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Meet and Confer Minutes - 12/13/2006 MEET AND CONFER CITY OF WICHITA FALLS & WICHITA FALLS FIRE DEPARTMENT DECEMBER 13, 2006 PRESENT: Mayor Lanham Lyne § Jim Ginnings, § Elected Officials Councilor-at-Large § Darron J. Leiker, City Manager § Matt Benoit, Assistant City Manager § Earl Foster, Fire Chief § David Winney, Human Resources Director § Jim Dockery, Director of Finance § City Administration Julia Vasquez, First Assistant City Attorney § R. Kinley Hegglund, Jr., § Senior Assistant City Attorney § Linda Merrill, Recording Secretary § Ray Wood, President § Jim Davis, Vice-President § Wichita Falls Professional Gary Broyles, Member § Firefighters Association Nick Hiliner, At-Large Vice-President § Keith Morton, Member § Stephen Birkenfeld § Randall Elledge § Mark Dora § Corey Lindeman § Eden Buddemeyer § Brian Richardson § Brent Womack § Michael Max § Bob York § WFFD, Retired I. CALL TO ORDER. Darron Leiker called the meeting to order at 3:00 p.m. He asked that all participants in the discussion introduce themselves. 2 II. CITY MEET AND CONFER DISCUSSIONS WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 432, AS AUTHORIZED BY CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE. Ray Wood thanked the City Manager for today's meeting. He understands that Mr. Leiker only wants active firefighters to participate in the discussions. However, the statute allows the Association to select its team, just as the City has the right to assemble its team. Mr. Wood feels that (retired WFFD employee) Bob York possesses information that would be useful to both parties. He also noted that Mr. Leiker had declared in a letter to him that he does not intend to enter into any written agreement regarding any of the issues discussed, but he believes there could be issues that would warrant a written agreement. Mr. Wood noted that an item on the list of discussable items is the movement of the Fire Marshal division under civil service. The only way such action can be accomplished is by a written agreement under 142. As Mr. Leiker has already noted he will not enter into written agreements, he wishes to strike this from today's discussion. Mr. Leiker asked if this was an action the Association desired. Mr. Wood replied it was to be brought to his attention as a possibility. Mr. Wood stated the next item of discussion is the pension contribution. Keith Morton would address this issue. Mr. Morton stated there is an inequity in the contribution rates for TMRS employees versus the firefighters' retirement system. The contribution made by the City to the Fire Department's pension is at 10.46%; the contribution to the TMRS employees is at 11.14%, and is set to increase in January to 12.04%. The Association would like to take care of that discrepancy, and at least get the contribution going to TMRS put into their firefighters' pension, also. The firefighters are currently paying 11%. In approximately 1999, the City was asked to match that. In response, the City put in a .54% contribution to a one-time annual salary life insurance policy. The Association would like the City's contribution rate go to the 12.04% - deducting the .54% for insurance would put the City's contribution rate at 11.50%. The next issue addressed was assignment pay. Mr. Wood noted there are several members on the department who do work above what is required for the position. There are over 43 Hazmat certified technicians on the job. All are required to take an 80-hour class and pay for State certification testing. Mr. Leiker asked if the firefighters pay this, or does the City. Mr. Wood replied that he was pretty sure the City made that available. Mr. Leiker asked if the schooling was done on weekends or at night. Mr. Wood replied the training was received during their shift times. The Hazmat technicians are required to have 10 extra continuing education hours per year on top of the standard required hours. He referred to a survey that shows numerous cities pay extra for certified Hazmat and air-pak technicians. 3 The trained firefighters provide maintenance and testing on 105 air-paks at the department, in addition to 10 more for the police and wastewater departments. The Association determined that the four individuals who service this equipment save the City at least $13,000 per year, since the equipment does not have to be serviced by an outside technician. Mr. Wood would like to see that extra duty rewarded with extra pay. Mr. Leiker asked if these firefighters perform duties on their normal shift. Mr. Wood replied that they do perform this work while on duty. Mr. Wood then noted the department has eight EMS instructors that are required to take a 40-hour class and recertify each year. They have nine EMT intermediates, and four EMT paramedics. The medical direction only allows firefighters to use basic skills, but these individuals went for more training, and want more money because of it. He referenced better pay practices, and wonders if that was intentionally omitted from the Waters compensation study, or if they might be worked into the budget. Mr. Leiker noted the intent of the study was to address base pay — not health insurance, benefits, or retirement. The Waters Group did provide a best practices guide of what other cities do, and it probably compares to the information the Association presented at today's meeting. The information will be considered during the budget process, in coordination with Chief Foster. Mr. Wood referred to Mr. Leiker's letter, noting the following language regarding the appeal process from the results of the compensation study. "Although each member has the right to appeal their job classification, it would be denied unless some sort of unusual circumstance is present that has not been considered and does not occur at the comparison cities." He asked Mr. Leiker if he would honor the appeal of those individuals who do more than is required. Mr. Leiker responded that he did not think so; the appeal process is for those who do not believe their evaluation was done correctly, or that certain key components required to do their job were left out. However, he encouraged anyone who had questions in their mind about the study to go ahead and appeal. Mr. Wood asked his feeling on those four people who provide a substantial cost savings to the City; would he be inclined to turn around and give a portion of that money back to them each month. Mr. Leiker would not commit to anything now, but would take it under advisement and discuss it with Chief Foster. But he did commit to looking at everything brought forward today toward future decisions. Mr. Wood noted the next issue is certification pay. Nick Hillner noted that he has been with the department for 22 years, and only received certification pay two budgets ago. There are three certification levels: intermediate, advanced, and master. The City pays $50 per month for advanced certification, and $125 per month for master certification. No money is paid for the intermediate certification, despite the fact that this certification requires additional schooling at Vernon College, after hours. 4 Mr. Leiker asked for clarification on intermediate requirements. Chief Foster noted it required four years of service, plus six hours of fire science courses. Mr. Hiliner noted the Association would like to have intermediate certification pay of $50 per month; advanced certification pay of $80 per month, and master certification pay of $125 per month. All comparison cities that the Waters Group surveyed recognize each level of certification. This would provide incentive, and lead to a more educated fire department. Mr. Wood stated next on the list was the Fire Marshal division being placed under civil service. Mr. Leiker asked him his thoughts on the issue, and would the position function better under civil service. Mr. Wood opined that any area under the direction of the Fire Chief should be a civil service position, as that would lead to a more unified department. Mr. Leiker questioned how the ranking would occur, if this were to happen. Mr. Wood stated that would have to be discussed, and current employees grandfathered in, but all of that involves a written agreement. Gary Broyles then discussed the radio system. He stated the new system has been in place approximately 18 months. Under emergency situations, such as fires, there have been multiple issues of having trouble communicating. It is not known what is causing the problems. It has been discussed with the Fire Chief. The Association feels a more in-depth study or an outside audit should be performed on the radios before someone gets hurt. The City spent a lot of money on these radios. He noted that they have no problems during day-to-day communication, but only in emergency situations. Mr. Leiker noted that when he got Mr. Wood's letter concerning topics of discussion for today's meeting, he immediately called Matt Benoit, who oversees the radio communication system. He strongly agreed that this issue needs to be resolved. Mr. Benoit told the Association that Mike Payne is the radio coordinator for the City. He offices at the training center by the fire bay. He documents issues with the radios from both police and fire personnel. His records are extremely detailed about problems, and efforts to fix those problems. Mr. Benoit does not think this issue is being conveyed to Mr. Payne with sufficient seriousness. It is important that he be involved in the process so that he can document the issue to try to solve the problems. When an issue arises, or if they have information on a past issue, he urged them to provide the information to Mr. Payne, such as when the incident occurred, who it involved, where it happened, and so on. He may even be able to reproduce the circumstances where this malfunction occurred. Mr. Hiliner stated it is hard to relay the frustration he feels as a first-line supervisor, and that of Gary Broyles, as battalion chief. The only communication they share, if he is in a burning building, is that radio. Mr. Wood added that the Fire Chief knows about the situation and has been working to come up with solutions. 5 Mr. Leiker asked how the new radio system rates compared to the old system. Mr. Broyles noted it is less superior than the old system. Then he added that one theory about the miscommunication during emergencies is that the radios are too complicated, have too many buttons, and that makes it too easy to make mistakes under stress. Mr. Leiker asked Chief Foster his opinion on the radios. Chief Foster said the new system has problems, but the old system had different problems. He believes the new system might be a hair worse than the old one. It was notably worse at the beginning, but they have worked through those issues. Mr. Leiker asked if he thought there was a perfect radio system, to which Chief Foster replied, no. He noted that San Antonio has faced the same problems as here. Mr. Leiker noted that Abilene is purchasing the same system as Wichita Falls purchased. Mr. Wood then noted that residency was the next topic of discussion. The statute allows the City to set a reasonable time. It is now set at 20 minutes, and the Association would like to see that time expanded to one hour, or the time limit eliminated. Mr. Leiker asked, besides being able to live further away from Wichita Falls, what benefit would be derived from such a change. Mr. Wood noted there may be a better employee who does not live within 20 minutes; if a guy wants to live in Vernon and work for the City, he'll be a good employee regardless of where he lives. The next issue was stability pay. The Association wants that pay that all non-civil service employees receive. Jim Dockery noted that stability pay has been here at least 18 years, and has always been set at a maximum of $800 during that time. It is recognition for those employees who have been here longer than five years. The longevity received by the police and fire departments is about identical, but actually equates to more compensation than the stability pay. Mr. Morton asked if the step plan for city employees is at 2.5%, to which Mr. Dockery replied affirmatively. Mr. Morton noted it is set at 2% for police and fire, due to longevity pay. Mr. Dockery noted that the 2% step, added to the longevity, about equals the 2.5% that non-civil service employees receive. Mr. Wood noted that they've been told it offsets longevity, and that if offsets their step plan, as well. Mr. Wood noted they also want to have the pay raise explained. Mr. Leiker noted that meetings are scheduled for that purpose. However, he asked if Chief Foster did not provide any information, as he or his assistant was present at every meeting with the Waters Group. Mr. Wood conceded that Chief Foster did sent out memos, but he had heard that David Winney was to meet with the various departments to explain it even further. Chief Foster could not explain an issue regarding describing the percentage of their raise. When it hit the table, it was less because of a guaranteed four hours of overtime. That question was addressed in a letter to Mr. Dockery, and it is still not understood. 6 Mr. Winney stated the meetings are set for January 8, 9, and 10, 8:30 and 10:30 each day. Mr. Wood asked for a five-minute break to make sure that everything was covered, and asked Mr. Leiker if he had any questions of him. Mr. Leiker stated he had no questions at this time. He will take today's discussions under advisement. He explained that as City Manager, he has to look at the entire city and make recommendations to the Council. The budgetary process starts in April with internal staff, makes it was to Council discussions by mid-summer, with adoption of the budget occurring in September. He has extensive meetings with department heads during that time. He relies on the department heads to prioritize what is important in their respective departments. Some of the ideas expressed today may be priorities that Chief Foster will bring to him in the spring. Mr. Leiker continued, stating he wished more could be done for all employees, including certification pay, better wages and benefits, but he has to work within the budget. There were tough decisions to be made this year in the fire department. The Council felt it was a priority to add new firefighter positions to meet the two in/two out rule. That was a major safety issue; many cities are still struggling with how to fund that mandate. Mr. Wood stated he was certainly not disappointed about that funding. Mr. Leiker stated that was an example of the issues that must be juggled and prioritized. That will always be the case. If any other issue arises, he suggested it be forwarded to him through the department's chain of command. Mr. Wood asked if it will be necessary to meet and confer. He stated it is done a bit differently, but he does not want to take away sit-down discussions. He wants to be able to come to Mr. Leiker's office to discuss items of interest. Mr. Leiker noted that it is his understanding that once Meet and Confer is enacted, the process is bound by the posting of open meetings, the setting of the agenda, and so forth. Meetings in his office, without the cameras and observers, are no longer possible. He asked Julia Vasquez for confirmation. She stated that the meet and confer meetings are public, and must be posted in accordance with the Open Meetings Act. Mr. Wood stated that he agreed, as long as there is the meet and confer action, and changes to civil service are discussed, which is allowed under the state. However, if the meeting is simply to discuss issues, he does not see the point of acting like the meet and confer process is occurring. Mr. Leiker stated that it does not bother him to have the cameras here, or the observers. He does not want to stifle communication, but meet and confer did formalize the process of discussions. He then asked his staff if they had any comments or questions. Mr. Dockery asked if the items discussed in the meeting had any particular ranking. Mr. Wood stated 7 the pension contribution is the number one priority. They want to have what other city employees have. Mr. Leiker stated the fire department has 20-year retirement. Mr. Broyles confirmed, 20 years at 50 years of age. Mr. Leiker then noted the police department has a 25-year retirement, to which Mr. Benoit added it is 25 years at any age. Mr. Wood stated the assignment pay is the second ranked item discussed today. Mr. Leiker asked how he would prioritize the assignment pay. Mr. Wood replied that the Hazmat employees go through quite a bit more schooling, but the air-pak technicians save the City money. They're both pretty important, and they would take whatever the City was willing to give. Mr. Broyles added they want anything that puts money in their pocket. Mr. Leiker noted that some of the items on the list are money and pay related. The Council has to approve such expenditures, and it is a process. Other issues, such as the radio system, do not have to wait until the scheduling of the next meet and confer meeting. If items such as that come up through the chain of command to the Chief, it will be promptly addressed. But policy and budgetary issues need to be processed. Mr. Wood noted the Chief has worked with them on the radio issue, but they wanted it on record that there have been problems. He then thanked Mr. Leiker for having this meeting. Mr. Leiker thanked the Association for their time. He understands, from the public comments made during the initial request for meet and confer, that the Association wanted an opportunity to sit down with him to express ideas and concerns, so that the next time he made decisions in those areas, he would take those ideas and concerns into consideration. He feels this is a healthy process. Mr. Wood stated it has not always been like this. Mr. Hillner noted that under the previous administration, neither the City Manager nor the City Council could be approached. His concern is that, although Mr. Leiker operates under an open door policy, and this particular Council is approachable, that can change if he seeks other employment and new people are voted onto the Council. Meet and confer gives the department that outlet whether there is an open door policy or not. Mr. Leiker stated that he assumed the priority ranking of discussion items today is a view shared by the rank and file. There was a general concurrence among the Association. Mr. Leiker thanked everyone for their time, and wished all a Merry Christmas. III. ADJOURN. The meeting was adjourned at 3:52.