HomeMy WebLinkAboutMINUTES - 05051998 - C65 C.65
THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Order on May 5, 1998 by the following, vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: GRAND JURY REPORT NO. 9802
IT IS BY THE BOARD ORDERED that the 1997--98 Contra Costa
Grand Jury Report No. 9802, "The Costly Contra Costa County Fire
Protection District, " is REFERRED to the County Administrator and the
County Counsel Department.
1 hereby certify that this is a true
and correct copy of an action taken and
entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: May 5, 1993_
PHIL BATCHELOR, CLerk of the Board
of Supervisors and County Administrator
By .c \ a. � fi m ,Deputy
cc: CAO
County Counsel
C.C.C. Fire Protection District
Grand ,fury
1020 Ward Street�� mard Jury
Gon}}ra
Martinez,California 94553
Costa
County
',.
RECEIVED
SIA �.=ti a'11
April 22, 1998 APR 2 2 1998
CLERK S#aARD oic SttERYi5C3P<S
CQl�ii pA COSTA Co.
Contra Costa County
Board of Supervisors
651 Pine Street
Martinez„ CA 94553
ATTN: Supervisor Rogers, Chairman
Enclosed is a copy of Report #9842, "The Costly Contra Costa County Fire Protection District,"
prepared by the 1997-98 Contra Costa County Grand Jury, for your information prior to its
public release.
In accordance with California Penal Code Section 93 3.05, this report is being provided to you at
least two working days before it is released publicly. Please be reminded that Section 933.05(f)
specifies that no officer, agency, department, or governing body of a public agency shall disclose
any contents of the report prior to its public release.
Response to the report is to be in accordance with Penal Code Section 933.05 (a), (b), and (c).
Please note that response requirements have been revised for 1998.
The report will be disseminated to the public on April 28, 1998.
Sincerely,
John Hunt, Foreman
Contra Costa County Grand Jury
cc: Supervisors Uilkema, Canciamilla, DeSaulnier, Gerber
County Administrator
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R'ECEI EIVED
APR 2 2 1998
CLERK BOARD OF SUPERVISORS
A REPORT BY CONTRA COSTA CO.
THE. 1997-98 CONTRA COSTA COUNTY GRAND JURY
1420 Ward Street
Martinez, California 94533
Report No. 9802
THE COSTLY CONTA COSTA COUNTY FIRE PROTECTIONDISTRICT
APPROVED BY THE GRAND JURY:
Date: '.._ '
JOHN NfHUNT
GRAND JURY FOREMAN
ACCEPTED FOR FILING:
Date: YZ0 It
JO
SVAN DE POEL
JUDG OF TOB SUPERIOR COURT
Section 933. & 933.05 California Government Code
Section M. Comments and Reggrts on S20ion 933.05 Resgonse fg Qran!du
Grand ,fury Rerommendggoons Regommendations-Confer}
(C) No later than 94 days after the Reg yk!gmSnts; eersonal AaML nae by
grand jury submits a final report on the Respopdina forty: Grand ,furye2 r, t to
operation of any public agency subject to Affect2d Agency.
its reviewing authority, the governing (a) for purposes of subdivision (c) of
body of the public agency shall comment Section 933, as to each grand jury finding,
to the presiding judge of the superior court the responding person or entity shall
on the findings and recommendations indicate one of the following;
pertaining to matters under the control of (1) The respondent agrees with the finding.
the governing body, and every elective (2) The respondent disagrees wholly or
county officer or agency head for which partially with the finding, in which case the
the grand jury has responsibility pursuant response shall specify the portion of the
to Section 914.1 shall comment within 64 finding that is disputed and shall include
days to the presiding judge of the superior an explanation of the reasons therefor.
court, with an information copy seat to the (8) for purposes of subdivision (c) of
board of supervisors,on the findings and section 933,as to each grand jury
recommendations pertaining to matters recommendation,the responding person
under the control of that county officer or or entity shall report on of the following
agency head and any agency or actions;
agencies which that officer or agency (1) The recommendation has been
head supervises or controls, in the findings implemented,with a summary regarding
and recommendations, All such comments the implemented action.
and reports shall forthwith be submitted to (2) The recommendation has not yet been
the presiding judge of the superior court implemented, but will be implemented in
who impaneled the rand jury. A copy of the future,with a timeframe for
all responses to grand jury reports shall be implementation.
placed on file with the clerk of the public (3) The recommendation requires further
agency and the office of the county clerk, analysis,with and explanation of,the
or the mayor when applicable, and shall scope and parameters of on analysis or
remain can file in those offices. One copy study, and a timeframe for the matter to
shall be placed on file with the applicable be prepared for discussion by the officer
grand jury final report by,and in the or director of the agency or department
control of the currently impaneled grand being investigated or reviewed, including
jury,where it shall be maintained for a the governing body of the public agency
minimum of five years. t.eg.H.1961 ch. when applicable.This timeframe shall not
1284, 1963 ch. 674, 1974 chs.393,1396, 197'7 exceed six months from the date of
chs. 147, 187, 1984 ch.543, 1981 ch. 2133, publication of the grand jury report.
1982 ch. 1408 sec. 5, 1985 ch. 221 sect,off. (4) The recommendation will not be
7112/85 ch 694 sec. 1, 1988 ch. 1297,1997 implemented because it is not warranted
ch.443 or is not reasonable,with an explanation
therefor.
The foregoing are portions of Section 933, the responding party is responsible for
compliance with all of the requirements.
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The Costly Contra Costs County Fire Protection District
9802
Background:
The Contra Costa County Fire Protection District(ConFire)was formed in the mid-I 960s, and the
boundaries were enlarged in July 1994 by functionally merging the Oakley,Pinole,Riverview,
West County, and a portion of Bethel Island Fire Protection districts with the Contra Costa County
Fire Protection District.
The Contra Costa County Board of Supervisors(Board)serves concurrently as the Governing
Board of the Contra Costa County Fire Protection District.
The 1992-93 Grand Jury issued Report 99315 Fire Protection Personnel Costs. This report noted
the Board had agreed to a salary"ratcheting"formula for firefighter salaries based upon the
"average of the Top Ten Fire Districts in the Bay Area." The report concluded the Board lost the
flexibility to set salaries according to ConFire's ability to pay by agreeing to this formula.
Findings:
I The Board of Supervisors is also the Board of Directors of Contra Costa Consolidated Fire
District. As such,it is the approving authority for all expenditures.
2. Previous Boards and the current Board have approved labor contracts containing pay
increases. Subsequently,budgets have contained deficits resulting in the need to deplete
the capital reserve accounts.
3. ConFire's budget for 1997-98 is$46.2 million. Personnel costs are 39.9 million, 86.3%of
the operating budget.
9802-1
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4. The average compensation per classification for 1997,with benefits and overtime,costs the
taxpayers of Contra Costa County:
EQsition Captain(4) Engineer Firefighter Batt. Chief(5)
NQ. in Depl, 90 95 112 11
AyS,,&g EM ga $68,433 $ 59,420 $54,657 $ 86,262
Aye O=ime $ 14,812 $ 12,565 $15,274 $ 16,658
Otter X $ 8,613 (l) $ 8,455 (l) $7,365 (l) $ 13,669(2)
Ayg,BeI3efi (3) $24,443 $ 21,983 $20,738 $29,628
Total Han inns $116,473 $102,423 $94,034 $146,216
All earnings data provided by Human Resources Department.
(1) Includes holiday pay(12 hours OT per holiday), paramedic differential(10%),
"Built in Overtime"of three hours per week,court appearance time,training
differential, income from workers' compensation,etc.
(2) Includes longevity(2.5%per 10 years), deferred compensation,education
incentives(2.5%-7.5%),sale of vacation,emergency recall and standby pay(2.5-
5%),management incentives,income from worker's compensation,etc.
(3) Includes county payments for retirement,medical plan,workers compensation and
uniform allowance.
(4) Captain is the senior non-management firefighting position and is in charge of a
three-man truck.
(5) Battalion Chief is the first-line management position who assumes on-scene
command at major fire or rescue events.
5. The average cost per non-management firefighter employed by ConFijre in Calender year
1997 is in excess of$103,000.00. The manpower to operate a single fire engine or ladder
truck is covered by three rotating shifts. Each shift consists of one captain,one engineer
and one firefighter. The average manpower cost in 1997 per vehicle per year is in excess
of$900,000.
9802-2
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6. Previous Boards approved pay increases in 1994, 1995, 1996, 1997,and April 1398.
These increases in salaries now total 19%. The Board-approved increases in firefighter
wages are as follows:
Effh&tive Date Inc rea= dj yfi entt Note
7-1-94 1.0% A
9-194 3.0%d A
10-1-94 2.0% Hazardous Materials differential A
2.0% Emergency Medical Technician-1 diff. A
1-1-95 1.0% General Increase B
7-1-96 3.0% General Increase B
9-1-96 Differentials rolled into base pay: B and C
2.0% Acting Pay
$701mo Basic Life Support pay
2.0% Emergency Medical Technician,-I pay
2.0% Hazardous Materials First Responder pay
1-1-97 2.0% Senior Firefighter increase B
10-1-97 3.0% General Increase B
4-1-98 2.0% General Increase B
Note A. Data provided by County Staff
Note B. Data provided by Human Resources Department.
Note C. See Finding 7 below:
7. Grand Jury Report#9315 recommended that future contracts eliminate clauses that
provided premium pay differentials for work that was not performed.', In September 1996
the Board rolled premium pay differentials into the base pay, so the problem was
"resolved." This"resolution"increased costs,since future pay adjustments are calculated
on this higher base pay. These differentials are shown in finding(6)above.
8. Fire management is paid a differential for standby assignments. The payment is 2.5% for
standby 1 out of 4 weeks,and 5%for standby 2 out of 4 weeks. County and district
records show three Assistant Chiefs and eleven Battalion Chiefs received 5.0%standby pay
for the entire year. This indicates that these managers are paid to be on standby all the
time. Other Fire Department Managers also receive standby pay.
9. The pay formula proposed by the firefighters' union and approved by previous Boards was
based upon the average pay of the highest paid fire districts in the Bay Area. This pay
formula is not incorporated in the Memorandum of Understanding(MOU)currently in
effect. However,similar data concerning the ten highest paid fire departments in the Bay
Area is still collected by the firefighters' union and tabulated by the county staff. County
staff does not verify the accuracy of this data.
9802-3
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10. Firefighters work rotating 24-hour shifts,which equate to a 56-hour workweek. The
current contract requires overtime for all hours in excess of 53 per week for workers on
these shifts. Thus, firefighters receive "Built in Overtime"of three hours per week.
Additionally they get twelve hours of overtime pay per holiday, (whether worked or not)
plus any additional overtime worked.
11. Firefighters periodically work an overtime shift to cover an absence due to vacation,sick
leave or other cause. The earnings for an overtime shift are 150%of the hourly rate
during the 24-hour shift.
position Hourly Rate Earnings Wr Overtime day N=
Fire Captain $24.47 $880.92 D
Fire Engineer $21.71 $781.56 D
Firefighter $19,70 $709.20 D
Note D: Hourly rate for 56-hour week,effective Feb. 1998,from Human Resources
Department. An overtime day consists of a 24-hour shift.
12. ConFire expenditures will exceed revenue, and the deficit projected by county staff totals
$3.7 million for fiscal year 1997/98. Short-term solutions adopted by the Board include
the sale of excess property,deferred capital expenditures,a slowdown in hiring and
deferred implementation of a paramedic program. Sixty percent (60%)of the first year's
savings,$625,000 on workers' compensation insurance premiums and$688,000 for
deferred capital projects,are one-time savings. It is estimated the deferred capital
expenditures for seismic retrofit of fire stations and the replacement of apparatus and
vehicles would cost$25 million. There are no plans to fund these deferrals.
13. Scheduled equipment replacement has been deferred in recent years. Twenty-eight
pumper trucks,five ladder trucks, eleven off--road engines, 37 sedansand 22 pickup trucks
should have been replaced during this period. The equipment replacement schedule is
approximately$16.7 M in arrears, while the total deferred capital expenditure is $25.6 M.
14. ConFire revenue is based upon the"Fire District Tax," which varies among fire districts
and municipalities. This tax essentially was frozen by Proposition 13 in 1974. The Board
cannot increase or change this tax or"Benefit Assessment"without a 2/3 majority approval
of the voters within the District. A measure to increase the"Benefit Assessment"was
defeated by the voters in 1993.
15. The minimum entrance qualifications for a Firefighter are that the applicant be eighteen
years of age,have a California Drivers License,meet current health standards,and possess
a high school diploma,GED equivalency or high school proficiency certificate. Contra
Costa,County Human Resources Department stated there were 2889 applicants in the last
hiring sequence,from which fifteen firefighters were hired.
98024
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16. ConFire is attempting to establish a district-wide Paramedic response;force. The staffing
of this force is being provided by training existing firefighters. ConFire pays for paramedic
training classes,pays the firefighters to attend the training, and pays overtime to other
firefighters to cover their shifts. After satisfactory completion of these training courses,the
new paramedics receive an additional 10%premium salary increase.'
17. The Fire Chief s employment was changed from a"merit"to an"at will"position,so that
he can be terminated at any time by the Board.
18. Some members of the Board receive election campaign contributions and support from the
firefighters and the firefighters' union.
19. The California Department of Forestry and Fire Protection(CUFF)has undertaken
contract operation of many rural and urban fire services in California. CDFF reports
reduced costs to the taxpayers in most situations.
20. Private corporations now operate urban fire departments for cities in the United States.
Rural-Metro and Wackenhut Services claim significant savings over the cost of government
operation for the same services.
Conclusions:
1. The district costs continue to exceed its revenues, and the capital reserve accounts have
been depleted to pay for operating expenses.
2. The history of repeated pay increases,even in the face of the continuing deficit situation,
indicates the Board has found the urge to raise firefighter wages to be irresistible. The
Board's acceptance of election campaign contributions and support creates the appearance
of a conflict since the Board determines firefighter salaries.
3. The current Board can increase revenue or reduce costs. The 1993 measure to increase
the"Benefit Assessment"was defeated by the voters. Without additional revenue the
Board must address the runaway cost issue within ConFire.
4. Budget savings adopted in fiscal 1997/98 are predominately deferral of expenditures,
slowdown in hiring,and deferral of capital projects. ConFire management
recommendations do not address existing firefighter compensation.
9802-S
5. Wages and benefits are almost 90%of the total operating budget. All the short term
solutions adopted by the current Board only delay a real solution to the problem, which is
addressing personnel costs.
6. Neither the County nor the Fire District has conducted a current independent study of
firefighter compensation and benefits. Removal of the pay formula based upon the highest
paid fire districts in the Bay Area from the MOU did nothing to ensure that salaries would
be within the district's ability to pay.
7. Costs of operation and response time may be adversely affected because the district
currently is operating with five over-age ladder trucks, 28 over-age fire engines, 11 over-
age off road engines,37 overage sedans and 22 over-age pickup/vans. Maintenance costs
and downtime have increased to keep overage vehicles in service.
8. The Board publicly supported the findings of the 1993 Grand Jury to eliminate differential
pay for work not in fact performed,then approved the differential pay to be rolled into the
base salaries.
9. Payroll records reveal almost all fire management personnel(14)are ipaid the maximum
(5%)standby/recall pay every month. There is no necessity for all fire management
personnel to be on standby all the time. This practice indicates that the standby incentive is
being used as a 5%pay increase for managers instead of as compensation for being on
standby/recall.
10. There is no apparent reason for the Fire Chief to serve"at will." This subjects the Chief s
position to potential political pressures and may reduce his ability to effectively manage the
.District.
9802-6
Recommendations:
The 1997-98 Grand Jury recommends that:
A. The Board freeze all pay and benefit increases in future contracts for ConFire until
an independent salary and benefit study can be completed. All future wage
increases should be tied to the level of the District funding after capital reserves
have been restored.
B. The Board hire a competent, independent consultant to conduct a complete
evaluation of the management, staffing, pay scales and operations of the
organization and make recommendations for improvements within existing funding
levels.
C. The Beard hire an interim Fire Chief to reorganize the Department,cut costs and
streamline operations in accordance with the recommendations of the consultant
and his own best judgement.
D. The Board request CDFF to review ConFire operations and to submit a proposal to
provide services.
E, The Board of Supervisors change the position of Fire Chief from an"at will"
position to either a multi-year contract position or to a merit position,
F. The Board also invite and evaluate proposals from private operators for operation
of the Contra Costa Fire Protection District.
9802.7