Meet and Confer Minutes - 08/05/2010 MEET AND CONFER
CITY OF WICHITA FALLS & WICHITA FALLS FIRE DEPARTMENT
AUGUST 5, 2010
PRESENT:
Darron Leiker, City Manager §
Jim Dockery, Assistant City Manager/CFO §
Earl Foster, Fire Chief §
Dennis Bachman, Police Chief § City Administration
Julia Vasquez, First Assistant City Attorney §
Tammy Guerra, Civil Service Director §
Linda Merrill, Recording Secretary §
Bobby Whiteley § International Association of
Nick Hillner § Firefighters, Local 432
David Collins §
�. CALL TO ORDER
Darron Leiker called the meeting to order at 2:00 p.m. He welcomed the
attendees.
II. ISSUES FOR DISCUSSION
Step Pay Plan Reinstatement
Bobby Whiteley questioned the possibility of reinstatement of the City's step pay plan.
Mr. Leiker said that he will submit his proposed budget to the City Council next week. The
Council will hold public hearings, and formally adopt a budget at its last meeting in September.
The City's revenue sources have all decreased, including sales tax receipts and property
revenue. He does not anticipate an increase in revenue from other sources, such as franchise
fees. The City's interest earnings have dropped from $500,000 or more to around $100,000.
Staff has worked to cut the budget but still provide good services. The voluntary early
retirement incentive helped cut personnel costs. He can balance the budget, but is not sure
what will be left for pay increases. Mr. Whiteley asked if he anticipates this to be an ongoing
situation. Mr. Leiker replied that the local economic situation is improving, but it may take 3-5
years to rebound. It will depend on consumer confidence levels and whether new companies
can provide the predicted employment opportunities. He hopes to continue to maintain good
benefit levels without cutbacks, as well as good retirement and health insurance programs.
Mr. Leiker is proposing in his preliminary budget to City Council a mid-year 2% cost-of-
living increase effective in March 2011, predicated on forecasted sales tax projections of 1%
growth. If that level of growth is not reached, then the 2% pay increase will not be given, unless
MEET& CONFER-CWF &WFFD AUGUST 5, 2010 2
other areas of savings can be achieved. The step plan is more expensive than a cost-of-living
adjustment. A cost-of-living increase would help those employees who may be topped out in
their respective pay range, and would be an immediate benefit to all, versus a step increase
which would be given at various times throughout the year, depending upon ones anniversary
date.
The City is doing well with its health insurance program. The Employee Benefits Trust
Board will decide in the next few months whether employees' premiums need to change. He is
proposing an increase in the City's contribution of two to three percent. He is not proposing
cutbacks or furloughs in the upcoming budget, as other Texas cities have done.
Mr. Whiteley believes the City needs to educate citizens, and its own employees, on how
various City funds can be used. An extension of the trail system was approved at the last
Council meeting, and he has heard comments that the City can spend money for a sidewalk,
but will not spend money on its employees. Mr. Leiker replied that the circle trail is a
long-range plan for the City, and the money was an 80/20 grant from the federal
government. It was not money that could be spent on personnel.
Mr. Hillner asked if the Administration intends to implement any of Chief Foster's
budget-cutting proposals. Mr. Leiker replied that he had asked departments for two
budgets. One was to hold the line with no additional requests and to look for ways to
operate more efficiently. The other was to include an across-the-board 4% cut. With the
early retirement of a number of employees, it was not necessary to go to that second
budget. He did choose some proposals from various departments, including the Fire
Department's cost recovery program. Mr. Hillner expressed concern that many citizens
will not realize there is a charge until they get a bill for services. The Fire Department
wants to be a positive part of the City, and they do not want citizens to worry about
money when firefighters arrive at the scene. Mr. Leiker replied that he is aware of the
sensitivity of this issue, and efforts will be made to communicate the program to
citizens. Over 300 cities in Texas have already implemented this program. Mr. Leiker
said the City's ISO rating improvement may offset any minor cost increase to premiums
because of the charge, as citizens may see a savings in their insurance. But, he added
that if a person's insurance premium is increased it will be because of the auto accident,
not necessarily because of the fire service recovery charge.
Staffing
Mr. Whiteley said he wants to make sure additional staffing is still on the table. It
is important to the Association as a safety issue.
Sick Leave Pool
Mr. Hillner discussed implementation of a sick leave pool solely for the use of the
Fire Department, based upon the City's existing policy. The employees could donate 12
hours each; with 150 employees, that might be the only time they would have to donate.
Members could donate at any time, but must donate in order to be eligible to use it.
They must exhaust their vacation time, and all but a minimum of their sick leave before
drawing upon the pool. Use of the leave would be at the discretion of the welfare
committee.
MEET& CONFER-CWF & WFFD AUGUST 5, 2010 3
Mr. Leiker asked why a separate sick leave pool was necessary. Chief Foster
serves on the City's sick leave pool committee, so the Department is represented. The
formation of a separate pool for the Fire Department could lead to other departments
requesting their own pools and unnecessary duplication of efforts. He asked if there was
a particular aspect of the leave pool that did not work for Fire Department personnel.
Mr. Hillner said it is more a matter of the Fire Department wanting to take care of their
own. He is not sure the department's employees would even donate to the City pool.
Mr. Leiker replied that all City employees, including firefighters, are part of the
same team. Fire Department employees are eligible to use the City's existing pool. He
sees no need for a separate pool. Mr. Hillner said the topic has been discussed at the
stations, and a lot of the firefighters remarked that they would not donate to a City pool,
but only to a Fire Department pool. Mr. Leiker said the desire for a special sick leave
pool separate from the rest of the City sends the wrong message to non-Fire
Department employees. The Association might want to work on changing that message,
considering how it may be perceived by other departments. He would rather let the
existing pool work and would encourage the fire department to avail themselves to it.
Mr. Whiteley feels there is a lack of education regarding this program. Mr. Leiker
noted that he put the Fire Chief on the committee in part to provide for better
communication and to gain "buy-in" with the department. Jim Dockery said that Pool
Chairman Lou Franklin will occasionally visit departments to talk about the program. Mr.
Hillner suggested that Ms. Franklin, the Chief, and an Association officer make
presentations at shift meetings regarding the leave pool to stir interest and participation.
Chief Foster observed that police personnel avail themselves of the pool. He does not
know why Fire personnel do not. Mr. Dockery noted that police and fire employees
usually do not exhaust their sick leave, which is a program requirement, because they
can accrue unlimited sick leave, versus non civil service employees who do not. Mr.
Leiker asked if this program is discussed during new employee orientation. Tammy
Guerra stated that it is, but they can do more.
Assistant Fire Marshal
David Collins reported that former Assistant Fire Marshal Jeromy Lucas
promoted to lieutenant. This promotion took him out of the Fire Marshal division. The
division lost two years of experience, and a fully-certified employee. Many hours are
involved in meeting the training mandates for fire marshal: peace officer certification (a
six-month process through the City's police academy); certification as Inspector I,
Inspector II, and as Plans Examiner through the Texas Commission on Fire Protection
[202 hours]; as well as the Investigator's curriculum [150 hours].
If this assistant position is again filled by a driver, it would be a 13-month process
before that employee would be functional on their own. This three-person division is
down to two employees, and September-December is typically their busiest time. He
would have to spend 352 hours of his time with this individual (or about $12,000
equivalent in pay). Jeromy was the sixth person trained for that position in the past 13
years, and one of those employees lasted six years. If the position was made a
lieutenant slot, he believes it would minimize expenditures and maximize productivity.
MEET&CONFER-CWF &WFFD AUGUST 5, 2010 4
Mr. Leiker said he is not convinced that simply increasing that position's rank is
the solution. The likelihood that the assistant fire marshal would again make promotion
to lieutenant is not great, given the number of other FEO's competing for the open
lieutenant slot. If the position was upgraded to a lieutenant slot, and that same
employee happened to be at the top of the captain's promotional list, do we keep
bumping the person up just to retain that employee in the division?. He understands the
recruitment difficulties the Fire Marshall division faces now that it is civil service.
Mr. Collins responded that it is the only division in the department that does not
have rank and file status. Rank goes from driver to battalion chief, with no lieutenant or
captain positions. He will retire at a future date; he is concerned that a captain will test
and promote to his position, but will have spent his career in operations or suppression,
and have little to no training in Fire Marshal duties.
Chief Foster asked if the Association would be willing to give back the position,
as far as civil service, thus making it easier to fill. Another option would be to sign a
Meet and Confer agreement that would allow him to appoint someone to that position.
Mr. Leiker said the Chief would look at certifications held by applicants, and their
educational background and overall qualifications, and choose the best employee as is
done in non-civil service positions. Mr. Whiteley said this would have to be discussed
with the Association.
Mr. Dockery asked whether a Meet and Confer agreement could be entered into
wherein the Fire Marshal division has its own rank. Ms. Vasquez said that was her
original proposal and the Association was opposed to it. Chief Foster said every
structure has it positive and negative sides. At present, he is sending personnel to
inspector and investigator classes, to work toward gaining certifications that may be
needed down the line. He is opposed to the idea of rank simply for rank's sake.
Mr. Whiteley observed that Wichita Falls is surely not the only city in this position.
Chief Foster agreed, provided those cities are under civil service. Ms. Vasquez said
some cities have inspectors with no peace officer certification. They do preliminary
investigations into the cause of fires before they turn it over to the (certified) arson
investigators. Mr. Whiteley acknowledged there are many variables involved. Mr. Leiker
said the flexibility to appoint someone to the position would be helpful. Even if the Fire
Department did not have a qualified applicant, someone moving here might have the
necessary qualifications. The point is to keep the positions filled. Ms. Vasquez stated
that even if an outside hire has the necessary qualifications, they probably would not
meet all civil service requirements without a Meet & Confer agreement.
The question is complex and won't be solved today, declared Mr. Leiker, but he
is open to a Meet and Confer agreement that might help solve the dilemma. It is
important to visit with other cities similarly structured to see how they handle it.
Tammy Guerra said that Human Resources periodically visits with departments
to explain various programs and policies, in an effort to build cohesion of the
MEET& CONFER—CWF &WFFD AUGUST 5, 2010 5
departments. She would like to couple the meeting regarding the sick leave pool with
other topics of policies and benefits. Mr. Whiteley said they want to be team players.
III. ADJOURN.
The meeting was adjourned at 3:00 p.m.