 0
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Extra Regular Hrs(BC Coverage) $ $ 124,696.00
TOTAL PROPOSED(reorganization): $ $ 124,696.00 a
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TOTAL PROPOSED SAVINGS(Personnel) $ 950,000.00 $ 748,496.00 r
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Council's Proposal Budgeted FY D
Proposed Elimination Program# 8/29/12 12/13 Position Status
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P -ommunications Manager 0051 $ 100,000.00 $ 105,505.21 Filled
avention Officer 0047 $ 83,000.00 $ 85,689.21 Vacant a
Emergency Medical Svs Coordinator 0044 $ 100,000.00 $ 124,024.83 Filled 0
TOTAL PROPOSED(elimination): $ 283,000.00 $ 315,219.25 c
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Council's Proposal Budgeted FY
Proposed Elimination Program# 8/29/12 12/13 Position Status act
Battalion Chief(56 HR) 0044 $ 237,810.33 $ 227,240.74 r
Battalion Chief(56 HR) 0044 $ 237,810.33 $ 227,240.74 a
Battalion Chief(56 HR) 0044 $ 237,810.33 $ 227,240.74 a
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TOTAL PROPOSED(elimination): $ 713,430.99 $ 681,722.22 E
Firefighter 0044 $ 150,000.00 $ 137,003.33
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Council's Proposal Budgeted FY
Proposed Maintenance&Operations Program# 8/29/12 12/13 Position Status
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Eliminate discretionary money $ 82,000.00 $ 82,200.00 LL
Consolidate Fire&City Mechanic Shop $ 60,000.00 $ -
TOTAL PROPOSED M&O $ 142,000.00 $ 82,200.00 E
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TOTAL PROPOSED SAVINGS(Personnel&M&O) $ 1,288,430.99 $ 1,216,144.80 w
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GRANT TOTAL PROPOSED SAVINGS $ 2,238,430.99 $ 1,964,640.80
Attachment A
Packet F4. 192
SAN BERNARDINO CITY FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
To: Honorable Mayor Patrick Morris c
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From: Interim Fire Chief Paul Drasil`
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Subject: July 2,2012 Council Item"Fire Department Staffing Efficiencies"
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Date: July 10,2012 a
Copies: Interim City Manager Andrea Travis-Miller 00
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Mayor Morris, E
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On July 2, 2012 the City Council voted to adopt the agenda item entitled "Fire Department
Staffing Efficiencies"introduced by Councilperson Chas A. Kelly. The adopted motion LL
identifies the"efficiencies"as a method to have the least impact on service delivery and further
e� identifies them as"non-critical". The staff report also refers to "several meetings and gathering o
of information", I am unaware of any meetings that any Council member had with Fire
Management regarding this proposal. I feel strongly that before a proposal like this is brought
before the City Council it should be discussed with the affected department head, so that a
potential liabilities can be vetted.
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I did meet with Labor, San'Bernardino City Professional Firefighters Union(SBCPFF)Local a
891 President Scott Moss, and Interim City Manager(CM)Andrea Travis-Miller on two d
occasions to discuss our budget reduction proposal, as requested by the CM, and the SBCPV'F a.
proposal,which is the same as this agenda item. We were unable to reach agreement on how to d
incorporate the two proposals, SBCPFF declined to discuss any proposal other than their own. r
The CM and I had deep concerns regarding the depths of their cuts proposed to the Fire a
Administrative Staff,and we discussed the implications of these cuts with Mr. Moss. o
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I do not agree with all of the components of the agenda item, I do not feel that the Fire LLI
Department can operate safely or efficiently given the severity of the actions called for. I also 0
fear that if all of these proposed vacancies were to go unfilled,the City and Fire Department t
could be exposed to serious liabilities that are preventable.
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Attachment B
Packet Pg. 193
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The Council action calls for the following:
• Eliminate the Fire Cadet Program.
• Reassign the three Administrative Battalion Chiefs to shift duty.
• Temporarily leave the following positions vacant through attrition, until such time the
City can afford to fill the positions: Deputy Chief, Division Chief and Fire Marshal(FM).
• Vacancy through attrition of the Disaster Preparedness position. R
• Eliminate the Public Education Position. a
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While I have concerns about each of these items, and the negative impact each will have on our
operation, I want to focus on the three chief officer(CO)positions and the Disaster Preparedness v
position. a
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Maintaining the vacancy of the three CO positions will effectively cause a 30%reduction in the d
CO ranks as compared to 2008 staffing levels. The Fire Management staffing that will result $
from this plan will only leave the Fire Chief and six shift Battalion Chiefs. The Fire Chief will be
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responsible for the duties of the Fire Marshal,Deputy Chief, and directly supervising the
Battalion Chiefs as well as the day to day operation of the entire Fire Department. Below are a E
few of the areas of concern that I have: r
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• We will have limited operational depth to be able to respond to large scale emergencies °
within or adjacent to the City. Surrounding Departments have also reduced their COs LL
(Colton,Rialto,Loma Linda and San Bernardino County)the ability to rely on them for N
mutual aid assistance, at the CO level, is limited. The result will be an inadequate o
command and control presence at these incidents,which will result in: an increased risk
to firefighter and public safety,the inability of the Fire Department to properly manage
an incident by following accepted best practices(Incident Command System ICS)which a
could result in the exposure of the City and Chief Officers to liability claims.
• The ability to apply,manage and seek out grants for both personnel and equipment will
be severely limited. The effort and time to perform all of these functions cannot be done a
by shift personnel. Currently all grants are applied for and managed by the Deputy d
Chief, Fire Marshal or the Disaster Preparedness coordinator. The City was just awarded a
3.3 million dollars in the form of a SAFER grant;this will continue funding for 12 E
firefighter positions, further grants such as this are in jeopardy. r
• There are numerous standards and regulations(NFPA, OSHA, CFR Health and Safety
Code etc.)that spell out accepted best practices and dictate certain requirements be met °
concerning how Fire Departments are to be organized and managed. Our ability to
comply with these regulations and standards will be severely comprised. LL
• The ability of our Fire Prevention bureau to adequately complete their duties will not be E
possible without a full-time Fire Marshal. This will result in a direct loss of revenue
from inspection fees,the inability to respond in a timely fashion to developers who wish
to build in our City. (The Southgate development is an example) Several developers a
have stated that they will go elsewhere if there are more delays than then currently
endure.
Attachment 13
Packet Pg. 194
o Attached are two memos written by the City Attorney's office that highlight many of my
concerns, all of the items are still valid today, if not more so.The memos are;
"Liability Exposure of Fire Department Cuts"June 23, 1995,Dennis A. Barlow,
Sr.Asst. City Attorney.
"Fire Inspection Services"February 16, 1990,Denice E. Brue, Sr. Assistant F
Attorney. a
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I would like to quote from each of the memos: a
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Barlow Memo—
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Page 1
In February of 1995, OSHA cited the U.S. Forest Service(USFS) and the Bureau of Land o
Management (BLM) for unsafe conditions on the South Canyon Fire, which resulted in 14 0
firefighter fatalities. LL
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"The unsafe conditions were primarily the fact that the agencies failed to provide sufficient r
management oversight to ensure that existing safe firefighting practices were followed. The v
citation noted"plain indifference"on the part of management" o
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I believe our inability to provide adequate management on large scale incidents could LL
expose us to a similar citation. o
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Brue Memo—
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Page 3 a
"The common sense approach to the requirements set forth in these sections (referring to the U
Government Code) is that the legislative intent is to make sure that fire protection and fire o
protection services are carried out by people who are specifically trained in fire protection a
services to provide for the health, safety and welfare of the public at large. Therefore the d
code section mandates that these duties be carried out by none other than regular full-time a
members of an organized fire department of a city, county,or district providing fire cu
protection services and cannot be delegated to other departments with a local entity." E
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My professional opinion is that the duties of the Fire Marshal are unique and specialized to o
the degree that other personnel cannot"assume these duties"as has been suggested by some.
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I feel that without afull-time FM,or a similar position, our Fire Prevention bureau will be
unable to fulfill their mission,thereby putting the public at further risk,cause a loss of
revenue and cause unacceptable delays in the building permit and plans check process.
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Attachment B
Packet Pg. 195
In light of the severity of the current budget situation and this Council action,I would like to
bring to your attention another quote from the Brue memo. (Page 9).
"Therefore the City may also contract with the County for fire prevention and suppression
services which include fire inspection services."
Given the state our Fire Department will be left in,if these"efficiencies"are implemented
for any considerable length of time, our ability to manage the organization may leave us n.
vulnerable and alternative solutions, as mentioned in the above quote,may need to be
explored. I hope this is not what the.City Council had in mind when they adopted this item. I
am convinced that our department has the means and ability to provide all the services d
required, if we are allowed to manage the organization ourselves. a
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I feel that it is incumbent on me to inform you of the implications of these"efficiencies"that d
the Council has adopted and the risk at which they put our citizens,firefighters, chief a
officers and the City. I cannot take responsibility for any negative outcomes that may occur °
as a result of this action imposed on the Fire Department by the City Council. a
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Respectively Submitted, E
CL
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Paul Drasil
Interim Fire Chief
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Attachment B
Packet Pg. 196
7.K.a
C I T Y OF S A N B E R N A R D I N O
�.. INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Dennis A. Barlow, Sr. Asst. City Attorney
DATE: June 23, 1995 m
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RE: Liability Exposure of Fire Department Cuts
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The Mayor and Common Council have before them proposals to
reduce the number of fire department Battalion Chiefs and to a
eliminate a truck company from the Fire Department. With only two
truck companies serving the City this results in a 50% cut with a
resultant loss of 3 captains, 2 engineers, and 3 firefighters. n
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These cuts and others are apparently directed to reorganize the day a
to day management of the department and of the conduct of fire Z
suppression. E
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In this context it is important to note serious challenges d
faced by other fire suppression agencies due to alleged management
failings. N
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In February of this year the Federal Occupational Safety and
Health Administration (OSHA) cited the United States Forest Service
and the Bureau of Land Management (HLM) for various N
unsafe
conditions that led to the death of 14 firefighters in a wildland
fire near Glenwood Springs, Colorado (The South Canyon Fire) . The a.
unsafe conditions were primarily the fact that the agencies failed u
to provide sufficient management oversight to ensure that existing
safe firefighting practices were followed. The citation noted
"plain indifference, " on the part of management. a
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Closer to home the San Bernardino Sun reported on Saturday, a
June 17, 1995 (page B3 ) that the U.S. Forest Service and BLM
settled a $2 million suit relating to the death of a young E
firefighter working out of the Corona office while fighting a 1990 T
fire northwest of Sacramento. Also alleged in this suit were °
serious management deficiencies. o
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In 1970 the City faced the Bear fire which burned 53, 100 acres
and destroyed 51 homes and 11 structures. Then in 1980 San c
Bernardino experienced one of the most devastating fires in this E
state ' s history. The Panorama fire destroyed 325 homes, burned u
23, 600 acres, resulted in a property loss of $40,000,000, and took
the lives of 4 individuals. The Panorama fire cost $6 million in Q
suppression efforts. To now make significant cuts in the City's
ability to respond --o such disasters just because we haven' t faced
such fires in recent years, is both shortsighted and exposes the
DAB/js [Firecuts.Memi
Attachment C
Packet Pg. 197
7.K.a
To: Mayor and Common Council
From: Dennis A. Barlow, Sr. Assistant City Attorney
Date: June 22, 1995
Re: Liability Exposure of Fire Department Cuts
Page 2
City' s residents and firefighters to unnecessary danger. With the
mediterranean climate of San Bernardino and the regular hot, Santa
Ana winds it is not a question of if another devastating fire will m
occur, but when. a
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In addition, by making such cuts, the City itself could face d
a loss of its historical immunity by such an unfounded action in c
light of all the facts and circumstances, similar to what occurred a
in relation to the U.S. Forest Service and BLM noted above. It is d
a maxim among lawyers that bad cases make bad law. Not long ago a
the governmental entities in this state enjoyed broad immunity to m
protect their decisions in a whole myriad of activities. o
Gradually, more and more of these immunities have been lost through o
"bad cases" . For instance, the design immunity is provided to a`
public agencies by Government Code §830.6. It states that such c
agencies are not liable for injuries due to a defective design of
a construction or improvement to public property where such plan or
design was approved in advance by the legislative body or by an v
employee exercising discretionary authority. However, judicial o
decisions have significantly eroded this immunity by finding
negligence on the part of the public agency independent of the LL
design (Hefner v. County of Sacramento ( 1968 ) 197 Cal .App.3d 1007 ) ,
or by finding changed circumstances (Bane v. State of California °oV
( 1989 ) 208 Cal .App.3d 860; Compton v. City of Santee ( 1993 ) 12 -
Cal.App.4th 591 ) , or by finding, in the situation of a bridge, that
it was not the design of the bridge that caused the accident but a
the accumulated ice ( Flourney v. State ( 1969) 275 Cal.App.2d 806) , Ti
or where the court decided that the design was unreasonable (when
faced with the death of a 4-year old child) (Davis v. Cordova
Recreation & Park District ( 1972) 24 Cal.App.3d 789 ) .
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In addition, as the City is encouraging the construction of a`
several taller buildings both in the downtown area and on
Hospitality Lane, it seems both foolish and dangerous to eliminate
the ability to respond to fires and to provide rescues on higher m
stories. a
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Zt should also be remembered that San Bernardino lies at the
conjunction of several major earthquake faults including the San LL
Andreas Fault. Seismologists tell us that this area is seriously
overdue for a major quake. It is well known that a major effect of
earthquakes is not only the initial damage but includes the
resultant fires. The fire suppression needs and rescue efforts
following a major earthquake will be extensive. A court might find
it unusual and significant that a city sitting on several major
DAB/is [FireCuts.Meml
Packet Pg. 198
7.K.a
To: Mayor and Common Council
From: Dennis A. Barlow, Sr. Assistant City Attorney
Date: June 22, 1995
Re: Liability Exposure of Fire Department Cuts
Page 3
earthquake faults and overdue for a disaster would cut its truck
companies in half and thereby its ability to respond to such a
disaster. m
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Finally it is certain that these cuts combined with others
that are proposed in the Fire Department will seriously affect the
City' s ISO rating. The rating now stands at a 2 and will certainly
go to a 3 and perhaps to a 4 with such cuts. This will translate a
into higher insurance rates for property owners in the City,
because what it reflects is an inability of the City to provide as a
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high a response as it has in the past in fire situations. w
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All of the above will be relied upon by a court in determining o
whether the traditional immunity of the City in case of a a
significant fire loss should be sustained.
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We also note that it may be contended that mutual aid will @
satisfy the need for fire response in serious fire incidents. v
Mutual aid, however though important and necessary in finally ❑
putting out a fire, does not satisfy the need for immediate,
initial response. It is the response at the inception of the fire U.
which determines whether the fire will be contained or will result N
in a long, expensive fight. It is consistently shown and can be N
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demonstrated in both the Panorama fire and the Malibu fire of the
1960 ' s, that mutual aid cannot be relied upon for that all-
important initial response. For that each agency must look to its a
own resources. A court will look to the management decisions to
maintain and use the resources versus their elimination; and false m
reliance on other agencies for early response.
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In summary, we have the following legal concerns if the number
of Battalion Chiefs is reduced and/or a truck company is a
eliminated:
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1 . Federal or state administrative action against the city R
for management failure, 0'
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2. workers' compensation lawsuits by survivors of
firefighters killed, or lawsuits by firefighters injured due to
management failure,
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3. Loss or erosion of traditional municipal immunity and
resulting damages in civil lawsuits.
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Dennis Barlow
DAB/;s [Firecuts.Mem}
PacketPg. 199