OLO Report 1189-4 January 23, 1990 I. an EVALUATION of BILL 42-87

OLO Report 1189-4 January 23, 1990 AN EVALUATION OF BILL 42-87 THE TRANSFER OF CAREER FIREFIGHTERS FROM FIRE/RESCUE CORPORATIONS TO THE DEPARTMENT OF FIRE AND RESCUE SERVICES I. SUMMARY AND MAJOR CONCLUSIONS/RECOMMENDATIONS ••• 1 II. AUTHORITY, SCOPE, METHODOLOGY AND ACKNOWLEDGMENT. 3 A. Authority • • • • • • • • • • • • • • 3 B. Scope ••••••••• 3 c. Methodology ••••• 3 1. Document Review •• 3 2. Interviews. 4 D. Acknowledgment 4 III. OVERVIEW AND ORGANIZATION OF THE REPORT. 5 A. Overview . 5 1. History . 5 2. Bill 42-87 . 5 B. Organization of the Report 6 PART I IV. BACKGROUND TO BILL 42-87 ••••••••••••••••••• 6 A. Events Leading up to Introduction of Bill 42-87. • • 6 B. Introduction and Enactment of Bill 42-87 • • • • • • 7 C. Highlights of Bill 42-87 • • • • • • • • • • • 8 D. Other Significant Events During the Period ••••• 9 1. Approval of new Classification/Compensation Plan ••• 9 2. Release of Red Ribbon Committee Report • • • • • 10 3. New Procedures for Appointment of Fire/Rescue Comm •• 10 v. ORGANIZATION/OPERATION--FIRE/RESCUE SERVICES UNDER BILL 42-87 . 11 A. Overview . 11 B. Selective County-Wide Fi.re/Rescue Operational Stats . 12 c. The Department of Fire and Rescue Services. 16 1. Overview . 16 2. Organization and Management . 17 3. Operational Support and Staffing . 18 4. Personnel Administration . 21 5. Communications . 23 6. Fire Prevention . 24 7. Training . 25 8. Budget and Expenditures . 26 D. The Fire and Rescue Commission . 38 E. The Fire Board. 41 F. The Volunteer Fire and Rescue Corporations . 41 Office of Legislative Oversight 100 Maryland Avenue, Rockville, Maryland 20850, 301/217-7990 ---=I ___ -_--__ I Part II VI. EVALUATION OF BILL 42-87 . •• 51 A. Overview • • • • • • • • • • • • • • • • • • • • • 51 B. Overall Operation of the Fire and Rescue Services ••••• 52 C. Roles and Operations of the Fire and Rescue Commission •• 54 D. Roles and Operations of the Fire Board •••••••••• 62 E. Roles and Operations of the Fire and Rescue Services • 64 F. Roles and Operations of the Fire and Rescue Corporations • 68 G. Cost of Providing Fire and Rescue Services • • • • • 70 H. Compliance With Legislative Intent of Bill 42-87 ••••• 73 I. Evaluation Summary • • • • • • • • ••• 77 VII. RELATED MATTERS • 79 VIII. CONCLUSIONS . • 82 IX. RECOMMENDATIONS . • 85 x. COMMENTS FROM AGENCIES AND CORPORATIONS • 86 Exhibits A. Bill 42-87 • • • • • • • • • • •••••• • A-1 B. DFRS Organization • • • • • • • • • • • • • • B-1 c. List of Corporations and Stations ••••• • C-1 Tables 1. Fire/Rescue Incidents and Dispatches •••••••••• 12 2. Summary of Incidents by Category. • • • • • • • • 13 3. Percentage of Dispatchs by Time of Day ••••••••• 13 4. Dispatches by Fire/Rescue Station •••• 14 5. Unit Response to Fire/Rescue Incidents. • • • • • 15 6. Staff Response to Fire/Rescue Incidents •••• 15 7. Failures to Respond to Fire/Rescue Incidents. • • 16 8. Fire/Rescue Staffing Levels for Primary/Other Units •• 22 9. Firefighter Courses - Career and Volunteer. • • • • 26 9A. Emergency Medical Courses - Career and Volunteer • 26 10. Total Expenditures FY86 • • • • • • • • 28 11. Total Expenditures FY87 • • • • • • • • • • 29 12. Total Expenditures FY88 •••••••••••••••• 30 13. Total Expenditures FY89 •••••••••••••••• 31 14. Comparison: Total Expenditures FY86-89 ••••••••• 32 15. Comparison: Personnel Expenditures FY86-89. • • • 33 16. Overtime Budgeted and Actual Expenditures FY86-89 • 36 17. Major Vehicles Inventory by Type •••••••••••• 44 18. Major Vehicles Assignment/Ownership by Corporation ••• 45 19. FY90 Authorized Corporation Employee Positions. • • 46 I. SUMMARY AND MAJOR CONCLUSIONS/RECOMMENDATIONS A. Summary In October 1987, the County Council enacted Bill 42-87 which provided for the lateral transfer (on January 15, 1988) of all tax-paid uniformed fire and rescue corporation employees to the County merit system, specifically, the Department of Fire and Rescue Services. The impetus behind the transfer was a court decision that, as corporation employees, the firefighter/rescuers were subject to the federal Fair Labor Standards Act and entitled to overtime compensation for work in excess of 40 hours a week. At approximately the same time, three other events occurred which would directly impact on the implementation of Bill 42-87: approval of a new classification and compensation plan for firefighter/rescuers, release of the Red Ribbon Committee Report, and enactment of a new law which gave the County Executive authority to appoint all seven members to the Fire and Rescue Commission. In the two years since enactment of Bill 42-87, the County continues to receive effective fire, rescue and emergency medical services. During this period: • the Fire and Rescue Commission has moved aggressively to fulfill its major responsibilities of providing the policy and regulatory framework for the independent fire departments and rescue squads; • the Fire Board has assumed a less visible role as an advisory body to the Fire and Rescue Commission; • the Department of Fire and Rescue Services has reorganized and effectively fulfilled its responsibility of providing support, especially personnel support, to all components of the County's fire and rescue services; and • the fire and rescue corporatiohs have continued to effectively fulfill their responsibility under law for the delivery of fire, rescue and emergency medical services. Also, in the two years since Bill 42-87 was enacted, the cost of providing fire and rescue services has increased significantly. While most of the increased expenditures result directly from Bill 42-87, there are other reasons unrelated to the transfer for part of the increase in expenditures. Finally, for the period since Bill 42-87, the corporations report only a slight decrease in volunteer membership; while LOSAP participation in 1988 actually reflects an upward trend. -1- B. Major Conclusions/Recommendations 1. The County continues to receive effective fire, rescue and emergency medical services from a combined system of qualified volunteer and County merit system firefighter/rescuers The County's combined system represents a uniquely successful example of a public-private partnership. 2. The Fire and Rescue Commission, deriving its authority from and acting on behalf of the County government, is aggressively moving to fulfill its major responsibility of establishing County-wide policies, standards, regulations, plans and programs for the fire and rescue services. 3. The Fire Board, with some legislated modifications, should continue to be the principal advisory body to the Fire and Rescue Commission on all matters concerning poli7ies, standards, regulations, and especially, operations. 4. The Department of Fire and Rescue Services has effectively fulfilled its overall responsibility to provide support for the County's fire and rescue services. 5. The fire and rescue corporations continue to effectively fulfill their op~rational responsibility of delivering fire, rescue and emergency medical services to the citizens of the County. 6. The cost of providing fire and rescue services has increased significantly in the period subsequent to the enactment of Bill 42-87. Although the bulk of the increased cost of providing fire and rescue services is directly related to Bill 42-87, there are other reasons unrelated to the transfer for part of the increase in expenditures. 7. The County should continue fulfilling its responsibility for public safety through fire, rescue and emergency medical services with a combined system of public and private resources. 8. The Fire and Rescue Commission should develop a County-wide policy of assuring that the operational performance for selected emergency incidents are critiqued by the participants and formally reviewed by the Commission. 9. The Fire and Rescue Corporations should continue to be responsible for the delivery of fire, rescue and emergency medical services. 10. All components of the fire and rescue services should endeavor to achieve one of the basic goals of Bill 42-87, that is, to promote harmony between County merit system career employees and volunteers by putting aside the acrimony, suspicion, and insensitivity which have plagued the combined fire and rescue services for too long. -2- II. AUTHORITY, SCOPE, METHODOLOGY AND ACKNOWLEDGMENT A. Authority Council Resolution 11-1360, adopted April 4, 1989, subject: CY 1989 Work Program of the Office of Legislative Oversight. B. Scope The purpose of this report is to examine the validity of the goals and objectives of Bill 42-87, which transferred career firefighter/rescuers from the independent corporations to the Department of Fire and Rescue Services. This examination will include a description of the organization and operation of the fire, rescue and emergency medical services since enactment of Bill 42-87; and an evaluation of the impact of Bill 42-87 on the delivery of those services. In addition, the report will evaluate Section 21-4A(a), of the Bill 42-87, specifically that, "The County will vigorously support the continuation and expansion of volunteer participation as a means of providing fire, rescue and emergency medical services ••• " C. Methodology This evaluation was conducted from May through October 1989, using a variety of fact finding techniques to include: 1. Document review: • Bill 42-87, codified under Chapter 2 and Chapter 21, Montgomery County Code. The complete file of the Bill to include the transcript of public hearing, minutes, and videotapes of Council worksessions and legislative sessions.

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