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Meet and Confer Minutes - 05/29/2012 MEET AND CONFER CITY OF WICHITA FALLS &WICHITA FALLS FIRE DEPARTMENT MAY 29, 2012 PRESENT: Darron Leiker, City Manager Jim Dockery, Assistant City Manager/CFO Earl Foster, Fire Chief Julia Vasquez, First Assistant City Attorney City Administration Tammy Guerra, Civil Service Director Linda Merrill, Recording Secretary Michael Smith, Councilor District 1 City Council Dorothy Roberts-Burns, Councilor At Large Annetta Pope-Dotson, Councilor District 2 International Association of Firefighters, Local 432 Chris Duncan Jason Baber Nick Hiliner Randal Reel Bobby Whiteley Derek Bachman Joe Raub Kevin Scholl Michael Graddy Matt Shugart Brent Womack Darren Baber Joe Jackson Roy Mauldin Rowdy Elledge Greg Oliver Trent Mays Matthew Childs Jimmy Young Joe Morris Patrick Skjelstad Bruce Deeb Larry Wilkinson, II Derek Davidson David Collins Carson Scarbrough Craig Berend Eden Buddemeyer Cary Richie Bob York Frank Vieth 1. CALL TO ORDER. Darron Leiker called the meeting to order at 3:00 p.m. He welcomed the attendees. MEET& CONFER—CWF &WFFD MAY 29, 2012 2 2. DISCUSS PRIORITIES OF THE ASSOCIATION DURING THE BUDGET PROCESS. Mr. Leiker distributed a document which showed the anticipated revenues for the City's general fund. He has received the preliminary valuations from the Appraisal District, with the final report due in July. There is virtually no growth from last year (.09). Sales tax revenues are forecasted at only .13 growth. Historically, the City enjoyed 4% to 6% sales tax growth. Sales tax revenue and property values are the City's primary revenue sources. He does not set the budget, but instead, prepares a preliminary budget which he recommends to the City Council. Tough decisions need to be made, such as whether to continue the recently reinstated step pay plan, and whether cost of living increases can be afforded. Health claims are skyrocketing, which will in all probability call for an increase in City and employee contributions. A July 3 budget work session is scheduled to discuss these and other challenges and issues. He will draft his final preliminary budget, and will then hold budget hearings. Bobby Whiteley said the Association's most important budgetary request concerns staffing. They want the ability to have four men on every engine, resulting in two more people per shift. It is a safety issue, and the firefighters are more efficient working under the two in/two out scenario. Nick Hillner added that Stations 3 and 4 do not have the manpower to accommodate two in/two out. Mr. Leiker stated that Chief Foster makes a request for additional personnel every year. Jim Dockery said the City has plans to do a market comparison, particularly of the police and fire personnel, to determine whether the City has fallen out of comparison. Mr. Whiteley said the Association is in favor of that. The members have fallen behind in average pay, and have lost firefighters to several Texas cities, including Denton, Arlington, Lewisville, Farmers Branch, Plano, San Antonio, Lubbock, Fort Worth, and two recently to Weatherford. Those cities reap the benefit of Wichita Falls training. Mr. Dockery noted that people leave their places of employment for various reasons. If it is a pay issue here, the City needs to know about it. Mr. Leiker agreed, stating that Wichita Falls wants to compete with peer cities. Mr. Leiker empathized with the Association's concerns over losing members, but added that he has to balance citizens' desires to keep the tax rate the same versus requests from the Association. However, no one working for the City of Wichita Falls will ever make the salaries enjoyed by those in a lot of the cities mentioned. The turnover rate of Wichita Falls firefighters is still the lowest of any City department. Mr. Whiteley observed that the other departments do not send their employees to school for five months to get certified. MEET& CONFER-CWF & WFFD MAY 29, 2012 3 3. OTHER ITEMS OF INTEREST. Mr. Whiteley expressed his appreciation to the attendees at today's meeting. He opined that some of the issues that may be discussed do not fit the design of Meet and Confer. Mr. Leiker said he looked at each topic as communication. Mr. Whiteley continued, stating he wants to be recognized as the members' representative, and that not all of the complaints he brings forth are personal to him. Retaliation There has been ongoing hostility and retaliation since Chief Foster's attempt at departmental reorganization. This is unfair and unjust. These are grown men, who have withstood extensive background checks. They are hard workers and deserve respect. Instead, they work in a hostile atmosphere, with no open door policy with Fire Administration. He said that during the last Meet & Confer meeting, Mr. Leiker advised that periodic meetings be scheduled between Fire Administration and the Association. There has been no such meetings. Seniority is not taken into consideration by Fire Administration for its transfer and assignment activities. The Association feels it ought to be a bargaining tool for station assignment. Communication The Arson division and Fire Administration now communicate only by memo; there is no verbal communication. Again, there is a hostile work atmosphere. Elected City Council members are totally dismissed by Fire Administration; the Fire Chief does not speak to the Council. Mayor Pro Tem Roberts-Burns was ignored when she came to the Central Fire Station. Chief Foster objected to this assertion, saying he did not even realize the Councilor was in the office until he stepped back out of his office. Grievances/Transfers Members filed grievances against another member. The grievants were transferred, and one of the grievants is now to be supervised by the person grieved against. The Association asserts that members who serve on the Association's Executive Board are arbitrarily transferred. MEET& CONFER-CWF &WFFD MAY 29, 2012 4 Exercise Time When Chief Weske became Assistant Fire Chief, he wanted to establish a mandatory exercise program. Mr. Whiteley said he did not think the members could be forced to exercise, but steps could be taken to encourage them. Now, however, there is an edict that members can only exercise one hour per day. Trade Time Limits Mr. Whiteley said the Association still requests the lift of the 240-hour limit on trade time. This would be reviewed on a case-by-case basis. There is a rookie who has very little sick time who may have to undergo knee surgery. The department members could fill his and other absent employees' positions until they are able to return to work. Mr. Leiker again encouraged the members to apply to the City's sick leave pool of donated time. Mr. Whiteley said they do not want the members to have to use all of their time. It is a no-cost issue to the City. Chief Foster said it was an FLSA issue, but Julia Vasquez said it was not. Station 4 Transfers Mr. Whiteley said last August, Station 4 had almost 100% new personnel to that station. Station 4 seems to be the station to where Fire Administration transfer employees as a disciplinary tool. Mr. Hillner said the they used to be able to work out issues, but they are no longer able to do that. It seems to have turned into Fire Administration versus members since the Chiefs realignment effort failed. Chief Foster said he is willing to work with the Association, but wanted Mr. Whiteley to say, in front of all present at the meeting, that he is willing to work with him. Mr. Whiteley said that he is willing to do so. Mr. Leiker said to follow up with the Chief to set up regular meetings with the Executive Board. Mr. Whiteley said that was discussed at the last meeting, but he never heard anything from the Chief. He has gone through a grievance where he was threatened by the Chief, so he does not know how to feel welcomed enough to call the Chief if he is threatened with physical violence. Mr. Leiker said he realizes Mr. Whiteley is the elected representative of the Association, but if there are issues pertaining to individual employee grievances, those need to be addressed by the affected employee. There is a good grievance process in place, and there is zero tolerance for retaliation. In addition, the members have the added layer of civil service protection. Mr. Whiteley said the members are concerned for their livelihood and their jobs. Mr. Leiker asked for an example of where a member had lost his job, suffered a demotion, or lost pay/benefits. Mr. Dockery said it seems that they are concerned with transfers. Mr. Leiker said he would look into that matter. MEET& CONFER-CWF &WFFD MAY 29, 2012 5 Bob York, retired member of Local 432, spoke. He said that morale is as low as he has ever seen. It is time for a change; fire chiefs often move all over the country. Michael Graddy, Station 1, asked if Mr. Leiker was aware of the threat of physical violence. He said he was, but whether there was any discipline carried out is not public information. Mr. Graddy then asked if directors are held to a higher standard, to which Mr. Leiker replied they are in some ways. Mr. Graddy said he has been with the department for 13 years. Throughout that time, he has heard of a history of violent acts by a person, but nothing has ever been done. Bruce Deeb, Station 4, thanked the City Manager for being gracious enough to meet with him for an hour. He was called into the Assistant Fire Chiefs office last week for a "yes, sir" meeting. The Battalion Chief was also there. The first thing he was told was that if he did not like it at the department, he could go somewhere else. However, once one is over 36 years old, there really aren't options to go elsewhere. He said retaliation does not have to result in a loss of one's job. Instead, the person being retaliated against may be continually assigned the jobs no one wants to do (such as watching a structure for 12 hours that had caught on fire in the event it may rekindle). He is in his third summer at Station 4. Normally, Station 4 is where rookies and new officers are assigned, and when newer employees/officers come along, they are sent to Station 4, and the others are transferred to more active stations. But he has not received that transfer, so he has now put in for a transfer. Mr. Hillner said Station 4 is a slow station. Not much goes on there, so it is where the young employees and new officers go to get their feet wet. Mr. Leiker said he could do nothing about the activity at a particular station. Mr. Deeb said he never got "the talk" that he is no longer one of the guys once he promoted. There is no recognition for rank or retirement unless those members are one of the chosen few by the Administration. The Chiefs do not show up at Fire Department functions. It all boils down to what did you do, who are you, what you did before, and how worthy you are. Craig Berend said he was transferred to Station 4 and is not sure why. He did not file a grievance, as transfers are not grievable. He did not ask Administration the reason he was transferred from Central. He does not want to run down Station 4; he is happy to have a job. Corky Scarbrough, Station 2, said if the Chief feels morale is not his problem, then whose problem is it? He trains the young officers, and wants them to be taught as he was taught, to do the best they can. It is a good job, but morale is worse than it has ever been in his 28 years with the department. Who can the members turn to? Mr. Leiker said the morale may be low because the members are not making average pay, the department is losing people, and there is no assignment pay. The MEET&CONFER-CWF &WFFD MAY 29, 2012 6 Chief may feel that he cannot do anything because those issues are beyond his control. He can submit an above current budget request to add the new six firefighters. No doubt he wants that, but he cannot make that decision. Brian Collier said morale is bad due to poor communication. That is the simple fact. Jimmy Young, Station 5, said he is proud to do what he does. He would like acknowledgment more than extra pay. There are added responsibilities at Station 5 for the SCOTT Air Pack Technicians. He had to get training manuals on his personal email until the City finally gave them Google mail. They take pride in what they do. Eden Buddemeyer said the morale issue may seem weird, but everyone has to have each other's back in the department. He believes the Chiefs feelings were hurt regarding the reorganization effort, but the members felt the plan would hurt their ability to save lives. However, everyone can get past all of this, and there will always be problems. Roy Mauldin, Station 4, said he has been transferred twice in the past 12 months. He did not request either transfer. He has been a driver for 20 years. Cary Richie said he filed a grievance two years ago along with two other members. The grievance was filed because they felt the individual was behaving in an immoral fashion. However, they were told it was not a grievable offense. The grievants were transferred — two of them to Station 4 — but the person grieved against was allowed to stay at his station. Now, Mr. Richie continued, he has been told that the individual he filed the grievance against is to be his supervisor. He is not comfortable with this man being his supervisor, as he does not trust him and feels every decision he makes will be nitpicked due to hard feelings. Captain Joe Jackson, Central Fire Station, said he was captain over Craig Berend and Cary Richie. He never had any complaints about either of these men, and had no clue they were to be transferred, or why. He was notified only within 24 hours of their transfer. He feels he is sticking his neck out to discuss this, but there is a communication gap. Joe Morris, Station 8. said the younger members wonder why police officers are recognized on a regular basis and they are not. Mr. Morris said he cannot give them an answer. He recalls that he was given a promotion ceremony when he promoted to driver and then to lieutenant. However, when he promoted to captain, his brass was simply dropped off at his station. The guys who make driver are proud, but when they simply get a badge dropped off at their station, that is wrong. They need to be recognized. The Department received an award which they initially heard about through the news media. Two days later, they received an email from Fire Administration. It would be nice if the Chiefs would make occasional stops at the various stations simply to say hello. He recalls having gone to Central with a rookie, and found Chief Foster in the front office MEET& CONFER-CWF &WFFD MAY 29, 2012 7 reading a newspaper. He never put down the paper to acknowledge them. Later, the rookie asked why the Chief acted in such a manner, and he had no answer for him. Corky Scarbrough asked who said that Bobby Whiteley was the only one complaining about issues in the department. Mr. Leiker said that up to this point, Mr. Whiteley was the only one he had heard from. Mr. Scarbrough said today's meeting ought to have shown otherwise. Mr. Leiker concurred. Mr. Morris said Mr. Whiteley does speak for him as his elected representative. Mr. Leiker said that still, individual grievances need to come from the aggrieved party. Mr. Scarbrough said he wished Mr. Whiteley and Chief Foster could handle these matters, rather than the department having to air their dirty laundry. These issues are not personal, they affect the entire department. It has been coming on for 3-4 years and is getting worse. Tammy Guerra asked how to get back to where the members will follow the grievance process through the chain of command. Mr. Scarbrough said to eliminate transfers as a form of discipline. Randal Reel, Station 2, said morale is not due to pay issues. The members spend more time with co-workers than with their own family. When something negative happens to a co-worker, it affects the morale of all within the station. Mr. Richie said the Association held a banquet last May, celebrating over 300 years of experience among the retirees. Invitations were sent to Chief Foster and Chief Weske. Both declined to attend, and that hurts the morale of the department. Mr. Leiker thanked the Association members for coming to the meeting and discussing these difficult issues. He has 4-5 pages of notes taken today, and he will be talking to Chief Foster and others to improve matters. They will figure out how to improve communication and get a direct relationship rebuilt. Not everything the Association wants can be granted, but there is still a lot of common ground. 4. ADJOURN. The meeting was adjourned at 4:57 p.m.