IDENTIFYING FACTORS THAT CONTRIBUTE TO OVERTIME SPENDING AND POSSIBLE SOLUTIONS TO REDUCE THESE EXPENSES EXECUTIVE LEADERSHIP By: Alvin K. Tomita Honolulu Fire Department Honolulu, Hawaii An applied research project submitted to the National Fire Academy as part of the Executive Fire Officer Program January 2003
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IDENTIFYING FACTORS THAT CONTRIBUTE TO OVERTIME SPENDING AND POSSIBLE SOLUTIONS TO REDUCE THESE EXPENSES
EXECUTIVE LEADERSHIP
By: Alvin K. Tomita Honolulu Fire Department
Honolulu, Hawaii
An applied research project submitted to the National Fire Academy as part of the Executive Fire Officer Program
January 2003
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ABSTRACT
The Honolulu Fire Department (HFD) was encountering shortfalls in its projected fiscal
year 2003 operating budget because of rising personnel costs; specifically, overtime. The
problem was identifying the factors that resulted in high overtime expenditures and finding
solutions to reduce this expense. The purpose of this applied research project was to identify the
significant factors that contributed toward the escalating overtime expenditures and to
recommend possible solutions to reduce this expense.
Historical research methodology was used to provide information that identified factors
that contributed to the increasing demand for overtime. Evaluative research was used to analyze
staffing levels, leave taking, morale issues, training delivery, and shift schedules that identified
recommended changes or adjustments that addressed increasing demands for overtime. The
following research questions were presented:
1. Can a review of department staffing practices produce data that is relative
to the analysis of excessive overtime expenditure?
2. Can a review of department training practices produce data that is relative
to the analysis of excessive overtime expenditure?
3. What types of leave have a direct or indirect impact on overtime?
4. What practices have been proposed or implemented by other departments
to reduce overtime expenditure?
The procedures used in the preparation of this research project began with a literature
review of relevant material, including collective bargaining agreements between labor and
management, current financial status reports of the City and County of Honolulu, relevant
Executive Fire Officer (EFO) applied research projects, and various periodicals.
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Information was obtained from the Fair Labor Standards Act website, the International
Association of Fire Fighters website, and the Hawaii Fire Fighters Association website. Personal
interviews were conducted with the budget analyst and fiscal officer assigned to the HFD, City
attorneys, labor union representatives, and various HFD personnel to gather information to identify or
clarify overtime practices and factors that contributed to overtime.
It was recommended that the HFD administration create task force committees to analyze
and evaluate staffing practices and find a balance between appropriate and efficient expenditure
of overtime and the need to hire extra personnel. Other recommendations included reviews of
the sick and vacation leave policies, the data collection practices, a study of a possible schedule
change, the use of personal service contracts to fill temporary vacancies, the City’s hiring
process, and the HFD training practices.
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TABLE OF CONTENTS
ABSTRACT 2
TABLE OF CONTENTS 4
INTRODUCTION 6
BACKGROUND AND SIGNIFICANCE 7
LITERATURE REVIEW 14
PROCEDURES 26
Assumptions and Limitations 28
Definition of Terms 29
RESULTS 31
DISCUSSION 38
RECOMMENDATIONS 43
REFERENCES 46
INDEX OF APPENDICES 49
APPENDIX A - DRAFT POLICY ON RANK FOR RANK RECALL 52
APPENDIX B - ACTUAL OVERTIME EXPENDITURES (LINE ITEMS) 55
APPENDIX C - OVERTIME ISSUES FOR FIRE AND RESCUE PERSONNEL- 56 THE FAIR LABOR STANDARDS ACT APPENDIX D - VOLUNTARY RECALL EXPENDITURES AND 60 AVERAGE DAILY BALANCES APPENDIX E - UNION’S PROPOSAL ON RANK FOR RANK OVERTIME 61 APPENDIX F - MANPOWER (DAILY AVERAGES) 62 APPENDIX G - LEAVES TAKEN 64 APPENDIX H - FIRE SERVICE INJURIES (1995-2002) 67
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APPENDIX I - WORKERS’ COMPENSATION EXPENDITURES 68 AND STATISTICS APPENDIX J - PERSONNEL YEARS OF SERVICE 69 APPENDIX K - VOLUNTARY RECALL SUMMARY 70 APPENDIX L - MONTHLY VACANCIES OF FIRE SUPPRESSION 72 PERSONNEL APPENDIX M - TOTAL OVERTIME EXPENDITURES 73
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INTRODUCTION
A large percentage of the problems facing the fire service today could easily be resolved
by having unlimited funding. However, many fire departments belong to jurisdictions facing
financial difficulties and are hard pressed to provide their citizens with the necessary services
they demand and deserve. The Honolulu Fire Department (HFD) has such an obligation to the
citizens and visitors of the City and County of Honolulu. The heart and sole of any fire
department and its greatest resource are the men and women who serve as fire fighters. Their
salaries constitute approximately 90% of most fire department’s operating budget.
The HFD is encountering shortfalls in its projected fiscal year 2003 operating budget
because of rising personnel costs; specifically, overtime. The problem is to identify the factors
that result in high overtime expenditures and to find solutions to reduce this expense. The
purpose of this applied research project is to identify the significant factors that contribute
toward the escalating overtime expenditures and to recommend possible solutions to reduce this
expense.
Information and data collected and provided in this research project will provide insight
into staffing and training practices and the use of overtime, as well as recommendations to the
Fire Chief, of specific actions to take to address this significant problem.
Historical research methodology will be used to provide information that identified
factors that contributed to the increasing demand for overtime. Evaluative research will be used
to analyze staffing levels, leave taking, morale issues, training delivery, and shift schedules that
identified recommended changes or adjustments that addressed increasing demands for overtime.
The following research questions are presented:
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1. Can a review of department staffing practices produce data that is relative
to the analysis of excessive overtime expenditure?
2. Can a review of department training practices produce data that is relative
to the analysis of excessive overtime expenditure?
3. What types of leave have a direct or indirect impact on overtime?
4. What practices have been proposed or implemented by other departments
to reduce overtime expenditure?
BACKGROUND AND SIGNIFICANCE
The HFD provides fire protection, emergency medical, hazardous materials, and
technical rescue services to the citizens and visitors of the City and County of Honolulu, which
encompasses the entire island of Oahu. The island of Oahu has a population of approximately
872,000 and spans 604 square miles that include many residential communities, business
districts, industrial complexes, agricultural areas, wild lands, and the resort area of Waikiki.
The HFD is a fully paid, career department of 1,145 employees of which 51 are civilian
and 1,094 are uniformed. The HFD is structurally organized into three major sections under the
administration of the Fire Chief and Deputy Fire Chief. They are Fire Operations, the
Administrative Services Bureau, and the Support Services section.
Fire Operations provides fire suppression, hazardous materials response, rescue and
emergency medical services. They are organized into three platoons that operate on a 56-hour
workweek, 24-hour per shift schedule that equates to approximately 9 or 10 on-duty shifts per
month per platoon. Each company is allocated five fire fighter positions with the exception of
the fireboat, which is allocated six fire fighter positions.
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The Administrative Services Bureau administers the personnel management programs,
the departmental operating and capital budgets, the procurement and fiscal processing, the safety
and health programs, and the computer and electronic processing programs. The HFD’s
Storeroom, which is responsible for supply, property, and inventory programs, and the Mechanic
and Radio Shops, which are responsible for the equipment maintenance programs of the HFD are
also under the purview of the Administrative Services Bureau. The personnel assigned to the
Administrative Services Bureau operate on a 40-hour per week, Monday through Friday
schedule.
The Support Services section is comprised of the Fire Communication Center, the Fire
Prevention Bureau, and the Training and Research Bureau. The Fire Communication Center is
responsible for the receipt of fire and emergency calls and dispatching the proper emergency
companies. They have a total of 23 personnel and are under the direction of a Battalion Chief
who is assisted by an Administrative Captain and a Clerk. The Battalion Chief, along with his
Administrative Captain and Clerk, operate on a 40-hour per week, Monday through Friday
schedule. Twenty (20) uniformed personnel are assigned on four separate shifts and operate on a
modified 40-hour per week, 24-hour on-duty shift followed by a 72-hour period off schedule.
The Fire Prevention Bureau administers the fire prevention programs for the City and County of
Honolulu. They have 40 personnel (38 uniformed) who operate on a 40-hour per week, Monday
through Friday schedule. The Training and Research Bureau develops, evaluates, and
administers various training programs as well as conducts research and experiments to improve
fire operations, emergency medical services, and hazardous materials response. They have 24
personnel (20 uniformed) that operate on a 40-hour per week, Monday through Friday schedule.
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Promotions in the department begin at the Fire Fighter II level. Positions within this level
include the Fire Communication Radio Operator, Fire Prevention Inspector I, and four positions
in Fire Operations: Ladder Tiller Operator, Fire Rescue Specialist, Hazardous Materials
Technician, and the Battalion Chief Aide. The next position of promotion is the Fire Fighter III.
Positions within this level include the Fire Communication Journey Level Radio Operator, Fire
Prevention Inspector II, Training and Research Bureau entry level, and the Apparatus Operator
position in Fire Operations. The next level of promotion is the Captain, a supervisory position,
which is followed by the excluded levels of Battalion Chief and then Assistant Chief. A fire
commission appoints the Fire Chief and Deputy Fire Chief. They and the four Assistant Chiefs
comprise the department’s Executive Staff.
Fire fighters of the HFD who are assigned to fire suppression and emergency companies
work a 24-hour shift schedule that begins at 8:00 a.m. This is followed by a 24-hour off-duty
period, a 24-hour on-duty period, and a 24-hour off-duty, followed by a 96-hour off-duty period
before the work cycle repeats itself. This allows them to have part-time jobs, additional income
from which they have become very dependent to maintain a particular standard of living for their
families. In addition to the work schedule, there are premium pay packages that they earn such
as scheduled overtime as a result of the Fair Labor Standards Act (FLSA) requirements, night
alarm premium pay (pay received for responding to and mitigating incidents between 8:00 p.m.
through 6:00 a.m.), overtime pay for holidays, which is paid on the actual holiday regardless if
you work or not, overtime pay for off-duty training, and overtime pay for voluntary recall work.
Voluntary recall is only given to the Fire Fighter Recruit and Fire Fighter I levels due to the
collective bargaining agreement, which states that temporary assignment and the appropriate pay
shall be initiated when ranked positions are vacant for various reasons. This voluntary recall
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program has resulted in a morale issue among ranked fire fighters due to the overtime benefits
that Fire Fighter Recruits and Fire Fighter I personnel receive. As a result, Fire Fighter Recruit
and Fire Fighter I personnel realize substantial increases in their annual income, which exceed
the annual income for many ranked fire fighters. This controversial concern is one of the
primary issues in the collective bargaining process that is currently in arbitration in the form of a
rank for rank recall proposal. In fact, the Arbitrator has ruled in favor of adopting this proposal
and has mediated collective bargaining language and an HFD policy regarding a two-year rank
for rank recall pilot program. This rank for rank recall program does not primarily address
staffing concerns, but addresses morale issues. Rank for rank recall will be initiated for rank
personnel on scheduled vacations (Appendix A) and will definitely result in an increased demand
for overtime funds. This program needs to be implemented no later than July 1, 2003.
The City and County of Honolulu will be operating on $49 million less in property tax
revenue than in 1994, balancing its operating budget despite rising personnel costs over the
years. This year, the City faces a budget deficit approaching $180 million and a debt burden
expected to double to $233 million over the next five years. Paying back the City’s debts would
consume a greater portion of the City’s budget next year, while spending a smaller portion on
police and fire protection. As a result, city departments have been instructed to use their
appropriated fiscal year (FY) 2003 (July 1, 2002 to June 30, 2003) Operating Budget plus a one
percent cut as the FY 2004 (July 1, 2003 to June 30, 2004) budget ceiling. The problem is that
the HFD is already encountering shortfalls in its projected FY 2003 Operating Budget because of
rising personnel costs; specifically, overtime.
Non-holiday overtime is the line item in the salaries category of the operating budget that
is interpreted by the City and County of Honolulu’s budget analysts and fiscal officers as
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discretionary expenditures or funding that is in the department’s (the Fire Chief) direct control.
Fiscal year 2003 has a non-holiday overtime appropriation of $1,902,000. As soon as fiscal
projections were completed during the first month of this budget, our fiscal officer indicated that
shortfalls in other line item categories in salaries restricted 10% or $190,000 of that appropriated
amount. If we do not keep within this adjusted appropriation, we will fall short of salary funds.
In FY 2002 (July 1, 2002 to June 30, 2002), overtime expenditures of $1,945, 723 exceeded the
appropriated amount of $1,755,000 by $190,723. During FY 2001 (July 1, 2000 to June 30,
2001), overtime expenditures of $1,568,466 exceeded the appropriated amount of $222,000 by
$1,346,466. These amounts were allowed and funded since the department had generated a
savings in regular salaries due to the large amount of personnel vacancies (Appendix B).
The Fire Chief of the HFD has stated that minimum staffing for suppression companies
will be four fire fighters, and for specialty companies such as rescue and hazardous materials,
minimum staffing will be five fire fighters. To meet the Fire Chief’s directive, voluntary recall
continues on an overtime basis. Fite (2002) references Cascio (1998) who states that overtime
can be effective to ride out the staffing and revenue roller coasters, but not as a permanent
solution. Ocamel (2000) states that overtime should be used as a temporary tool to ease staffing
shortages, but not as a long-term solution. Fite (2002) states that the future impact of overtime
will be substantial if the organization does not accurately identify and forecast future overtime
costs and causes because the overtime budget will continue to be miscalculated.
Prior to 1995, the HFD’s company staffing levels were six fire fighters assigned to engine
companies and seven fire fighters to ladder companies, which serviced high risk, densely
populated urban areas. Engine and ladder companies servicing other areas were assigned five
and six fire fighters, respectively. In 1994, the City and County of Honolulu experienced an
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economic decline, which prompted the City to contract the services of the consulting firm of
Towers Perrin to survey and recommend options to improve the efficiency and effectiveness of
services provided by the City that included fire protection and emergency medical services. As
stated in the Towers Perrin report, the cost of a fire suppression force is determined largely by
three factors: the number and location of fire stations, the number and type of vehicles assigned
at each station, and the number of fire fighters assigned to each apparatus. As a result of the
Towers Perrin report, the HFD and the City reached a compromise and reduced or maintained its
staffing levels where all engine, ladder, rescue, and hazardous materials units were staffed with
five fire fighters.
Demands for training to address the ever-growing duties and responsibilities for the fire
service has resulted in variations of training delivery for the HFD. Historically, the Training and
Research Bureau conducted training activities mainly during on-duty time. Companies were
taken out of service and were sent to the Training Center for the day. Strategic movement of
surrounding companies covered their areas of response. Another practice was to send instructors
out to the field or de-centralize training. Although these practices were cost efficient, they were
time consuming and redundant. However, due to an increased demand for additional training
Varone, J. C. (1994). Providence Fire Department Staffing Study. Emmitsburg MD:
National Fire Academy.
Westfall-Lake, P. (1997, October). Shift Scheduling’s Impact on Morale, Safety, and
Performance. Occupational Health & Safety, 146-149.
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INDEX OF APPENDICES
Appendix A - Draft Policy on Rank for Rank Recall
• Draft policy for rank for rank recall Appendix B - Actual Overtime Expenditures (Line Items)
• These tables have information derived from financial reports obtained from the City and County of Honolulu’s Department of Budget and Fiscal Services. The data reflects actual overtime expenditures for Fire Operations and Department totals for fiscal year 2000 (July 1, 1999 to June 30, 2000); fiscal year 2001 (July 1, 2000 to June 30, 2001); fiscal year 2002 (July 1, 2001 to June 30, 2002). For fiscal year 2000, Fire Operations had an appropriated overtime budget of $100,000 and expended $519,195, overspending by $419,195. Salary savings of $1,001,719 were returned to the City Treasury. For fiscal year 2001, Fire Operations had an appropriated overtime budget of $100,000 and expended $1,321,145, overspending by $1,221,145. Salary savings of $837,420 were returned to the City Treasury. For fiscal year 2002, Fire Operations had an appropriated overtime budget of $1,600,000 and expended $1,736,766, overspending by $136,766. Salary savings of $115,899 were returned to the City Treasury. This indicates that the Department’s operating budget is mandating vacancy cutbacks (not funding regular positions) while increasing the overtime budget for fiscal year 2002
Appendix C - Overtime Issues for Fire and Rescue Personnel – The Fair Labor Standards Act
• This is a copy of the overtime issues for fire and rescue personnel--the FLSA and the class action suit filed by union members of several fire departments.
Appendix D - Voluntary Recall Expenditures and Average Daily Balances
• These tables identify estimated voluntary recall expenditures and daily average absences per month. It indicates a correlation between high average absences and high expenditures of overtime.
Appendix E - Union’s Proposal on Rank for Rank Overtime
• This is the Union’s recent proposal for rank for rank overtime. This proposal addressed safety and morale issues.
Appendix F - Manpower (Daily Averages)
• This table shows a breakdown of daily averages for total absences (column 1 is data received from daily manpower statistics kept by Fire Operations administrators); an average of manpower absences attributed to the nine factors of leave used in Appendix G
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(column 2); an average of absences due to industrial injury (column 3); an average of absences due to sick leave (column 4); an average of absences due to vacation leave (column 5); an average of needed manpower to reach a minimum staffing of four personnel per company (column 6 - a daily average of absences minus a factor of 57 allowable positions before recall is initiated); an average recall done (column 7); and an average number of unfilled positions (column 8). This table indicates more recall done daily in the fiscal year 2002 (July 1, 2001 to June 30, 2002) than actually needed. The reason for this could be attributed to the voluntary recall process in place at that time that resulted in excessive recall and unnecessary overtime expenditure (prior to computerized recall program).
Appendix G - Leaves Taken
• This information was derived from information received from computer generated payroll reports obtained from the City and County of Honolulu’s Department of Information Technology. The nine leave factors that were utilized were compensatory time taken (CTT); funeral leave (FNF); family leave using sick leave (FSF); family leave using vacation leave (FVF); leave without pay (LWF); military leave (MIF); industrial injury leave (SIF); vacation leave (VCF). This information is for Fire Operations personnel only. This information identifies high totals of vacation, sick, and industrial injury leave. It identifies high leave taking starting from May through the end of the year peaking in the months of October and December. It also indicates that when vacation leave is high so is sick leave.
Appendix H - Fire Service Injuries (1995-2002)
• The information in this table was taken from our NIFIRS incident reports and indicates the number of injuries incurred during fire department incidents. It shows a decline since voluntary recall was initiated from December 1999. It can be assumed that there is a correlation with insufficient manpower and fire ground injuries.
Appendix I - Workers’ Compensation Expenditures and Statistics
• This is a summary of injury and workers’ compensation statistics for the Honolulu Fire Department for the last five fiscal years. These statistics are provided by the Workers’ Compensation Division of the City and County of Honolulu’s Department of Human Resources. These statistics should be useful in evaluating our safety, training, and return to work programs. From the information derived from Appendix H, it can be assumed that there are less number of injuries attributed to fire ground injuries and more injuries involving round ball activities (injuries requiring more loss time).
Appendix J - Personnel Years of Service
• This table identifies the number of HFD personnel by years of service. This shows that the HFD has a greater number of personnel with 15 years of service or less, than personnel with more than 15 years of service by a two to one ratio. From this
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information, it can be assumed that the majority of personnel should not have excess totals of vacation or sick leave. This is not reflective of the sick or vacation leave expended data.
Appendix K - Voluntary Recall Summary
• These tables reflect the statistical data kept by our Assistant Chief in charge of Fire Operations to track filled and unfilled positions attributed to voluntary recall. These tables indicate a tendency for personnel to work during the weekdays and avoid weekends. It also indicates higher absences during the weekends without the reasons.
Appendix L - Monthly Vacancies of Fire Suppression Personnel
• This table shows the total of Fire Operations personnel absent per month (combining nine leave factors used in Appendix G) for various leaves (column 1); estimated monthly recall expenses (column 2); total overtime expense (column 3 - figures used are one month in arrears due to a fiscal delay in posting and are not accurate); difference of overtime expended reflect estimated overtime expended for off-duty training, workshops, and miscellaneous activities (column 4 - derived from the difference in columns 2 and 3). This table also indicates a high total of overtime expended for activities other that recall for the month of September, October, November, and December of 2001. This can be attributed to the events after 911.
Appendix M - Total Overtime Expenditures
• The total overtime expended per fiscal year by Fire Operations personnel (fiscal year 2000: July 1, 1999 to June 30, 2000; fiscal year 2001: July 1, 2000 to June 30, 2000; and fiscal year 2002: July 1, 2001 to June 30, 2002) for voluntary recall (column 1 - estimated); total overtime expended (column 2 - actual); overtime expended for off-duty training, workshops, and miscellaneous activities. This table indicates a growing percentage of overtime expended for off-duty training, workshops, and miscellaneous activities.
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Appendix A
Subject Category: ADMINISTRATION
Index Code
Subject Title: Voluntary Rank-for-Rank Recall Pilot Program
Issued by: Fire Administration
Reference (s) Unit 11 Agreement
Purpose(s): To establish a voluntary rank-for-rank recall pilot program for Fire Captains, Fire Fighter IIIs and Fire Fighter IIs in the Honolulu Fire Department.
I. POLICY:
This policy addresses the fair and equitable distribution of recall opportunities. This pilot program shall be effective from July 1, 2003 through June 30, 2005, during which time the Fire Chief in consultation with the Union will determine the feasibility and the continuance of the program.
II. DEFINITIONS:
A. Scheduled Vacation – Any vacation where such application was approved by the
Battalion Chief at least 7 days prior to the commencement date of such vacation.
B. Ranked Fire Fighters – A ranked fire fighter is defined as a Fire Fighter II, Fire Fighter III or Fire Captain and hereafter, referred to as “ranked personnel”.
C. Qualified Ranked Personnel – Qualified ranked personnel means employees who are not currently serving any probationary period.
III. APPLICABILITY:
This rank-for-rank recall procedure shall supercede the application of Section 26 (Temporary Assignment) only in situations involving projected vacancies due to planned or scheduled vacations and shall be limited to eligible employees assigned to the same unit or company, but on different platoons. Projected vacancies due to vacation must be for the entire 24-hour shift.
IV. PROCEDURES:
A. Program Manager
1. The Assistant Chief of Fire Operations or his/her designee shall be
designated as the Rank-for-Rank Program Manager to oversee and manage the pilot program.
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2. The Program Manager shall regularly review the program and meet with
the Rank-for-Rank Recall Committee during the pilot program. 3. The Program Manager shall review any requests for rank-for-rank
overtime on days of projected vacancies due to scheduled vacation. 4. The Program Manager shall be responsible for rank-for-rank recall
assignments:
a. Ranked personnel are assigned rank-for-rank overtime only within their Company for scheduled vacation.
b. Ranked personnel who work 24 consecutive hours must have an
8-hour break before they are eligible for rank-for rank overtime. c. Ranked personnel shall not be assigned to work from 0800 to
2000 on their day off following a work shift or from 2000 to 0800 hours on their day off preceding a work shift.
d. Ranked personnel shall be assigned rank-for-rank recall based on
their availability for a specific date. e. To the extent possible, ranked personnel on rank-for-rank recall
shall not serve Temporary Assignment to higher-level Fire Fighter ranks for the duration of such recall assignments. Section 26.A of the Unit 11 Agreement is not applicable to mandate the temporary assignment in this situation.
B. Rank-for-Rank Recall Procedures
1. Rank-for rank recall shall be restricted to qualified rank personnel
assigned to the same unit or company, e.g., ranked personnel and their ranked counterparts assigned to the same unit or company on different platoons (Red, Blue or Green).
2. Upon the availability of recall opportunities based on projected vacancies
due to scheduled vacations of ranked personnel, the qualified personnel interested in assuming the recall overtime opportunity shall indicate his/her interest of working the recall overtime. (NOTE: Specific procedures relating to proper notification and confirmation of recall overtime shall be completed prior to implementation date.)
3. Employees who commit to recall assignment shall be fit for duty, report
to work on time and are expected to work the entire 12-hour or 24-hour
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shift, as applicable. Failure to report to work without proper notification or tardiness without a legitimate excuse may result in discipline.
4. To the extent possible, the Program Manager shall not schedule fire
fighters to work more than 24 consecutive hours, because of this program. V. This policy is subject to amendments by the Fire Chief in consultation with the Union.
2/15/03 HFD Rank-for-Rank Policy.final
Appendix B
ACTUAL EXPENDITURES OF OVERTIME
(Line Items) Fiscal Year 2000 Fiscal Year 2001 Fiscal Year 2002 Fiscal Year 2003 Operations
(1408) Department
(1401) Operations
(1408) Department
(1401) Operations
(1408) Department
(1401) Operations
(1408) Department
(1401) July 17,918 30,440 175,799 202,926 13,378 16,716 33,087 36,016 August 4,213 24,382 164,883 181,835 108,243 112,022 122,337 139,047 September 24,948 39,114 152,425 170,719 89,982 101,277 94,598 108,872 October 9,144 27,967 116,155 142,735 182,765 211,277 227,986 254,848 November 7,155 17,739 59,900 72,477 295,993 337,217 142,190 153,900 December 15,072 16,725 55,404 71,146 226,739 247,259 159,515 169,020 January 104,586 115,968 108,337 141,417 308,216 331,946 February 38,920 47,226 62,217 82,474 145,683 165,447 March 55,117 65,503 39,844 53,245 148,473 165,195 April 130,396 145,193 110,980 131,246 104,263 121,819 May 35,641 50,836 63,261 73,675 37,413 43,880 June 76,085 85,962 211,940 244,572 75,618 91,668 Total 519,195 667,050 1,321,145 1,568,466 1,736,766 1,945,723 779,712 Appropriated 100,000 222,000 100,000 225,000 1,600,000 1,755,000 1,700,000 Balance (419,195) (445,050) (1,221,145) (1,343,466) (136,766) (190,723) Salary Savings
2,191,079
2,537,331
2,734,089
3,629,698
(528,021)
(463,244)
Salary Monies Returned
562,049
1,001,719
507,786
837,420
87,714
115,899
Provisional 1,362,300 1,560,000
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Appendix C
OVERTIME ISSUES FOR FIRE AND RESCUE PERSONNEL THE FAIR LABOR STANDARDS ACT
ON-CALL TIME--Payable in Certain Circumstances SLEEP TIME--Can your Employer Deduct On-Duty Sleep Time? MEAL TIME--Should you be Getting Paid for On-Duty Meal Breaks? RECEIVING COMPENSATORY TIME IN LIEU OF CASH FOR OVERTIME HOURS--It’s Allowed Only in the Public Sector and Only if you Agree EXCLUDING OFFICERS FROM THE OVERTIME PAY REQUIREMENT--Are Fire Officers Entitled to Overtime? Answer: Some Are and Some Are Not. SPECIAL JOB CLASSIFICATIONS PRE-SHIFT AND POST SHIFT ACTIVITIES--Must be Paid Overtime for Activities Such as Lineups, Check Out Firearms, Writing Reports...) The Fair Labor Standards Act (FLSA) is a federal law that requires employers to pay minimum wage and overtime compensation (under specific circumstances) to their employees. Since the FLSA became applicable to state and local government employers in 1986 following a ruling by the U.S. Supreme Court, many public employers have attempted various ways to avoid paying overtime compensation (i.e., time and one-half pay) to fire fighters, rescue service, emergency medical service (EMS) and law enforcement personnel as the law requires. If an employer’s overtime pay practices are in violation of the FLSA, employees may file a lawsuit against the employer and obtain back pay (which may be doubled to include what is known as "liquidated damages"), reimbursement for attorneys’ fees and litigation expenses. Various circumstances in which public employers are required to pay overtime (after a specific threshold is met)—and in which many public employers try to avoid paying overtime—are described below. FEDERAL FIREFIGHTERS EMPLOYEES: Many different rules apply to federal public sector employees. Check the Federal Employees page for special rules that apply to them. ON-CALL TIME--Payable in Certain Circumstances In some jurisdictions, public safety employees are required to be on-call during times that they are not on duty at their normal work site. These on-call hours may be considered compensable hours of work (and payable at the overtime rate) if the restrictions placed on the employee during the on-call time prevent the employee from utilizing the time effectively for his/her own personal pursuits, and thus the time is regarded as being predominantly for the employer’s benefit. Factors that are considered in determining whether on-call time must be treated as compensable work hours include the following:
• the average number of emergency calls the employee responds to during the on-call period
• the time in which the employee has to be at the work site after being called in • whether an employee is subject to discipline for missing or being late to a call-back • the extent to which an employee is able to engage in other activities while on-call
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SLEEP TIME--Can your Employer Deduct On-Duty Sleep Time? Many fire and rescue employees work shifts that span an entire day, and because of the time period involved, sleep at their work sites during each shift. Unless certain conditions are met, a public employer must treat this sleep time as compensable hours (even if no emergency calls come in). Under applicable law, an employer can deduct up to eight hours of sleep time per shift from the number of compensable hours of work that trigger overtime pay only if the following two conditions are both met:
• the shift lasts more than 24 hours (e.g., 24 _ hours) and • there is an express or implied agreement from the employee that the employer may
deduct such time Not surprisingly, many of the cases in this area focus on the issue of whether an express or implied agreement ever came into existence. MEAL TIME--Should you be Getting Paid for On-Duty Meal Breaks? Fire and rescue employees who are required to work shifts lasting an entire day also usually eat meals at their work site. As with sleep time, employers may try to exclude meal periods from an employee’s compensable work time. However, an employer may exclude meal periods (and avoid paying overtime) only if the following conditions are met:
• the shift lasts more than 24 hours (e.g., 24 _ hours) and • the time that is designated for eating is a "bona fide" meal period, meaning that the
employee is generally relieved of duties during this time such that he uses the time predominantly for his benefit rather than for the employer’s benefit) and
• there is an express or implied agreement from the employee that the employer may deduct such time
As with sleep time claims, if each of the required conditions is not met, meal time must be considered as compensable work time. RECEIVING COMPENSATORY TIME IN LIEU OF CASH FOR OVERTIME HOURS--It’s Allowed Only in the Public Sector and Only if you Agree The FLSA permits public employers to afford compensatory time ("comp time") to fire and rescue personnel in lieu of cash overtime payments provided that the employees agree in advance to this compensation policy. In states that permit collective bargaining between employers and employee representatives, an agreement covering a group of employees may be reached through negotiations with the employees’ representative. In noncollective bargaining jurisdictions, an employer may institute a comp time in lieu of cash overtime policy through agreements with individual employees. Under current law, fire and rescue personnel can work 320 overtime hours and thereby accrue a maximum of 480 hours of comp time (320 hours times 1.5) before overtime hours worked above this maximum must be compensated in cash. An employer must permit an employee to use his/her accrued comp time upon request unless using it on a particular day would (in legal terms) "unduly disrupt the employer’s operation." An
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issue that will soon be decided by the U.S. Supreme Court is whether an employer can force an employee to use accrued comp time. EXCLUDING OFFICERS FROM THE OVERTIME PAY REQUIREMENT--Are Fire Officers Entitled to Overtime? Answer: Some Are and Some Are Not. The FLSA generally requires that public employers pay time and one-half overtime to fire and rescue personnel when they work more than an average of 53 hours a week. However, the FLSA also exempts certain classes of employees from this overtime pay requirement. A public employer can determine that officers shall not be paid overtime if
• officers are paid on a salaried (rather than per hour) basis and • the officers perform primarily supervisory duties during their work time
The courts have established factual and legal standards that are applied to determine whether these two conditions are met (and therefore, whether officers are improperly being denied overtime pay). SPECIAL JOB CLASSIFICATIONS A. EMERGENCY MEDICAL SERVICE (EMS) EMPLOYEES (If they are not cross-trained as fire fighters paid on a 40 hour week) Public employees who are not engaged in fire protection activities are, in general, entitled to overtime pay after working 40 hours in a workweek. However, to avoid overtime costs, some public employers attempt to treat EMS employees as fire fighters, thereby paying them overtime only when they work more than 53 hours a week. Under applicable federal regulations, a state or local government employer must demonstrate that EMS/ambulance employees meet all of the following criteria in order to treat them as being eligible for overtime pay only after they have reached 53 work hours in a week:
• The EMS employee must be an "integral part" of the public agency’s fire protection activities;
• The EMS employee must be trained in the "rescue" of victims of fires, crimes and accidents;
• The EMS employee must be regularly dispatched to fire, crime scenes and vehicle accidents; and
• The EMS employee must spend at least 80% of his/her work time and calls in conjunction with fire protection/rescue activities.
Single role EMS employees whose jobs do not meet all of the above tests (including being cross-trained in fire and rescue activities) are required to be paid overtime compensation after they work 40 hours each week. B. ARSON INVESTIGATORS (Not subject to fire fighter overtime hourly standard) Fire (arson) investigators in a public fire department whose job is to investigate possible arson following a fire may no be grouped with fire fighters for overtime pay purposes, and therefore, pubic employers cannot decide that they will pay overtime to these employees only after they
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have worked 53 hours in a week. Arson investigators are entitled to overtime compensation after they have worked either 40 or 43 hours in a week, depending on whether their job responsibilities include certain law enforcement functions (e.g., whether or not they have the authority to make arrests). C. DISPATCHERS (Paid on a 40-hour workweek) Employees who perform an emergency communications role dispatching public safety personnel and equipment to fire, crime and accident scenes and who are not assigned (or rotated) into law enforcement or fire protection (i.e., fire suppression or prevention) functions must be paid overtime according to the 40-hour workweek standard rather than the higher thresholds permitted for police and fire fighters. PRE-SHIFT AND POST-SHIFT ACTIVITIES--Must be Paid Overtime for Activities Such as Lineups, Check Out Firearms, Writing Reports Many public employees, aside from canine handlers, are entitled to be compensated for job-related duties that they perform either before or after their regular work shifts. The general rule is that an employee must be compensated for activities performed either before or after the regular work shift if those activities are an integral and indispensable part of the principal work activities for which the person is employed. Whether pre-shift or post-shift activities are considered an integral and indispensable part of the principal work activities is highly dependent upon the specific facts of each case. In deciding a particular case, courts analyze whether the activities in question are necessary to the job and performed at least in part for the benefit of the employer (compensable time), or are performed for the employee’s convenience (non-compensable time). Therefore, in many cases, public safety employees are entitled to be compensated for such activities undertaken outside their regular shift such as cleaning firearms, checking firearms in and out, inspecting and repairing equipment, attending a lineup or briefing or writing reports.
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Appendix D
VOLUNTARY RECALL EXPENDITURES
Fiscal Year
2000 Fiscal Year
2001 Fiscal Year
2002 Fiscal Year
2003 July
136,422
73,800
68,600
August 123,408 65,781 85,600 September 56,466 48,168 99,800 October 31,086 122,976 124,800 November 43,488 113,076 109,000 December 76,617 94,212 191,232 116,200 January 25,137 31,482 86,157 59,000 February 31,923 41,292 115,182 March 83,862 83,862 73,098 April 40,086 39,600 25,452 May 62,172 119,592 20,367 June 114,300 18,558 34,749
AVERAGE DAILY ABSENCES Fiscal Year
2000 Fiscal Year
2001 Fiscal Year
2002 Fiscal Year
2003 July
78.16
58.43
August 77.68 54.78 September 66.23 55.92 October 60 66.45 November 56.13 63.12 December 77.52 71.16 77.38 January 64.52 59.16 59.75 February 67.07 67.54 70.04 March 72 72 62.56 April 63.50 62.70 51.59 May 70.39 69.54 51.37 June 76.13 74.40 55.93
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Appendix E
UNION PROPOSAL 1/02 NEW SECTION. RANK FOR RANK OVERTIME The Employer shall follow the rules provided in Section 26, Temporary Assignments provided such temporary assignment does not cause an overtime situation. All overtime shall be filled by an employee holding an equal rank as the work assignment which has been vacated as a result of an absence whenever possible. If such temporary assignment causes overtime as the result of the absence, the temporary assignment shall not be allowed and an employee of equal rank shall fill the vacated position (i.e., if a Fire Fighter is temporarily assigned to fill a Fire Apparatus Operator’s work assignment, and such temporary assignment causes overtime as a result of an absence, the temporary assignment of the Fire Fighter shall not be allowed and the ranked position shall be filled by a Fire Apparatus Operator). The Employer in each jurisdiction, in consultation with the Union shall develop a fair and equitable policy to address rank for rank overtime within their own jurisdiction. Related sections of this Agreement shall be appropriately amended to reflect any changes implemented by this Section.
01-02 1,084 53 3.8 2,468 177 1,364,145 Notes: Incidence Rate (I) is the number of lost time injuries per 200,000 hours worked; Severity Rate (S) is the number of lost work days per 200,000 hours worked; na = not available due to reorganization of departments.
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Appendix J
PERSONNEL YEARS OF SERVICE
(2/1/03)
0
50
100
150
200
250
300
350
0-5Years
5-10Years
10-15Years
15-20Years
20-25Years
25+Years
Years of Service
334
203178
145123
85
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Appendix K
Voluntary Recall Summary Comparing 30-day Periods
Dec 13, 2002 thru Jan. 11, 2003 and Jan 12 thru Feb 10, 2003 Filled Unfilled Filled Unfilled Date Positons Positions Date Positons Positions
F 12/13 8 0 S 1/12 5 0 S 12/14 9 12 M 1/13 7.5 0 S 12/15 10.5 6 T 1/14 4.5 0 M 12/16 18.5 2 W 1/15 6 0 T 12/17 16 5 T 1/16 0.5 0 W 12/18 5.5 0 F 1/17 8.5 0 T 12/19 17 0 S 1/18 5.5 1.5 F 12/20 7.5 1.5 S 1/19 6 2.5 S 12/21 7 12.5 M 1/20 2 0 S 12/22 12.5 2.5 T 1/21 1.5 0 M 12/23 12 9 W 1/22 2.5 0 T 12/24 7 15.5 T 1/23 4 0 W 12/25 3 0 F 1/24 7 0 T 12/26 4 0 S 1/25 10.5 3.5 F 12/27 13 0.5 S 1/26 11 5.5 S 12/28 8.5 0.5 M 1/27 8 7 S 12/29 8 0 T 1/28 2 0 M 12/30 3 9 W 1/29 0.5 0 T 12/31 3 7 T 1/30 1.5 0 W 1/1 4.5 1 F 1/31 0 0 T 1/2 3 0 S 2/1 F 1/3 6 0 S 2/2 S 1/4 6.5 1 M 2/3 S 1/5 1 0 T 2/4 M 1/6 6 0 W 2/5 T 1/7 4 1 T 2/6 W 1/8 6 0 F 2/7 T 1/9 7.5 0 S 2/8 F 1/10 4 0 S 2/9 S 1/11 11 0 M 2/10 Totals 232.5 86 Totals 94 20
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Voluntary Recall Summary Comparing 30-day Periods
Oct. 14 through Nov. 12 and Nov. 13 through Dec. 12, 2002
Filled Unfilled Filled Unfilled Date Positons Positions Date Positons Positions
M 10/14 2.5 1 W 11/13 12 0 T 10/15 8 2 T 11/14 11.5 5 W 10/16 2.5 2 F 11/15 12 0.5 T 10/17 4 1 S 11/16 8 14 F 10/18 8 2 S 11/17 12 11 S 10/19 4.5 7 M 11/18 16 0 S 10/20 7 5 T 11/19 16 1 M 10/21 6.5 1 W 11/20 5 1 T 10/22 4 0 T 11/21 15.5 0 W 10/23 12 1 F 11/22 9 0 T 10/24 5 2 S 11/23 13.5 7 F 10/25 6 4 S 11/24 14 6.5 S 10/26 14 10 M 11/25 5 0 S 10/27 6.5 4 T 11/26 10.5 0 M 10/28 13 0 W 11/27 8 0 T 10/29 8 2 T 11/28 4.5 0.5 W 10/30 8.5 5 F 11/29 4 0 T 10/31 15 8 S 11/30 1 0 F 11/1 12 8 S 12/1 11 0 S 11/2 11 4 M 12/2 2 0 S 11/3 8 1 T 12/3 10.5 0 M 11/4 10 0 W 12/4 1 0 T 11/5 2.5 0 T 12/5 12.5 3.5 W 11/6 5 0 F 12/6 11 0 T 11/7 15 0 S 12/7 12 7.5 F 11/8 15 2 S 12/8 10.5 1 S 11/9 4.5 4.5 M 12/9 11.5 0 S 11/10 7.5 18 T 12/10 10 0 M 11/11 5 2 W 12/11 7 0 T 11/12 8.5 0 T 12/12 17 0 Totals 239 96.5 Totals 293.5 58.5
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Appendix L
FIRE OPERATIONS
20001
Personnel Absences Per Month
(Excl. Vacancies)
Recall
Expense
Total Overtime (1 month later)
Difference* (Overtime for Training, etc.)
January 709 25,137 38,920 13,783 February 753 31,923 55,117 23,194 March 926 83,862 130,396 46,534 April 755 40,086 35,641 May 970 62,172 76,085 13,913 June 1,056 114,300 175,799 61,499 July 1,220 136,422 164,883 28,461 August 1,096 123,408 152,425 29,017 September 964 56,466 116,155 59,689 October 1,305 31,086 59,900 28,814 November 860 43,488 55,404 11,916 December 1,405 94,212 108,337 14,125 2002 January 775 31,482 62,217 30,735 February 848 41,292 39,844 March 964 83,862 110,980 27,118 April 726 39,600 63,261 23,661 May 785 119,592 211,940 92,348 June 985 18,558 13,378 July 1,012 73,800 108,243 34,443 August 971 65,781 89,982 24,201 September 1,019 48,168 182,765 134,597 October 1,338 122,976 295,993 173,017 November 957 113,076 226,739 113,663 December 1,391 191,232 308,216 116,984 2003 January 699 86,157 145,683 59,526 February 789 115,182 148,473 33,291 March 877 73,098 104,263 31,165 April 962 25,452 37,413 11,961 May 994 20,367 75,618 55,251 June 1,015 34,749 33,087 July 1,071 68,600 122,337 53,737 August 1,050 85,600 94,598 8,998 September 1,039 99,800 227,986 128,186 October 1,456 124,800 142,190 17,390 November 936 109,000 159,515 50,515 December 1,315 116,200 137,114 20,914