Loading...
Meet and Confer Minutes - 08/03/2011 MEET AND CONFER CITY OF WICHITA FALLS & WICHITA FALLS FIRE DEPARTMENT AUGUST 3, 2011 PRESENT: Darron Leiker, City Manager § Jim Dockery, Assistant City Manager/CFO § Earl Foster, Fire Chief § City Administration Julia Vasquez, First Assistant City Attorney § Bill Weske, Assistant Fire Chief § Linda Merrill, Recording Secretary § Michael Smith § Councilor, District 1 FEO Robert E. Whiteley, WFFD § International Association of Captain Nick Hillner, WFFD § Firefighters, Local 432 Lt. Chris Duncan, WFFD § I. CALL TO ORDER Darron Leiker called the meeting to order at 10:00 a.m. He welcomed the attendees. II. ISSUES FOR DISCUSSION Two Additional Men per Shift to Fully Meet Two-ln, Two-Out Bobby Whiteley said the parties had not met in a while, but it is important to keep communication going and on the record. The Association knows Management's position on this issue, but they want to keep it on the burner. Mr. Leiker said adding two additional personnel per shift, thereby raising the minimum staffing level from 40 to 42, would cost approximately $328,000 in personnel costs, benefits, salaries and uniforms. Mr. Whiteley asked if it is more or less expensive for the City to use hire-backs versus hiring new personnel. Mr. Leiker said it would be more expensive to use hire- backs than to hire entry-level employees, once overtime has to be paid. Chief Foster said that it is difficult to use hire-backs only on a straight-time schedule when there is a large number of vacancies, such as the 16 vacancies the Department suffers at present. Mr. Whiteley added that it is hard to meet straight-time personnel requirements during vacation months. MEET&CONFER—CWF&WFFD AUGUST 3, 2011 2 Chief Foster has an above current request for these positions in the proposed budget. However, Mr. Leiker said he will not recommend it to the City Council because the majority of them have told him they will not support a tax increase. An increase in the budget of$330,000 would require a tax increase, unless cuts were found elsewhere or pay increases were deferred. Reinstatement of Step Plan Mr. Whiteley stated the Association's second priority is reinstatement of the step plan. Mr. Leiker said the City is facing another tough budget, although not as bad as the past two years. Final numbers from the Appraisal District reveal values are flat, so the City cannot count on additional money from property values, the number one revenue source for the general fund. However, sales tax revenues (the City's second largest revenue source) have rebounded. City staff held a July 5 budget workshop with the City Council, and gave them a preview of major budget items, revenues and expenditures. It will cost approximately $800,000 to reinstate the step plan. In addition, some enterprise funds (such and water and sewer funds) might not be doing as well as the general fund revenues. If the step plan is reimplemented, it will have to be paid for in the enterprise funds, as well. It is a high priority for management to reinstate the step pay plan. For non-civil service positions, it serves as motivation to maintain a high caliber of work, and serves to boost morale. Jim Dockery noted that the $800,000 is for only one step increase; rather than multiple, retroactive increases. Anniversary dates of more veteran employees may need to be artificially changed to October so that they at least get their step increases earlier than those employees who have worked here for a shorter period of time. Mr. Whiteley asked if the City envisions the economy ever sufficiently rebounding to allow employees to make up the ground lost these past three years with no step increases. Mr. Leiker said it would take a tremendous rebound for that to occur. Mr. Whiteley said the Association appreciated the 2% cost of living raise received a few months ago. Mr. Leiker cautioned that his budget is just a recommendation to the Council. It will be released to the Council on August 9. On August 16, following the regular business of the Council meeting, they will segue into budget hearings for the next day and a half. The budget will be finalized and adopted in September. Mr. Dockery said an intranet message from the City Manager will be sent to all employees, summarizing the major points of the budget plan. IV. OTHER ITEMS OF INTEREST Mr. Whiteley said the Association presented a transfer policy to Management a few years ago from the City of Tyler. Unfailingly, when there is a transfer at the department (due to promotions or retirements), someone is unhappy with the move. The MEET&CONFER-CWF&WFFD AUGUST 3, 2011 3 Tyler policy, which could be tweaked to suit Wichita Falls, would allow for a point system (based on years of service and rank) so that the employees could bid on available positions. This would be a no-cost morale-booster, and could be instituted on a trial basis. Chief Foster said the current system has been in place for over 25 years. Employees have the opportunity to request transfers to open positions, and they can also put in requests to stay where they are (following promotions). If someone wants to fill a vacancy and no one else wants it, he tries to make that happen. But transfers are always viewed with an eye to what is best for the department. For example, new drivers are partnered with veteran officers; consideration must be given to having the required certifications to work HazMat at Station 5; as well as there must be a required number of instructors per shift. There are a lot of items to consider, and sometimes people simply have to be put where they are needed. The Tyler policy has attractive points from the standpoint of the employee, but the department needs flexibility. Trade Time Limits Mr. Whiteley then discussed the Association's request to lift the 240-hour limit on trade time. Many other fire departments do not have these limits. Very few people ever approach the maximum. Chief Weske has said he would review those situations on a case-by-case basis; however, Mr. Whiteley does not feel anyone should be receiving favors from the department. Instead, there should be a change in the policy. If trade time limits were gone, the department members could fill absent employees' positions until they are able to return to work. Mr. Dockery asked if it would always be cost neutral. Chief Foster said it would, as the time would be shown on the books that an employee is off work, and someone else is working his shift. Mr. Leiker expressed concern over having no trade time limits, which could allow for an abusive situation. Mr. Whiteley said the Chief would monitor the program so that abuses would be prevented. Mr. Leiker said the police department has a 40-hour limit on its trade. Chief Foster said the former fire chief increased the department's hours to 240 so that a fire fighter could go to college throughout the year and have someone work for him during that time. Mr. Leiker said it is the Chief's purview to establish internal policies and he trusts his judgment. If allowances can be made for those rare occasions someone may need to exceed the 240 hours, then he is not sure a change to the policy is warranted. Mr. Whiteley said it would be a cost-neutral morale booster, and allow the department to take care of their own regarding sick leave needs. Mr. Leiker said they will continue to monitor the situation. Mr. Whiteley then discussed the City's sick leave bank. The Association members do not want to use it, but he would like to figure out how to motivate the members to contribute to it. It would be a scheduling nightmare to try to donate 8 hours (of a fire fighter's 12- hour shift). Chief Foster agreed that their shifts do make it more MEET& CONFER—CWF& WFFD AUGUST 3, 2011 4 difficult to donate, but added that fire department personnel do avail themselves of the City's sick leave bank. Trade Time After Sick Leave Mr. Whiteley said this is another no-cost issue that would involve a simple rule change. There is a current requirement that a fire fighter must work a shift before another member can work the next shift in his place. In other words, a fire fighter can be scheduled to be off on vacation and have another officer scheduled to work in his place — but if he is off sick on the shift prior to that shift, then he loses the ability to have someone work for him as originally scheduled. Chief Weske said this rule is in place to disallow someone from parlaying sick leave into a longer vacation period. Mr. Leiker said this is another internal policy that is under the Chiefs control. Mr. Whiteley said it would benefit the City to change this rule, as other fire fighters would fill this position at no extra cost to the City. Chief Foster said there are obvious differences between a firefighter who suffers a broken leg who will be out a month versus one will never return to work due to a catastrophic illness. There are other issues to consider, such as FLSA and wage and labor matters. Ms. Vasquez agreed, wondering when the substitution becomes regular work if there is no foreseeable end date. It is easy to get into trouble with the FLSA regulations, and therefore preferable that any waiver requests be reviewed on a case-by-case basis. Physical Agility Testing Nick Hillner said at one time, physical agility testing was scored, combined with the score for the written examination, and the applicant was given an average score. He wonders why that practice ended. Chief Foster said the local Civil Service Commission halted that practice about six years ago. Ms. Vasquez said it was after the investigation (of former Civil Service Director). The City at one time had two exams for the police department — an entrance exam, and a civil service exam. This practice of two examines was not in compliance with Chapter 143. There should be only one entrance examination, which pertains solely to general knowledge. The results of this test determine whether an applicant will be put on the eligibility list. Chief Foster said there used to be scores for many processes — the written exam, physical agility testing, assessment center, etc. To standardize everything, the Civil Service Commission voted to eliminate everything that was not required by Chapter 143. Mr. Dockery asked if the eligibility list is now determined only by the entrance exam score. Ms. Vasquez replied affirmatively. Mr. Dockery asked if that could be changed through a Meet and Confer agreement, if that is what is desired. Ms. Vasquez said the physical agility test cannot be equated with the written examination. The written MEET&CONFER-CWF &WFFD AUGUST 3, 2011 5 test establishes eligibility to be placed on the list. That is the starting procedure. Then the physical agility test and all other things that are part of the process are discretionary, including the assessment center and the Chief's interview. The physical agility evaluation could be combined into those other discretionary factors and given whatever weight is desired. The test gets the applicant on the list; everything else is weighted as desired. Mr. Dockery reiterated that Meet & Confer allows for deviation. Ms. Vasquez said she would not recommend that deviation. Fire departments are notoriously targeted for discrimination by the EEOC. Mr. Leiker asked Ms. Vasquez to confer with Tammy Guerra to determine if changes to this procedure would violate any laws. Once that is confirmed, the members could be polled and the Chiefs can express their opinions. He added that this may be an opportunity to look at other pieces of the hiring/recruitment process. Management may want changes that would need to be approved by the Meet & Confer process. Ms. Vasquez concurred, stating that through a Meet & Confer agreement, San Angelo is now allowed to bypass the requirement for two or more individuals testing at one time. It can take its mobile testing unit to a populated area, such as a Wal-Mart, and test one individual at a time. Pink T-Shirt Campaign Chris Duncan said the Fire Department's campaign in support of the fight against breast cancer has earned $25,000 over the past two years; their goal this year is $10,000. They are selling pink t-shirts and ribbons. Chief Foster added the items will be sold from Stations 1, 5 and 8. In October, there will be three periods of three days each during which the fire fighters will wear their pink t-shirts on duty. Mr. Duncan said they would like to get all City workers wearing pink one or two days during the campaign. V. ADJOURN. Mr. Leiker expressed his appreciation to the attendees. He reminded them that there will be a communication from him during the week of August 7 regarding his proposed budget. The meeting was adjourned at 11:13 a.m.