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HomeMy WebLinkAbout37-City Attorney FROM: James F. Penman City Attorney .~ '\"..... OFFICE OF THEE~ITY Arj-b.::~~sa~tq . //l5'~;./' -"1 CITY OF SAN BERNARDINO r:. ~ M J d'thV II dC C 'I ~E~)-4-- . ayor u I a es an ommon ouncl . It CITY ATTORNEY .--c->'I _ : il em_ . C 3 7!L } ~~,-I J:;~ City Clerk I rTi! City of Sail tik>rII"IL.H" ORIGINAL TO: DATE: November 12, 2004 RE: Correction of Information in News Article CC: City Clerk, City Treasurer, Civil Service Board, City Administrator, Civil Service Chief Examiner, Department and Division Heads, San Bernardino City Professional Firefighter's Association, San Bernardino City Police Officer's Association, San Bernardino Public Employee's Association A news article appearing on October 24, 2004, based on incomplete and, in some cases, misleading information, led some readers to believe the delay in filling certain paramedic positions was due to "an antiquated bureaucracy and a new hiring system put in place earlier this year." (The San Bernardino County Sun, Page A-1; October 24, 2004- copy attached.) The story continues with other quotations that appear to place the blame for the vacancies not being filled in a timely manner on the City's Civil Service System. The reporter relied on certain documents provided to the press by the San Bernardino City Fire Department Administration. These documents deal with only limited time periods within the process and only with limited issues, Therefore, they do not accurately reflect the overall situation, and do not address the actual reason the positions were not filled earlier, nor the fact that the Civil Service Commission responded in a timely manner to each request of the Fire Department Administration, Following the publication of the news article, this office was contacted by members of the San Bernardino City Professional Firefighter's, Local 891, and by individuals in the City's Civil Service System, who complained that the article did not accurately report what had happened in the process. At my direction, Deputy City Attorney Stephanie Easland, who represents City Departments in hearings before the Civil Service Board, carefully reviewed all memoranda and other documents provided to us by the Fire Department Administration, as well as the JFP/ed[Correction.NewsArt.Mayor. mem] 300 NORTH "D" STREET. SAN BERNARDINO. CA 92418-0001 . (909) 384-5355. FAX (909) 384.5238 minutes of the Civil Service Board, and other documents provided by the Civil Service Chief Examiner. Ms. Easland's memorandum, including her findings, is attached. At the request of Mayor Valles, this matter was continued from the November 1, 2004 Council Meeting to the November 15, 2004 Council Meeting to give the Mayor the opportunity to review Ms. Easland's report prior to its submission to the City Council. We recommend that the Council receive and file this report. Respectfully submitted, Attachments: Two (2) JFP/ed[ Correction.NewsArt. Mayor.mem] 2 EMT hiring delay ending EMT Continued from Ai They are expected to begin a training program on Nov. 22 and hit the streets by Dec. 18, ac- cording to the Fire Department. Under this year's budget, there are 33 funded paramedic positions. And while there is some cost saved paying over- time instead of hiring more workers, Fire Department lead- ership said money was not the issue. "This is a very unfortunate staffing situation," Chief Larry Pitzer said last week. "Some- times, someone has to bite the bullet and do the biggest hiring change to the system." Mayor Judith Valles acknowl- edged that the paramedics are overworked. But she pointed out that many city employees, in- cluding regular firefighters, po- lice and street crews, were also understaffed. "When you're understatTed, of course it leads to stress in the workplace," Valles said. "The hiring process has hecome cum- bersome." Both fire union head Richard Lewis and Pitzer said some p;u'a- medics wanted the overtime. From April through Septemher, the Fire Department paid $::>.25 SB moves to fill 12 paramedic jobs By DAVID SCHWARTZ Staff Writer SAN BERNARDINO The city will hire 12 para- medics after spending the past eight months in a hureau- cratic back-and-forth to fill as much as a quarter of its first medical responder positions. The Fire Department has had to ask qualified engineers to fill in, as well as have cur- rent paramedics work over- time to keep shifts fully staffed. Paramedics have more training than firefighters and are often the first to be at medical emergencies. Officials blame the delay on an antiquated bureaucracy and a new hiring system put in place earlier this year. Currently, the department has nine paramedic positions vacant. The others, along with four firefighters, will go to staff the new fire station that will open early next year. See EMT/A9 THE SAN BERNARDINO COUNTY SUN PAGE A-1 SUNDAY, OCT. 24,2004 million in overtime to staff Other workers, though, weren't as happy. There were some complaints, and the fire union sought feedback from its members on being overworkcd. An outline prepared by the Fire Department officials showed that they expected to fill the positions in May. "Had the Fire Department been allowed to run this system themselves as they had intended, the projected start date for the lirst candidates would have been in mid- to late-May 2004," ac- cording to a Fire Department memo. "However, the process of approval through civil service, adjustments in the procedures and delays in getting critical in- formation back from the chief exalnmcr (of ci vil service) pushed ,~hc hiring back several months. Training Officer Mat Fratus said in a Sept. 21 e-mail to Civil Service Chief Examiner Michael Newbry: "We are at a stall point until you can get us a list of .__ candidates. We are cun'ently fac- ing serioLls staffing problems that cannot be fullv rcsolved un- til we complete this process." It wasn't until Oct. 6 that the Fire Department got a final list of candidates from the Civil Ser- vice Commission, which over- sees the hiring practices and rllk~; lhroughout the city. The situation reached a head last week when some fire union personnel were prepared to take their concerns to the City Coun- cil meeting Monday. They did- n't, after the timeline to hire the new positions was moved up from Jan. I, 2005. Newbry was unavailable for comment Friday. Councilman Neil Derry said, ''I'm not here to place blame. Positions that are funded in the budget need to be filled." He said the hiring process was mired in an outdated bureaucra- cv. . 'The citv has far 100 manv corrunissio~s doing the job Ih,tt the elected council should be do- ing," Derry said. Lewis applauded the city's ef- forts. "All the steps we have to go through, a lot of people don't un- derstand it," Lewis said. "It's ex- tremely important that we have qualified people and we check them out completely." The new hiring process changcs the testing that is clone for candidates. Instead of an oral panel and a written test, there is a video candidates have to re- spond to. Therc is also a more extensive background check. Lewis also said that efforts to hirc in the future won't take nearly as long, now that the test- ing is undcL.tQod. CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: James F. Penman, City Attorney Stephanie D. Easland, Deputy City Attorney~ FROM: DATE: November I, 2004 Rc: Fire Department P-l and P-2 Recruitment Process Pursuant to your request, I have reviewed documents obtained from the Fire Department and Civil Service, as well as my own files, in regard to the current Firefighter (P- I) and Paramedic /Firefighter (P-2) recruitment process. Based upon a chronology prepared from these documents, the primary reason for a delay in filling the current P- I and P-2 vacancies appears to be the result of the Adult School Fire Academy issue that arose in 2003. The recruitment was initially delayed on or about November 12,2002, when the Fire Department requested a six month extension of the P-I and P-2 eligibility list (which had previously been extended two times from its original expiration date of May 2001) to allow graduates from the Adult School Fire Academy to participate in the P-I recruitment. In response to this request, the list was extended to May 2003. However, after the expiration of the P-I and P-2 lists in May 2003, it was discovered by our office in June 2003 that the program was not state certified and that the graduates of such program did not meet the minimum qualifications of the existing P-I firefighter position, although they were told they would be able to apply for a position with the San Bernardino Fire Department after graduation. Thereafter, numerous meetings were held to come up with a solution regarding the Adult School Fire Academy graduates and the promises made to them, such as reinstituting a Firefighter Trainee position or revising the minimum qualifications ofthe P-I position. Ultimately, an existing Firefighter Trainee job description was revised to allow Adult School Fire Academy graduates to apply for the position. Thisjob description received Civil Service Board approval on January 27,2004 and the recruitment for Firefighter Trainee, P-I and P-2 opened on February 17,2004. Arguably, if the Adult School Fire Academy and its resulting graduates had not been an issue, the recruitment for the P-I and P-2 positions could have gone forward around the time the lists expired in November 2002. Following is a summarized chronology regarding the hiring process for the Positions ofP-1 and P-2 in the Fire Department from the year 2000 to the present based upon the aforementioned documents: March 14, 2000 - Per the Fire Department's request, the testing and minimum qualification requirements for the P-l and P-2 were changed from an entry level open testing process to a lateral SDE/ed[FireDeptP 1 P2 .JFP.mem ] form of recruitment. This was done to allow recruitment of personnel without the need of a written test administered by Civil Service. March 13,2001 - The Fire Department requested an extension ofthe existing P-l and P-2 eligibility lists to May 2002. May 14, 2002 - The Fire Department requested an exception to Civil Service Rule 409(A) that allows only one extension on an eligibility list so that the P-I and P-2 lists could be extended to November 5, 2002. Chief Pitzer's reason for this request was that I) many good candidates remained on the current lists; 2) there would be a savings in regard to time and cost of developing and conducting an examination; and 3) the Fire Department had a heavy workload at that time for the primary people involved in the testing process and 6 months later they would be in a better position to deal with the examination process. The Department's request was approved. October 10,2002 - The Mayor and Common Council approved Resolution 2002-326 whereby the San Bernardino City Unified Adult School District Adult School and the San Bernardino Fire Department entered into an agreement to establish a Firefighter and Emergency Medical Technician Academy. The staff report is unclear as to the program's certification. November 12, 2002 - The Fire Department requested another extension of the P-I and P-2 eligibility lists. The Fire Chief stated in an email to Mike Newbry the reason for such request was that his goal was to recruit from the Fire Academy developed by the Fire Department with the Adult School and the end of the first Adult School Academy class would be approximately mid-April 2003. It was noted that there were still good people on the current recruitment lists and that the Fire Department did not expect to hire more than 2-3 people during the requested 6-month extension period. The Fire Department's request was approved by the Civil Service Board and the new expiration date for the P-I and P-2 eligibility lists was May 5, 2003. June 17,2003 - The City Attorney' s Office discovered that the Adult School Fire Academy was not state certified and as such, its graduates were not eligible to apply for the existing P-I position because I) it required a lateral transfer, i.e., prior fire service experience; and 2) graduation from a state accredited fire academy. July 17,2003 - Meeting regarding Adult School Fire Academy with the Mayor, James F. Penman, Stephanie Easland, Fire Chief, Fred Wilson and Tim Cook - discussed problems with lack of state accreditation, and that 27 graduates/students were told they would be eligible to apply for a position at the San Bernardino Fire Department. It was decided at this meeting that I) the Adult School Fire Academy program would not continue; 2) the Mayor would meet with Gloria Harrison and Donna Ferraconi regarding retroactive accreditation for the current Adult School program graduates; 3) the City Attorney's Office would look at the Fire Trainee issue; and 4) the City Attorney's Office would look at whether there could be both an entry level P-l and a lateral P-l position. It was later determined that two levels ofP-l positions could not exist under the City's Charter. SDE/ed[FireDeptP 1 P2 JFPmem J 2 August 7, 2003 - Meeting regarding the Adult School Fire Academy with the Fire Department, Fire Union, James F. Penman, Huston T. Carlyle, Lori Sassoon and Stephanie D. Easland. It was discussed hiring nine new positions for the Verdemont Fire Station. It was also noted at this time that there were currently three vacancies already existing in the Department and that it would take 2-1/2 to 3 months to get a list. It was decided at that time that I) the Fire Trainee job description would be reworded to cover current Adult School Fire Academy graduates; and 2) an entry level P-I job description would be drafted. A further meeting on the issue was set for September 4,2003. August 14, 2003 - Stephanie Easland emailed to Training Officer Mat Fratus a revised job description for Firefighter Trainee and entry level Firefighter (P-J). September 4, 2003 - The scheduled meeting regarding the Adult School Fire Academy was continued until the Fire Department heard back from Crafton Hills regarding retroactive accreditation for Adult School graduates. October 6, 2003 - Meeting regarding Adult School Fire Academy where it was discussed that Crafton Hills could not retroactively certify Adult School Fire Academy graduates. However, Crafton Hills stated it would work with the City to get Adult School Fire Academy positions into Crafton's Academy, holding five positions open for the February 2004 class. November 6, 2003 - Email from Mat Fratus to Stephanie D. Easland regarding proposed job descriptions for Firefighter Trainee and P-I Firefighter. January 13,2004 - The Civil Service Board was asked to approve a revised Firefighter Trainee job description, however the matter was continued to January 27, 2004. January 27, 2004 - The Fire Department made a presentation to the Civil Service Board regarding the Adult School Fire Academy. The Board also approved the revised job description for Firefighter Trainee. February 10,2004 - Email from Training Officer Mat Fratus to Fire Department regarding summary of proposed hiring and training process. February 17,2004 - A new recruitment for P-I and P-2 opened. March 4, 2004 - P-I and P-2 recruitment closed. March 19,2004 - EmaiJ from Training Officer Mat Fratus to Chief Examiner Mike Newbry offering clerical help to assist with processing Firefighter applications. March 29, 2004 - Mike Newbry informed Fire Chief Pitzer that the proposed Ergometrics test constituted a change in testing standards for P-I and P-2 and would need Civil Service Board approval. Based on his conversation with Mike Newbry, Chief Pitzer sent him an email requesting SDE/ed[FireDeplP 1 P2 .JFP .mem] 3 Civil Service Board approval for the video based testing, thereby changing the P-Iand P-2 testing standards from LaterallDepartment Oral Interview to Lateral/Department Written and Oral Interview. April 13, 2004 - Request from the Fire Chief to the Civil Service Board to revise the testing standards for the P-I and P-2 positions to allow for the video based testing by Ergometrics. After much discussion, the Board decided to have Commissioners Reichardt and Stout meet with the Chief Examiner and the Fire Department to further clarify the testing issue. April 27, 2004 - The revised testing standards request for P-I and P-2 which was continued from April 13, 2004 was considered by the Civil Service Board. It was decided that the Civil Service Department would be responsible for receiving the test from the vendor; administering/proctoring the video test; and returning all test items for scoring by the vendor. All scores and tests results would be sent to the Civil Service Department only. The Board also decided that the candidates had to receive an overall score of70% to pass the examination. Commissioner Scott also asked that the Fire Department report back to the Board in October 2004 and inform the Board how the process operated. April 27, 2004 - Email to Chief Examiner Mike Newbry from Training officer Mat Fratus attaching revised hiring procedures approved by the Civil Service Board that day. May 5, 2004 - Civil Service sent letters to P-l and P-2 applicants advising them of testing dates. May 5, 2004 - Video test given to applicants. May 6, 2004 - Email to Civil Service from Training Officer Mat Fratus stating that the letters to P-l and P-2 applicants would go out that afternoon. May 17 or 18,2004 - Video test results received by the Civil Service. May 19,2004 - Civil Service sent to the Fire Department the top 18 names for the position ofP-2 and the top 4 names for the position ofP-l per the Fire Department's em ail request. May 19,2004 - Civil Service sent to the Fire Department the official list with the top 18 names on the P-2 list. May 26, 2004 - Civil Service sent to the Fire Department the official list with the top 4 names on the P-I list. June 8, 2004 - Email to Civil Service from Training Officer Mat Fratus attaching the oral scores of the P-I and P-2 applicants. June 8, 2004 - Email from Training Officer Mat Fratus to Leti Briggs requesting the next 4 names on the P-2 list. SDE/ed[FireDeptPl P2.JFPmem] 4 June 18, 2004 - Civil Service sent to the Fire Department the next 4 names on the P-2 list. June 21, 2004 - Fire Department sent email to Civil Service attaching the oral scores from their June 18, 2004 evaluations. July 27, 2004 - Request to Civil Service Board from the Fire Department to revise the testing standards for the P-l and P-2 positions based upon a prior meeting between Commissioners Reichardt and Stout, Chief Examiner Newbry and Fire Department staff. This was to remove the 70% cutoff on the video based testing. The test scoring would consist of 50% ergometrics and 50% oral interview with a requirement of70% or greater on the overall score. This new standard was to be applied to the current applicants for the P-l and P-2 positions. It was also approved to allow the Fire Department to request more names for the oral interviews. July 27, 2004 - Civil Service received an email from Trainee Officer Mat Fratus requesting 25 more names from the P-l list. July 29, 2004 - Civil Service sent the additional list to the Fire Department. July 30, 2004 - Request from Training Officer Mat Fratus for 40 names from the P-2list and 2 more names from the P-l list. July 30, 2004 - P-l master list pass point changed due to revised testing standards. Notification cards were mailed by Civil Service to previously failed P-l applicants notifying them that they could continue in the process. August 7, 2004 - P-2 master list pass point changed due to revised testing standards. Notification cards were mailed by Civil Service to previously failed P-2 applicants notifying them that they could continue in the process. August 24, 2004 - The Fire Department requested that the Civil Service Board revise the testing standards to allow "banding" of the P-I and P-2 candidates in place of strict numerical order hiring. After much discussion, the Board ultimately approved banding the lists into three bands, with the Chief Examiner determining the break in bands. The Fire Department would then be required to exhaust at least 60% of each band before moving on to the next band. August 31, 2004 - Email from Fire Department to Civil Service attaching the results ofthe P-I and P-2 assessments of the names previously sent to the Fire Department, which were to be banded by Civil Service. September 13, 2004 - Email from the Fire Department to the Civil Service Department checking on the P-l and P-2 scores. September 16,2004 - Email from the Fire Department to the Civil Service Department requesting status of the P-l and P-2lists. SDE/ed[FireDeptP I P2 .JFP.mem] 5 September 21, 2004 - Email from Fire Department to Civil Service Department asking for status of P-l and P-2 lists, expressing that serious staffing problems could not be fully resolved until the process was completed and they hired and trained more people. September 28, 2004 - Email from the Fire Department to Civil Service explaining the process of banding in response to an email from Civil Service dated September 27,2004. October 6, 2004 - Civil Service sent to the Fire Department the list of names in bands A and B for the P-] and P-2 positions. SDE/ed[FireDeptP I P2.JFP.mem] 6