Mediating the Best Solution

BY RICHARD MARINUCCI

As the chief, you may be asked to provide a solution to an issue that involves members of your department and people outside your organization. Those on the outside may be other government employees, including your boss, private citizens, or members of the business community. In these cases, you are not the technical expert and probably are not involved in the details of the issue. Regardless, you are where the “buck stops” and will need to produce a viable solution that is in the best interest of your community and department, provides relief for your boss, and supports your personnel.

THE TWO SIDES

You receive a call from your boss, who would like to meet with you regarding an issue involving a property developer who is trying to gain approval for a certificate of occupancy. At the meeting, your boss informs you that an influential business person in the community is not happy that he is unable to get approval to open his business because the fire department is holding up the process. He told your boss that he has everything done and is awaiting an inspection. Your boss states that the business person implied that the department is unnecessarily delaying his project. Your community is trying to attract new development and business, and your boss does not want the city to develop a reputation as being uncooperative toward business.

With this information, you meet with your fire inspector in charge of the building. He paints a different picture. He says that he has made inspections and identified issues. In fact, he has contacted the business person numerous times, explaining what needed to be done to comply with the Fire Prevention Code to obtain a certificate of occupancy. According to your inspector, there has been little effort to correct the deficiencies and there has been no special treatment with this project. The inspector also reminds you that there are vacancies in the Prevention Bureau, which makes it difficult to continually commit extra time to this project. This is indeed true, as there are staffing shortages that make keeping up with the workload very challenging. Now what?

CHIEF, MIDDLE MANAGER

This is a case where the chief is a middle manager, not the top executive with final authority (although the local Fire Prevention Code probably grants this right by ordinance). The chief is also in the position of needing to balance the needs of the community (and his boss) with the safety elements in the Fire Prevention Code. There is the implied pressure to support the business community and new development. The chief also needs to support his personnel, which is not only important in this instance but also in future cases. Although often you can look at these issues and determine that the code is quite clear, the chief would be very naïve and not in tune politically to assume that there is a quick fix.

A good approach is to work from within your department to gain all of the facts and information regarding this issue. Meet with your inspector, and get a report of everything that has occurred up to this point. Ask the questions that need to be answered—those that you can expect from your boss or the business owner. Proceed under the assumption that you may be placed in a public forum, such as a city council meeting, or it may reach the media. Proper, detailed preparation will give you the edge. Your inspector will be responsible for the technical aspects of this issue. Unless you are recently removed from the Fire Prevention Bureau, you will not be on top of the requirements. Your personnel need to know that you will be asking questions, and they should not get defensive regarding what has occurred. You will require facts that place you in a defensible position. You may also ask for the “bottom line” from the inspector, so you know if there is any room to move during the upcoming “negotiation.”

Once you are comfortable with the information, meet with your boss. This must happen sooner than later. There is a sense of urgency that will probably make this a priority. Any perceived delay on your part can be used by the business person to strengthen his case that he has had to deal with unnecessary delays. Do your best not to provide this argument. Also, this is a good time to remember that you and all of your personnel need to be professional and nice throughout the entire process, even though it may be difficult with some people. If you or your inspector is perceived to be rude or impolite, you will open up even more potential issues.

Unless directed otherwise, take the inspector to the meeting with the boss. You will need the technical expertise to explain your position. This will help build credibility for your position and help provide more detailed information that will help your boss take a position that, hopefully, supports what has happened. It is also an opportunity for your boss to see the good people you have working for you and their passion for doing the right thing for the protection of the community. Your inspector will also get the advantage of seeing firsthand the challenges your boss faces. You are trying to get all parties to view the issues from the others’ perspectives. This understanding will help find the best solution.

At this point, your boss has control. You may be told to “take care of the problem.” You may or may not receive direction or advice. If this is the case, then you need to proceed within the confines of the code. If you are given some suggestions, you should strongly consider them. If you are not in agreement with the course of action to take, do not leave the meeting. You need to be very clear on what will take place next. If the code leaves you no “wiggle” room, then state that openly. Do not disregard what may be mandated. Just be sure everything is crystal clear.

Ideally, your boss will stay involved initially. This can be a huge help and sends a strong message to the business person. Regardless of the specifics of the final outcome, all will recognize the support this demonstrates. Your role in this is to support your boss in return. You cannot change positions or bring previously undisclosed information into the discussion (unless, of course, it was recently discovered and you were not aware). Know what must happen, and work toward that solution. If there is an imminent danger, you will need immediate action. If not, be sympathetic to the challenges of the business owner. If he is reasonable, he will likely recognize what you are doing and respect your position, even if he doesn’t agree.

In cases such as these, you are really a mediator. You are not a direct player in the conflict but will be held responsible to find the solution that everyone can live with. As chief, you need to be supportive of your community, which includes those in business. You also ask your employees to do their job. As anyone who has been a chief for awhile knows, most issues do not have black-and-white answers. In most cases, there are many shades of “gray.” Your job is to find the best “shade.”

RICHARD MARINUCCI has been chief of the Farmington Hills (MI) Fire Department since 1984. He was president of the International Association of Fire Chiefs in 1997-98 and chair of the Commission on Chief Fire Officer Designation. In 1999, he served as senior advisor to Director James Lee Witt of FEMA and acting chief operating officer of the United States Fire Administration for seven months as part of a loan program between the City of Farmington Hills and FEMA. He received the Outstanding Public Service Award from the director for his efforts. Marinucci has three B.S. degrees: in secondary education from Western Michigan University, in fire science from Madonna College, and in fire administration from the University of Cincinnati. He was the first graduate of the Open Learning Fire Service Program at the University of Cincinnati (summa cum laude) and was named a Distinguished Alumnus in 1995.

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