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Meet and Confer Minutes - 06/14/2007 MEET AND CONFER CITY OF WICHITA FALLS &WICHITA FALLS FIRE DEPARTMENT JUNE 14, 2007 PRESENT: Michael Smith, Council for District 1 § Elected Officials Charles Elmore, Councilor for District 5 § 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, Firefighter (Association President) § Gary Broyles, Battalion Chief § Keith Morton, Captain § Wichita Falls Fire Department Nick Hillner, Lieutenant § Eden Buddemeyer, Lieutenant § Jim Davis, FEO § Brent Womack, Firefighter § I. CALL TO ORDER. Darron Leiker called the meeting to order at 1:35 p.m. He asked that all participants in the discussion introduce themselves. 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 meeting with the Association. He referenced a letter he had previously furnished to Mr. Leiker addressing the Association's concerns. Prior to discussing those concerns, however, he asked for the MEET& CONFER-CWF &WFFD J!NE 14, 2007 2 opportunity to touch on issues from the last meeting to determine if any progress had been made. Darron Leiker took the concerns expressed under advisement and met with the Fire Chief. Preliminary budgets have been submitted and entered into the system; he has met with department heads. He has a pretty good list of priorities for this next budget year. He will be meeting next month with the City Council to talk about the entire organization's budget. Jim Dockery noted the meeting is set for July 10. Mr. Leiker noted his draft budget will be submitted to the Council approximately two weeks after that meeting. Formal budget hearings will be held in August. No final decisions on the budget have been made at this time. Mr. Wood noted that some of the items discussed at the last meeting could not be acted upon as the budget for the fiscal year had already been approved. He has talked with Chief Foster about certain above-current needs. The only non-budgetary issue discussed was the radio system. This is a work in progress. Mr. Wood asked Mr. Leiker if he had given any thought to amending the residency policy. Mr. Leiker declared that he is not inclined to change the policy. In fact, he would like to see it changed to require employees to live within the city limits of Wichita Falls. He believes the 20 minutes response time allowed is plenty; it allows employees to live outside the city limits, but still have a reasonable response time. He allowed that he could see the Association's position, but he would have problems doing away with it. Mr. Wood opined that doing away with the policy would be a way to recruit better employees, but acknowledged it was the City Manager's decision. Mr. Wood asked if Mr. Leiker would like him to discuss the issues according to priority. Mr. Leiker told him to continue as he wants. Mr. Wood chose to go in the order of his list of items. Staffing Mr. Wood stated that, in order to provide better service to the citizens and for officer safety, minimum staffing levels should be set at 42. He appreciates the six additional members recently approved. The Association wants to get to a minimum of four people at the final two outside stations at all times. This number would make fire scenes safer, and the officers' jobs easier. The citizens would receive better service, as well. Mr. Leiker noted that he has talked to the Fire Chief and Assistant Fire Chief Weske on this issue. The additional six firefighters were hired on the Fire Chief's recommendation. He feels it is important to give this number a chance to work. It has only been since January that these positions were authorized. Chief Foster noted that MEET&CONFER-CWF &WFFD JUNE 14, 2007 3 the Department currently has 15 vacancies. Five firefighters are going to graduate very soon, so the vacancies will be reduced to ten. The Department is at 40 more often than at 42. He, too, wants to give this number a chance to work. Mr. Leiker added that it is owed to the Council and community to see how it works. Mr. Wood states that the city owes it to the citizens, as well, to provide better service. Forty-two firefighters would take care of that. Mr. Leiker contemplated whether the Department should continue the 24/48 shift, or look at converting to 10-hour shifts four to five days a week. He noted that some communities are doing that to economically meet the two in/two out rule. He wants to do what is right and safe for the community. Mr. Wood noted the Association's inclination would be to bump up the number of firefighters to 42. Mr. Leiker noted that would necessitate more overtime, and asked if the Association would prefer the overtime to the hiring of new firefighters. Mr. Wood responded that decision would be up to management. He agreed that it would be best to see how the hiring of six additional firefighters works out, and think about adding more in the next budget year. Pay Plan Mr. Wood noted the Association would have liked to have seen 10% between the ranks to make promotions more lucrative. He noted there are quite a few members of the Department who have issues with the Step-Up Plan. There are 13 individuals who, when they step up from firefighter to act as Drivers or FEOs, actually make more than the employee for whom they are filling in. Mr. Leiker noted it could be more, but not necessarily always. Lt. Hillner noted it is every time for these 13 individuals. Mr. Wood continued, noted these 13 firefighters at F or G actually make more per hour than does every driver on the job when they step up. He noted another issue: when a firefighter promotes to driver, he is responsible for the same duties as a driver who has held that position for 25 years. He has to know the territory, and be responsible for getting his members safely to and from the fire scene. However, that new driver will get only an eight percent increase in pay, when he is doing the same job as the next driver. Mr. Leiker pointed out that the new driver has less tenure in the position. Mr. Wood pointed out that a member could have less tenure, yet make more than one who made driver first. Mr. Leiker informed Mr. Wood that the Fire Department is the only department in the City that pays extra for members stepping up to fill positions that are vacated by someone who is sick or on vacation. The employees in all the other departments do not receive any additional pay to fill in for that role. He asked if the incumbents who make less than the persons who step up want the step up pay lowered. MEET&CONFER-CWF &WFFD JUNE 14, 2007 4 Mr. Wood explained that before the last salary adjustment, when a firefighter stepped up to driver, he would make the base salary of a driver, perhaps a 12% increase. Another firefighter, who has been a member for a long time, may only see an 8% increase to step up to that position. The general procedure was to move up the most senior member to make it more cost effective for the department. Jim Dockery noted the plan was not intended to work that way. The step plan is designed so that not all members of the same rank will be in the same step. When a firefighter who has been with the department for a number of years steps up to FEO, they might make more than an FEO when they receive the 8% incentive. The only way to solve it is to make sure the very highest firefighter pay range step is lower than the beginning step of the next position. The way to accomplish that is to cut the number of steps down for firefighters. But the firefighters would need to understand that in order to keep that pay discrepancy from occurring is to give up future growth if they do not move from the firefighter position into a higher rank. Mr. Wood observed that the solution could be to start at the highest rank of firefighter, and increase that to 8% for the FEO position. He noted that when the new pay plan was put into place, no one thought there could be a situation where a lower- ranking member who steps up to the next rank would actually make more money than others in that rank. He offered a scenario where a member goes through the promotional process and yet makes eight to ten percent less than someone else who performs the same duties. He understands the practice of a 12-year firefighter making more than a six-year firefighter. But a member who promotes should not be making less than a 12-year hoseman when he steps up. The intention of the old plan was that a promoted member deserved the same money as others in that rank, except for longevity pay. Mr. Leiker replied that there are a couple of ways to fix that. One is to lop off some of the higher steps and compress the ranges down more, so that it is a true stair step. The step up salary would be capped at the amount paid to the lowest salary paid for that position. He asked Mr. Wood if the Association would want the City to change the range and number of steps. Mr. Wood replied that he would want to see it on paper before he answered, but it sounds right. The Fire Department is a paramilitary organization, continued Mr. Wood. When a member steps up, he is responsible for all the duties of that position. A one-day fire lieutenant makes the same as a 20-year fire lieutenant, except for longevity. The only place in the ranks where the pay is at issue is from firefighter to FEO. He said if a member has been on the job for 20 years, and another members has been at a lower position for 12 years, and that 12-year veteran steps up to the 20-year veteran's position, it would not make sense for that 12-year veteran to make more than the 20- year veteran. MEET& CONFER-CWF & WFFD JUNE 14, 2007 5 Mr. Dockery noted that should not happen. It will happen now, but only until the plan has worked its way through. The plan has not been in place as long as a 20-year employee. Had the plan been in place for 20 years, this circumstance would not occur. It will eventually correct itself. Mr. Leiker concurred, adding this will happen as people retire and new members are hired. The step plan should reflect an employee's years of service. Mr. Dockery noted that when the pay plan was put into place, everyone was put in at Step B. The City could not afford to place everyone at the number of years of service they had at the time. The cost would have been exorbitant. People with longer tenured positions were making the same as others in the range. To compound the problem, when a member was promoted, he was put in the same rank, rather than in a lower step. Eventually, over time, this should be resolved. Mr. Wood gave a scenario: firefighter A has eight years experience. Firefighter B has 10 years experience. Firefighter A makes driver in January, and gets an 8% increase. Firefighter B makes driver in February, yet he makes more than Firefighter A. He asked management to understand Firefighter A's disappointment; he studies to make rank, yet a member who is promoted a year later makes more money. Mr. Dockery explained that this circumstance will occur for a while. Mr. Wood noted another issue with the pay plan. When the Waters Group came in, management said that no one would lose money. If a member made more than the average (or range, which is different), some people who would step up from firefighter to FEO would make a certain amount of money. Now, 1'/2 years later, they are making less. Mr. Leiker explained that no employee, after the compensation study, would get a base pay cut. If someone was outside of their new pay range, they would be frozen. Mr. Wood asked how a driver can make less this year compared to last year. He also asked if the steps should not fall off as the years go by, rather than staying there and the person moving. Mr. Leiker noted the whole pay plan rises. Mr. Wood noted that firefighter trainees had to have a high percentage salary adjustment because that position never got the 2% jump every year. Mr. Leiker stated he does not know if that is true; if the position was in the pay plan, it would receive the cost of living adjustment. Mr. Leiker stated that he understands the Association's concerns with respect to step up and the overlap, and it will be looked at. But as Mr. Dockery explained, the firefighters who do not wish to promote may not like the fact that three to four years of step increases would have to be eliminated to cure this issue. He wants the Association to think about that and poll its members. Mr. Wood noted that the first problem to be addressed is the fact that a member who is promoted and has same responsibilities as others in that rank should make the MEET&CONFER—CWF&WFFD JUNE 14, 2007 6 same salary. Then, a plan should be instilled for a member who steps up to make a percentage of that position's salary. Mr. Leiker noted there is a philosophical difference here. Management believes a newly promoted FEO should not make the same as a five-year FEO. However, the City will guarantee a minimum of 8% increase to promote to make it worthwhile. Mr. Wood's suggestion to leave everyone at the same step regardless of how long they've held their positions defeats the purpose of a step plan. Emergency Preparedness Coordinator Mr. Wood stated it is the Association's position that any job directly under the Fire Chief needs civil service protection. He has copies of case law and an Attorney General opinion that supports this position. Chief Foster has told him that these cases are old, but he feels they are a precedent. The opinion states in part that whether a particular fire department member satisfies a municipality's definition of firefighter is immaterial if that member holds a position that requires substantial knowledge of firefighting and works in the fire department. Mr. Leiker asked if there was a particular reason the Association holds this position. Does it believe it will lead to the hiring of a better employee, and if so, how? Captain Keith Morton stated he has been on the job for 33 years. He has seen the Fire Marshal's office pressured by City management and the City Council on various construction projects in town, to the point that the fire prevention codes have been "bent" in order for the Fire Marshal to keep his job. He has seen it recently. Mr. Leiker asked who was involved, and Captain Morton replied that David Collins was "probably in there." Mr. Leiker asked if this pressure had been evident within the past two years, to which Captain Morton replied no. Mr. Leiker stated that he was trying to figure out if the accusation was being pointed back to him. (There was laughter throughout the room.) Captain Morton noted that the Fire Marshal and the Emergency Management Coordinator positions would be better served without having the at-will status hanging over their heads. Mr. Leiker stated he has an opposite take on this issue. He believes a better person could be hired without civil service status. The position would not be given to someone who just happened to score the highest grade on a test on that particular day. Interviews could be conducted. If it were a civil service position, that position could change whenever there is a promotional opportunity. There will be more stability in that position without civil service status. He understands that the Association has some legal opinions that state the City is required to have this position under civil service protection. If it is discovered that that is truly the case, then it will be. However, the City's legal staff has looked twice at that issue, and is convinced that the position does not need to be civil service under the law. Some of the opinions and court cases have changed that make those that Mr. Wood refers to moot. He asked Julia Vasquez if she wished to speak on this topic. MEET&CONFER—CWF&WFFD JUNE 14, 2007 7 Ms. Vasquez noted the Attorney General opinion is from 2003. It talked about each member of the fire department whose position requires substantial knowledge of firefighting and works in the fire department fell within the statutory definition of firefighter for purposes of civil service protection. In 2005, the 79th Legislature amended Chapter 143 to restrict the definition of firefighter to someone whose job requires substantial knowledge of firefighting and who is eligible to be certified by the Texas Commission on Fire Protection. A person has to meet those two criteria before they are considered to be a firefighter for purposes of this statutory protection. This issue came up recently in appeals concerning seniority points. This is why the trainee period is not covered for that purpose. An individual does not fit the definition of firefighter until the required training has been completed. If an individual's job does not require those two criteria, they are not considered to be a firefighter. Captain Morton asked if the law reads, certification as a firefighter, or just certification by the Commission? Fire Marshals are certified by the Commission, but not as firefighters. Ms. Vasquez noted the issue concerns the position of Emergency Management Coordinator. Captain Morton stated he realized that, but it is a relatively new position and is not specifically listed. Ms. Vasquez noted the Coordinator position does not require substantial knowledge of firefighting, to which Captain Morton disagreed. Chief Foster noted that the Coordinator needs to know who the Chief is, and be able to work with the Chief, but they do not need substantial knowledge of firefighting, as they won't be running the incident. Ms. Vasquez stated that the definition of firefighter does not apply to administrative positions. Mr. Leiker noted the City's position is that the Emergency Management Coordinator is an administrative position. He told Mr. Wood that he could have a copy of the City's research on the issue. Mr. Wood reiterated Captain Morton's position that the Coordinator needs civil service protection to keep it free from political influence. The Association understands the City's position on this matter, but wants their position on record. As far as stability and turnover, he feels this would be a great opportunity to use Meet and Confer to determine how this position will be instituted into the fire service. Individual Retirement Plan Mr. Wood advised that Nationwide Financial Company offers deferred compensation similar to ICMA, yet charges less in administrative fees. He would like Nationwide to have the opportunity to give a presentation to all employees. He believes competition would result in better service to employees. Mr. Leiker asked Mr. Wood to have a Nationwide representative send him a summary that includes their fixed administrative costs so that he can conduct a comparison with ICMA. He would bet their costs are close to those of ICMA, if not higher. The City offers a 457 plan to all employees; he does not want to offer an additional company's plan, as it would be too MEET& CONFER—CWF &WFFD JUNE 14, 2007 8 hard to keep track of different plans if there is no real benefit. Mr. Wood noted that Abilene uses Nationwide. Mr. Leiker asked if Nationwide is the only company it uses, to which Mr. Wood replied he did not know. Longevity The longevity pay issued had been questioned in the past, without the Association receiving a concrete answer. Mr. Wood questioned why all other City employees receive 2'/% on their step increase, and fire department employees only receive a 2% increase. The Association has been told it is because the fire department employees receive longevity. When the Association asks why all other City employees receive stability pay, the answer is because the fire department employees receive longevity. Mr. Leiker stated that staff will put the numbers on a spreadsheet and show a comparison. It is not a one-per-one. The Fire Department's longevity pay does not make up in its entirety that one-half percent. Mr. Dockery, speaking for past administrations when the plan was enacted, stated that stability or longevity plans are to recognize longer tenured employees and to provide stability. Two and one-half percent was in place for non-civil service employees. Those employees did not receive longevity pay, but they did earn stability pay. The thought was that the police and fire should not receive 21/2%, as they already had longevity. Staff tried to find a reasonable percentage to make them comparable. It is not a one-to-one, but it is somewhere in between. He asked if the Association is asking for stability pay. Mr. Wood replied that would be fair enough. Mr. Leiker stated that he has non-civil service employees ask him why they do not get paid for sick leave upon retirement. If the Association is comparing score cards between civil service and non-civil service employees, he pointed out that some fire department retirees receive $30,000 for sick leave when they retire. The City cannot afford to provide that to non-civil service employees. Captain Morton replied that attendance might increase if it was provided. Mr. Leiker advised the Association to keep in mind that any leveling of the score cards may subtract benefits from other areas. Mr. Wood replied that they always want to make the score card go up, not down. Pension Contribution Mr. Wood noted this issue was discussed at the last Meet and Confer discussion. He had hoped that the City Council would bump up the City's contribution to the Fire Department's pension plan when other employees got their pension plan bumped up, but that did not occur. He asked if that is in the works for this budget year. Mr. Leiker noted that no decision has been made, but it is under evaluation. MEET&CONFER-CWF &WFFD JUNE 14, 2007 9 He met a couple of months ago with members of the Fire Department's pension board. The Board was ready to embark on an actuarial. They wished the City would decide before the actuarial runs the numbers and adjusts the rates. It was decided the actuarial would run two scenarios — the current contributions, and a matched contribution equal to TMRS. The decision to change the rates won't have to be made until after budget decisions are finalized. Mr. Wood compared it to five children at Christmas; four get gifts, and one gets nothing. Mr. Leiker pointed out that for many years, the fire department's pension contribution from the City was higher than for all other employees; it turned the other way not very long ago. Mr. Dockery added that it stayed at 9% for a long time, which was way above TMRS. But now, TMRS has caught up and moved slightly ahead. Mr. Leiker stated that five or six years ago, the City leveled those to have parity between them. But they did not tie the two together. Mr. Leiker asked him to prioritize the list, as the City is in the middle of the budget process. Mr. Wood noted that they are all important, but it would be nice to get the same pension contribution as all other City employees. They have given Chief Foster their list. Lt. Hillner noted the list includes certification pay and sign-up pay. Mr. Wood noted that staffing will always be an issue, and he believes both sides are working toward that. Mr. Leiker noted the City would love to be able to fund all issues, but there are simply not enough resources. Management and the Council will do the best they can. Mr. Wood asked if he could receive feedback on the process. Mr. Leiker noted that as the budget process progresses, he will communicate to Mr. Wood which items are recommended to the Council, and which are approved and which are not. Mr. Wood thanked him for this assurance. He added that he will contact a representative from Nationwide. He thanked Mr. Leiker for the meeting. He stated the Meet and Confer process is not a demanding process. The Association cannot demand anything from management, but simply ask that it take issues under consideration. Mr. Leiker noted that the Association asked for the opportunity to meet with him and express its concerns. That is what is occurring. He assured Mr. Wood that he would receive feedback to distribute to the Association as the process moves along. III. ADJOURN. The meeting was adjourned at 2:35 p.m.