Administrative Problems Discussed At IAFC Conference in Kansas City
features
Administrative problems in such areas as arson, legal responsibilities, labor negotiations and productivity were featured in discussions at the 106th annual conference of the International Association of Fire Chiefs at Kansas City, Mo., Sept. 16-19.
The repression of arson is to be a priority with the Federal Emergency Management Agency (FEMA) and “the rest of the federal government” will give full support to the United States Fire Administration (USFA) plan of action, declared John W. Macy, Jr., FEMA director. He also told the chiefs at a general session that FEMA’s position was to collaborate with state and local authorities and not to dominate them.
Macy said, “I am looking forward to working with you” and he added that he hoped “to tackle the problems you have identified” and to develop solutions in cooperation with the fire service. The FEMA director explained that his organization would seek to provide augmented services where necessary and to develop functions that serve nationwide needs.
Macy explained that FEMA gives the various federal emergency agencies a single voice for the first time and FEMA “will endeavor to coordinate, stimulate and catalyze” the work of federal agencies.
“I have been impressed with the universality of the fire fighter in respect to emergencies of all kinds,” Macy acknowledged, and he added that he sees “greater protection from fire” in the FEMA association with the fire service.
Staff photos
Macy told the IAFC that during his inspection of the southern hurricane damage with President Carter, the President had asked Macy to express his “strong committment to the fire service” as the front line in emergencies.
The FEMA director declared that the fire service has a high priority in the agency’s involvement in emergencies ranging from national emergencies, such as civil defense, to socio-economic problems, such as civil disorder.
Macy also voiced his support for the continued introduction of women in the fire service and commented, “As far as we’re concerned, it’s no laughing matter.” He also declared that emergency medical service is “of extreme importance” not only to the fire service by also to others.
Vickery voices confidence
During introductory comments before Macy’s talk, Gorden E. Vickery, USFA administrator, acknowledged the fears that had been voiced by fire service leaders during the reorganization process that resulted in the fire administration becoming a part of FEMA. He said, “I no longer share these apprehensions with those of you who still harbor them.”
Vickery asserted that with Macy, the fire service faces “the greatest opportunity” it has had in the last century and added, “We have a better voice than we’ve ever had before.”
Vickery also cautioned the fire chiefs that they “also share responsibility” for the future and that FEMA is watching to see what the fire service will do.
Report to Congress
The training of prosecutors, judges, and insurance people—not just fire fighters—and the formation of task forces and community organizations are vital steps in the fight against arson cited in the arson report made to Congress in September by the USFA. Highlights of the report were outlined by Richard R. Strother, USFA administrator, in speaking to a general session of the conference.
Strother said the report calls for improving the capability of prosecutors to handle arson cases, sharpening the concern of judges and eliminating the “easy payoff” by the insurance industry that fosters the economic incentive for arson. One recommendation is that in the high risk areas, owners be asked to sign an anti-arson disclaimer to obtain insurance.
The associate administrator disclosed that in compiling the report, tax writeoffs were found to be a previously unknown reason for arson.
Community action
Strother said that the report also recommended organizing community groups to acquire manpower that municipalities are unable to hire to reduce arson. These groups can supplement arson task forces composed of fire, police, insurance, banking, building and health departments and other interests involved in the arson problem.
The report pointed to inadequate exchange of information by various agencies and the need for data collection analysis as weaknesses in combatting arson. Strother said the report also called for educating the public about the extent of the arson problem. He pointed out that one of the National Fire Academy courses is designed to train fire fighters how to detect arson.
Strother added that his USFA planning and education office has organized an anti-arson resource center that has already published its first Arson Resource Bulletin.
Labor negotiations.
Binding arbitration was strongly opposed by Ronald E. Deutsch, an attorney for the United States Consumer Product Safety Commision, who declared that this final step in an effort to resolve labor problems “is selling management down the river.”
He declared that arbitration is a tool for labor, not management, and that a strike or collective bargaining is preferable.
Binding arbitration, Deutsch commented, has not significantly decreased the number of strikes.” On the other hand arbitration keeps management’s offer lower and labor’s proposal higher as both sides look towards the mean an arbitrator is expected to recommend. From a self-preservation position, Deutsch explained, an arbitrator will act against the city before he will the union because in his area of employment expertise, there are many cities but usually only one union.
He viewed the ability in some cases of the parties to amend a binding arbitration award as recognition of the inadequacy of binding arbitration.
Alternatives favored
Instead of binding arbitration, which he called “the easy way out” of resolving issues at the bargaining table, Deutsch favored fact-finding and mediation.
With the proliferation of proposition 13 actions and resultant state aid, Deutsch saw the possibility of two-level collective bargaining. He envisioned bargaining for money on the state level and thrashing out other issues on the local level.
Noting that the general definition of a manager is the same in both the private and public sectors, Deutsch faulted the public sector for failing to obtain the exclusion of certain fire department positions from the bargaining unit. He voiced the opinion that if supervisors are barred from the union—or at least placed in a separate unit—then there will be “true collective bargaining at the table.”
Deutsch also advised his listeners never to make any statement containing the work “amnesty” during a strike because mention of amnesty is likely to lengthen the strike and it will impair later disciplinary action.
Legal pitfalls
In a discussion of the legal responsibilities of fire chiefs, John Peterson, a lawyer and an assistant chief of the Sugar Grove, Ill., Volunteer Fire Department, said that first of all, a chief should look at the body of law that gives his department the authority to operate. Peterson pointed out that when a department conducts operations that are not authorized, it faces the possibility of civil suits for damages or prosecution under criminal law.
Peterson cautioned, “You must be extremely circumspect and cautious” if you go beyond the scope of your authorized activities such as filling a swimming pool or rescuing a cat from a tree.
The speaker also pointed out that when a fire department operates outside its district, it must have a current written mutual aid agreement. He warned that the lack of one, or an intergovernmental agreement, results in no legal protection when personnel are injured or equipment is damaged in an accident.
Failure to perform duty
Peterson saw as an area of extreme hazard the failure to perform a mandatory duty and explained that this danger arises mostly in fire safety inspections and code enforcement.
Failure to perform properly a nonrequired duty that you have assumed can also lead to legal problems, Peterson advised. He said that if you accept a call, then you must complete the response. On the other hand, he explained, you are not required to assume a duty that you are not legally bound to undertake.
If training standards and criteria are mandatory under state statute, then the chief must see that his fire fighters receive the required training and he also must make certain that apparatus drivers are properly licensed if civil and criminal liability are to be avoided.
Immunity fading
Peterson explained that in some states there is an immunity act against damages caused while properly fighting a fire. However the “tendency and trend are away from these immunity statutes,” and Peterson predicted that eventually the high courts will say it is time to get rid of immunity when a tragedy involving a large loss of life and many injuries occurs.
Peterson also pointed out that most states have statutes on official misconduct that apply to a public official who intentionally fails to perform his duties or knowingly performs a forbidden act. Peterson said that if you know a situation exists and you do nothing about it, you are exposed to criminal as well as civil liabilities.
He recommended insurance as a means of protection against civil liabilities and said that the policy should include coverage for damages involving libel and slander, civil rights actions and false arrests. In addition he strongly advised including a clause that makes the insurance company hire a lawyer to defend any suit.
Officer selection
A method of selecting volunteer officers in his part-paid department that features an individual home-study program was described by Chief H. P. Heltzel of the Silver Spring, Md., Fire Department.
“This program is tailored to our fire department and our needs and works very much like a correspondence course,” the chief commented.
Each course must be completed within a year, and as each lesson is completed, it is sent to the department training officer for correction. If desired, the courses can be adapted for classroom presentation. This study program, Heltzel stated, “enhances the credibility of our volunteer officers with our career people.” The chief explained that the program is compatible with other training programs in the Silver Spring area and credit for some college courses is transferrable to the individual study program.
In addition to completing required courses, men seeking promotion must meet age and service minimums. For chief officers, applicants for promotion must be at least 30 years old and have 10 years of service. Heltzel said that applicants are evaluated by the officers in their assigned station and by command officers. They they are evaluated by the department board of trustees for promotion.
Productivity discussed
Improving productivity is a three-step process, said Steve E. Gillespie of the Hallmark Card Company in Kansas City, who represented the American Institute of Industrial Engineers at the productivity workshop. He said that the problem first has to be evaluated and then analyzed before productivity can be improved by selecting the best solution. Gillespie commented that the major hurdle was getting started.
Chief Charles Rule of Alexandria, Va., in that same workshop, deplored the practice of repairing parking meters and operating paint shops as ways of endeavoring to show increased productivity by fire fighters. He suggested that there are enough job-related activities for fire fighters to be truly productive.
At the same time, Rule lamented the fact that “no one has identified a job performance standard.” He declared that federal officials threaten to cut off revenue sharing because “we don’t have good standards” that govern the hiring of minorities. In particular, the fire service doesn’t have an accepted, valid, minimum entry level that is applicable to the hiring of women, Rule declared.
Information needed
Rule also saw a need for measurable job-related standards to determine if a person is doing his job properly and noted that resource information is needed to determine how best to use available manpower. Other than one project 10 years ago, Rule explained, there has been no study he knew of to determine how many fire fighters are needed in fire companies.
Stressing the importance of job activity measurement, Rule commented, “I cannot see any productivity we can hang our hat on in the next 10 years” unless we get the tools for measuring. He saw productive savings in the consolidation of what he termed fuctional activities such as joint purchasing, dispatching and training.
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Rule stated that in Alexandria the use of volunteers to supplement the paid force is being considered.
Productivity with EMS
Emergency medical service, Rule commented, is “very productive” when fire companies are used as first responders.
The value of EMS to the fire service was further supported by Chief Dudley Martin, of Dekalb County, Ga., who said that his fire department makes about 1800 EMS runs a month while responding to about 1000 fire calls. He added that the county commissioners reported they got more compliments on the emergency medical service than on any other department in the county.
Martin advised the chiefs that when they visit other departments to inquire about new programs, they should talk particularly with the fire fighters to find out what problems may have been built into these programs and overlooked by the program leaders. He commented that programs that are extolled by the chief you talk with may have some problems built in that you should avoid carrying over into your version of a program.
Job satisfaction
As a result of continued “emancipation of the worker,” said Chief Inspector Kenneth B. Holland of the British Fire Service, management must recognize the importance of job satisfaction. Therefore, he said, there is an effort in the United Kingdom to give fire officers more training in industrial relations. He also urged members of the fire service to strive for greater identity with the communities they serve.
Holland voiced concern about the “dilution of experience” caused by the reduction of the work week from 56 to 42 hours, and he said he was “becoming increasingly nervous” about those who are ignoring “the bread and butter basis of the fire fighting profession.” He wondered, for example, if every officer recognized the importance of debriefing after fighting a fire.
At the same time, Holland felt that more can be done in the area of fire prevention and suggested that there is room for developing skills in risk management techniques.
Holland also predicted increased attention to physical fitness and cautioned, “There remains a great deal of objective research to be done before we establish a base line on fitness.”
Arson report
In reporting as chairman of the IAFC arson committee, Dan J. Carpenter, chief fire marshal and administrator of Mecklenburg County, N.C., warned that the FBI classification of arson as a part I crime was expected to cease Oct. 1. He explained that the directive forcing the FBI to give arson this primary reporting status was in the Department of Justice funding bill that expired Oct. 1.
Therefore, Carpenter urged the chiefs to write letters to their congressmen in support of Senator John Glenn’s arson bill, S. 252, which would coordinate federal anti-arson programs and further the investigation, prevention and detection of arson.
Carpenter also proposed greater cooperation of fire service arson investigators with insurance companies. He pointed out that insurance people have been helpful to fire investigators and it is time to repay this debt by working more extensively with them.
