from: sean grinnell, fire chief board of directors date: 6-7-11 … board packages/june14 … · o...

MEMORANDUM

Board of Directors

FROM: Sean Grinnell, Fire Chief

DATE: 6-7-11

SUBJECT: Administrative Pohcy Revisions

Cc: File

After working with Director Doolittle and Attorney Bill Arnone the attached policy revisions areready for approval. However, I would like to meet and confer with Local 3051 prior to yourapproval.

These revisions do not appear to interfere with our agreement nor do they appear to impact theworking conditions. do not expect any further changes but will keep you informed as we movetoward approval next month.

TO:

Bodega Bay Fire Protection DistrictAdministrative Policy Manual

4.2 Job Description: Director

DefinitionBOARD OF Dll?ECTORS: The publicly elected body whose responsibility it is to setpolicy, ensure the optimum operation of fire prevention, suppression and emergencymedical services within the District and in areas under contract. The Board is responsibleto the residents and property owners of the District for the protection of District assets.

Duties and authoritiesThe Board of Directors as a whole body has the ultimate responsibility for ensuring thelawful, prudent, efficient and ethical operation of the BBFPD.The Board sets the Mission, Vision and Values of the District, and establishes overallofficial Policy, Rules and Regulations.The Board of Directors ensures optimum and high quality fire prevention, suppression,and EMS within the District and in areas under contract. The Board meets monthly on thesecond Tuesday to conduct routine business and ensure District compliance with allapplicable regulations, laws, and directives. The Board is responsible to the voters of theDistrict for the protection of District assets and expenditures thereof. The Board may, byordinance, adopt fire prevention codes. The Board shall be directed in its actions by theHealth and Safety Code, Part 3 of Division 12, Chapters 1 through 11, commonly knownas the Fire Protection District Law of 1987, and all other applicable regulations, laws anddirectives.

Board Duties and Authorities include to:A. Policy

o Develop Policies which:Define responsibilities and eliminate ambiguities.Give appropriate authority to the Fire ChiefProvide visionary organizational direction and guidanceEnsure that District business is conducted in compliance withapplicable laws, statutes, regulations, codes, etc.

• Create and follow the Board’s own internal policies, procedures, andexpectations of its members, such as attendance, preparation formeetings following the Brown Act and Robert’s Rules of Order.

B. Legalo Ensure District staff complies with applicable State and Federal

mandates.C. Fiscal

o Steward the District’s fiscal affairs:Property — asset preservation.Insurance.Compensation,Benefits.Payroll.

13 Board Approved 20??


Warrant requests.Special requests.Monitoring expenditures and ensuring economic efficiency.Generating new revenues, based on projections of future fiscal needsthrough:

Grant acquisitions, code enforcement, taxation, surplus/sales ofassets, and/or negotiations of contracts/agreements with local,state, federal or private entities.

• Study and ratify the District’s annual budget and compensationprogram.

0. Planning• Define, evaluate, and deal with critical issues.• Develop a Mission Statement, Value Statement, and Vision Statement.o Establish short and long term goals.• Develop and maintain a Strategic Plan to serve the District’s Mission,

Values and Vision to achieve District’s Goals.• Develop District wide rules and regulations.• Routinely review and update the District’s Vision and Strategic plan.a Establish and declare the level of service and risk that the District is

willing to accept and support.• Maintain awareness of external and internal District issues by routine

communication with the Chief, but not circumventing the Chain ofCommand.

B. Monitoring and Evaluationo Monitor progress towards reaching established goals.• Develop a Philosophy, Policy and Procedure for Performance

Appraisal.• Provide routine feedback to the Fire Chief on a continuous basis, and

formally appraise the Chief’s performance on an annual basis.F. Personnel

o Develop a list of qualifications, position description and evaluationprocess for the Fire Chief.

o Hire and supervise the Fire Chief.• Support the Fire Chief in the management of day-to-day operations.• Maintain open, honest, and “one voice” communications with the Fire

Chief.o Act as the final authority in implementing the District’s Grievance

policy and procedure and resolve a grievance if the parties involvedare unable to solve it.

G. Community involvement and relationshipso Assist the Fire Chief in managing political and/or media entities when

requested to do so.



• Openly and quickly share minutes of all Board of Directors meetingswith the public.

• Maintain membership to a full five positions, replace members (wholeave the Board) as quickly as possible by inviting and reviewingtogether applications from interested community members.

Basic Responsibilities of Individual Directors:In order to assist the Board as a whole to carry out its Duties and Authorities, eachindividual Board member is responsible for the following:

• To be familiar with policies governing the operation of the District.• To be familiar with the laws governing the District and to obey those laws.• To be familiar with District financing.• To practice open and timely communications with the community and the Fire

Chief.• To understand the nature of the fire service profession and its management.o To understand the nature of the organization design/chain of conirnand.• To maintain regular attendance at Board meetings as formally agreed by the

Board.• To support decisions made by the Board by words and actions.o To refrain from involvement in day-to-day operations.o To place personal interests secondary to the interests of the District as a whole

on applicable matters• To refrain from unilateral action, or from appearing to represent the Board as

a whole.• To abstain from voting on any agenda items in which the member is

interested, or those which could affect them personally or financially.(Conflict of interest.)

• To actively participate in Board appointed committees.• To research community needs and interests by attending meetings other than

District Board meetings to listen as well as to increase the community’sknowledge about the District.

• To be an ambassador of the District to actively support District issues andconcerns.

• To be responsible for scheduling routine and regular visits to the Fire Stationto pick up/leave off documents, sign paperwork at the request of the Chief,etc.

o To become familiar with and follow Board’s own policies used to govern andconduct meetings.

o To thoroughly prepare to discuss and act upon agenda items for each Boardmeeting.

o To become familiar with the District’s operational vision, personnel, chain ofcommand, service, programs, facilities and resources.



• To dedicate his/her experience and knowledge to identify problems to besolved, weigh evidence related thereto, and make wise decisions intended tosolve the problems, and meet District goals.

• To utilize her/his specific background, experience and expertise during thedevelopment of projects, policies, contracts and issues which are similar innature to the member’s work or personal background and/or knowledge.

• To conduct one’s self with courtesy to other Board members, to Districtpersonnel and to members of the public present at Board meetings.

• To keep an open mind to new ideas and to encourage innovation leading to anincrease in the quality and level of service being provided in the District.

• To participate, when possible, in local/regional professional organizations,such as Fire District Associations.

AccountabilitiesThe Board of Directors is accountable to the community, the personnel, and to each otherfor working together as a unit, carrying out its duties and authorities. It is alsoaccountable for acquiring and using its combined knowledge, skills, and abilities to thehighest degree possible.

Knowledge, Skills and AbilitiesKnowledge of:• A fundamental / general understanding of all current Special District, County, State,

and Federal mandates, laws, rules, regulations, and procedures.o Fiscal and personnel management principles and practices.• How Sonoma County conducts its business and relationship with the Fire District

(i.e., warrants, taxes, auditing, and other District matters).• How to operate in a coordinated, unified way.• The current and probable future political climate which may impact the District.a How the District is organized and its chain of command.• How Fire and EMS service has evolved and is evolving.• What future Board items will be, and how to prepare for them.o How his/her own experience and knowledge can contribute to the District.

Skills:o Policy development.• Planning, especially Strategic Planning.o Fiscal management.o Decision making/problem solving.• Monitoring and evaluation including performance appraisal.o Exhibit high moral, ethical, and honest behavioro Management control.• Risk analysis and risk management.• Supervision.



• Communication, including active, respectful listening and open, timely and honestcommunication with others.

o Acting as a single unit in planning, and managing the business of the District.o Arbitration of grievances, as needed.• “Depersonalizing” issues.• Objectivity and fairness.• To operate as a team!corrmiittee/Board member.• Positive public relations and public contact skills.• Research, analysis and synthesis.

Abilities:Board members must be able and willing to continue to grow in acquiring, learning, andusing the knowledge and skills listed above. In addition to those which s/he alreadypossesses, each Board member is expected to continue his/her development through selfstudy and District supported training opportunities.

QualificationsBased on California Elections Code, Section 200-201, Board members must be registeredvoters in the District at the time of the person’s election or appointment.

4.3 Collective Bargainin~SgreementIt is the policy of the DisyiCt Board to engage in discussions for the purpose of reachingagreements with recognized employee groups, as required ip?the Myers-Millias-BrownAct. 7/

7/-

4.4 Code of EthicsGdi,t Code § 53235. Ethics training /

If a local agency provides any type of compensation, salary, or stipend to a memberof a legislative body, or provides reimbursement for actual and necessary expensesincurred by a member of a legislative body in the performance of official duties, then alllocal agency officials shall receive training in ethics pursuant to this article.(b) Each local agency official shall receive at least two hours of training in general ethicsprinciples and ethics laws relevant to his or her public service every two years.

The Board of Directors of the Bodega Bay Fire Protection District is committed toproviding excellence in legislative leadership that result iwthe highest quality of servicesto its constituents. To that end, the following rules wi~ll’be followed:

The dignity, style, values and opinions of each Director shall be respected.

Responsiveness and atteiftive listening in communication is encouraged.

o The needs of the District’s constituents should be the priority of the Boardof Directors.



inten4ed discipline the 5m~yee shall be notified by letter. In such aca~g’ neither the or~gi1al letter of intended. discipline or the letter ofy6tification of the 6ecision shall be placed[’{n the employee’s personnel

/file.

I. Employey/Non-Response -- ~vthe event that an emplo;ee opts not torespo9€Yto the letter of in~nt1ed discipline within fiv~’caIendar days ofreceift of the letter, ~he supervisor shall proce9,d”with the intendeddisciplinary action. Sèopy of the letter shalL be laced in the employee’spersonnel file.

I~2v1ERGENCYWORKERSDESCRIPTIONThe District is signatory to both the California Fire Assistance Agreement and the CaliforniaMaster Mutual Aid Agreement. The District has agreed to provide equipment and personnel toLocal, State and Federal Agencies during statewide emergencies and disasters, both naturaland man-made, such as tires, storm, earthquake, flood, riot and tenorist events.In order to provide the personnel necessary to staff the Districts apparatus, for extendedperiods of time, during these and other similar emergencies the District may be required tohire Emergency Workers on a temporary basis.

DEFINITIONo Emergency Worker — Individuals hired on a temporary basis in response to a specific

unforeseen emergency who are not intended to become permanent employees of the District.a IRC — Internal Revenue Codeo FLSA — Fair Labor Standards Acto Cal PERS — California Public Employees Public Retirement Systemo Duty Officer—the highest ranking, thil-time, officer on duty at the time.

REFERENCEo IRC 3121(b)(6)(C)a IRS Publication’s 15 and 963

GUIDELINES1. Emergency Workers may be hired by the District to perform services on a temporarybasis on account of a storm, snow, earthquake, flood or similar emergency pursuant toIRC 3l21(b)(6)(C).

o Emergency Workers will be hired specifically to perform services in connection with theemergency, are not intended to become permanent employees of the District.

o Wages paid to Emergency Workers, to respond to an emergency, are not subject tosocial secunty and Medicare taxes.

This exemption applies only with respect to wages paid for services



performed related to the emergency for which they were hired.o How long the Emergency Worker remains employed by the District, on an

emergency basis, depends upon the facts and circumstances of the emergency.o If an Emergency Worker becomes a penmnent employee, the worker is subject to

general rules for social security and Medicare coverage.

PROCEDURES1. The District may hire Emergency Workers to augment the staffing on its apparatus torespond to a local, state or federal emergency under the California Fire Assistance or theCalifornia Master Mutual Aid Agreement.

o If the District hires Emergency Workers it will do so from its qualifiedVolunteer Firefighters, Firefighter Interns, or Reservists, or members flom other fireagencies in order to meet the training standards established by the California IncidentConniand Certification System, OSHA, Title 22 and other state and federalguidelines.

2. Emergency Workers will be paid at the Districts current established Firefighter Step 1 rate,including overtime, portal to portal.

• Emergency Workers will paid on an established seven (7) day FLSA work periodbeginning 8:00 am. Sunday and ending at 8:00 a.m. the following Sunday.

• Overtime will be paid after the first fifty three (53) hours of each seven (7) day pay period.

3. Emergency Workers will not be subject to social secur ty and Medicare taxes.

4. If the Emergency Worker is a current member of Cal PERS and is not currentlyemployed by a Cal PERS employer the District will pay both the Emergency Worke?scontribution and the Employers contribution to Cal PERS for the duration of theemergency.

5. The services of the Emergency Worker wifi be terminated when the individual hasreturned to District and has been released by the Duty Officer.

6. Emergency Workers will be covered in accordance with state and federal laws under theDistrict’s Workers Compensation Insurance policy.

7. Emergency Workers hired fiom other fire agencies will be covered under the WorkersCompensation Policy of the fire agency for which they work or are a volunteer member.

EMPLOYEE CLASSIFICATIONSEMPLOYEE: An employee member may be one of five classes. An employee will befurther classified as a safety or non-safety member.



FULL TIME: A person hired and paid for services rendered on a regular, scheduled basis,with compensation and benefits as stated in accepted agreements with the employee orgroup of employees.

PART-TIME: (Safety / Non-safety) A person hired and paid on an as-needed basis. Apart-time employee has no benefits (unless Board approved) and is not covered under thesame working agreements as full time employees. Part-time safety employees shall becompensated at the same rate of pay as Full Time employees at Step 2 of current MOU,until such time as step 1 equals step 2, then the rate of pay will equal step 1 thereafter.Part-time non-safety employees will be compensated at the rate established within theemployee benefits portion of this manual.

VOLUNTEER: (Safety I Non-safety) A volunteer is a member who receives a stipend forservices rendered and responds to emergency incidents on an as needed, on-call basis, butmay receive reimbursement for incurred expenses.

INTERN FIREFIGHTER: A training position that receives training greater to or equal tothe California State Firefighter I and U level. This position(s) receives no compensationor benefits.

RESERVE: (Safety) A “at-will” position for the person who has completed or has proven)j proficiency as an intern firefighter I and II, desires further experience in the fire service,

is a member in good standing, and the District has the need is eligible to participate inthis program.

BOARD DIRECTOR: An elected member, residing within the Fire District Boundary,elected to a four year term.

EMPLOYEE BENEFITSThe District provides benefits to all employees working a regular reoccurring full or part-time schedule of 20 or more hours a week. Employees entitled to receive benefits shallbe referred to as “qualified employees.” The District reserves the right to provide benefitsprograms by self-insurance, through an insurance company, or by any other method thatprovides the benefits or coverage outlined. The District reserves the right to cap the costof all benefit programs in accordance with the MOU(s).

The District is responsible to follow the terms of all benefit plans (UnderwritingPolicies). The MOU (s) defines the wages, hours and working conditions of allrepresented and non-represented full-time employees. The MOU (s) are specific towhom the benefits apply. The “extra” benefits the plans might allow for will be at NOcost to the District and fully funded by the qualified employee (s).



Part-time employees working on an “as needed” basis are not entitled to the benefitprograms outlined below. Part-time employees working a regular reoccurring schedulefor a year or more will be allowed access to these benefits. Premium amounts may bebased in part on hours worked per week.

The benefit programs are as follows:

A. Medical InsuranceAll qualified employees, their spouse, and their dependants are eligible to participate in agroup medical plan selected by the District. The District shall pay a percentage of theactual premium in accordance with the current MOU(s) if applicable.

B. Dental InsuranceAll qualified employees, their spouse, and their dependants are eligible to participate in agroup dental plan selected by the District. The District shall pay a percentage of theactual premium in accordance with the current MOU(s) if applicable.

C. Optical InsuranceAll qualified employees, their spouse and their dependants are eligible to participate in agroup vision care plan selected by the District. The Employee shall pay 100% of theactual premium charged by the approved vision insurance provider for providingcoverage to the employees and their dependants under the terms of the Plan.

D. Life Insurance (Not offered)

E. Disability InsuranceAll qualified employees are eligible to participate in the District’s disability insuranceprogram via CSFA membership and enrollment with LTD carrier, which is paid for bythe District.

F. Deferred (PERS 457) Compensation ProgramAll qualified employees are eligible to participate in the District’s deferred compensationprogram through PERS. This program is 100% employee funded.

0. Public Employees’ Retirement SystemOn behalf of its employees, the District has contracted with Public Employees’Retirement System (PERS) for retirement benefits. The District shall pay the employee’scontribution to PERS on the employee’s behalf unless otherwise specified in MOU (s).

H. Live “In-District” IncentiveAll qualified safety employees are eligible to participate in the District’s Live-In DistrictIncentive if the employee’s place of residence is located within the legally defined FireDistrict boundary. This is an IRS reportable benefit and not entitled to PERS retirementcalculations at this time.



The qualified employee will be paid an additional $600.00 per month to reside within theDistrict. This amount will be annualized ($600.00 multiplied by twelve = $7,200.00) andthen divided by twenty six (the number of pay periods in one year) equaling $276.92 perpay period. The qualified employee will receive this amount, minus all taxes, in the formof a separate payroll check each pay period.

H. COMPENSATION

• Full-time employees: See current MOU.

• Part-time employees: SafetyFirefighter/EMT — MOU Level II of Base pay ratesFirefighter/Paramedic — MOU Level II of Base pay rates

o Part-time employees: Non-safetyClerical/analyst $16.00 per hourSecretarial $16.00 per hourAdministrative $18.00 per hour

• Volunteers: Drill and Response Pay for Volunteers is:Payable on or before December l~ of each year. Dec. 1st — Nov. 30th

$10.00 per incident response$20.00 per training event

Volunteer Firefighters-Temporary Fill in Service:

From time to time, the District may request that a qualified Volunteer Firefighter fill infor a full-time employee who may be sick, on vacation or on another assignment. TheDistrict will pay the Volunteer an amount for each period filled that represents a nominalreimbursement for food, cleaning and maintenance of uniforms, transportation and anyother out-of-pocket expenses incurred incidental to providing such volunteer services.The amount paid will be $65 00 foi a twenty foui (24) houi penod, $32 50 foi a twelve(12) hour period and $16.25 for a period of six (6) hours or less.

*Eligible for Emergency Worker Status

o Reserve Firefighter:$100 per week for one 24 hour shift or more~~E1igib1e for Emergency Worker Status

o Intern Firefighter I and IINo compensation for this position~Eligible for Emergency Worker Status



Copies of agendas and other writings (except for privileged documents) distributed to amajority of the Board of Directors at open Board meetings shall be made available to thepublic. A limited quantity of such documents (based on normal audience attendance)shall be copied in advance of each meeting and made available to the public in attendanceat no charge.

DRUG ANIJ ALCOHOL TESTINGPURPOSE

To establish and maintain a drug- and alcohol-free workplace in the interest ofpublic safety and a healthy and productive work environment, by prohibiting theuse, consumption, influence, possession, distribution or sale of illegal drugs orcontrolled substances and/or alcohol use while on duty.

SCOPEThis policy applies to all prospective and current employees.

POLICYIt is the policy of the District to demand a drug- and alcohol-free workenvironment so employees have safe, healthy, and productive conditions in whichto work. The maintenance of such an environment justifies the use of areasonable employee drug/alcohol testing program. Any employee failing to meetthis policy shall be subject to discipline, up to and including dismissal.

GUIDELINESo Drug and alcohol testing is done as a component of our pre-employment testing,

after each accident which involves apparatus and personnel or members of thepublic are injured, and if use is suspected while on duty.

o A positive test result of a full time employee (not on probation) will beinvestigated completely. Disciplinary action, up to and including termination,will be considered on a case by case basis.

o EAP support for use or abuse will be required and monitored.

FIREFIGHTERS ASSOCIATIONThe District recognizes and appreciates the roll of the Firefighter’s Association inarranging for and managing social functions and activities that further the safety andwell-being of its members. The District recommends that the Association accept into itsmembership District employees from all classifications.

The functions and duties of the Association should be set forth in written Articles,Bylaws and policies, and should not interfere in any way with the functions or duties ofthe District.



The District will continue to use the “Association” agenda item at its monthly Boardmeetings as a means to formally communicate needs and wishes between the Associationand the District.

Permission of the Fire Chief must be obtained before items donated by or through theAssociation may be used by District employees to augment or replace materials,equipment or supplies provided by the District.

The District acknowledges and encourages participation by District employees andAssociation members in community events that promote the interests of the District. Theapplicability of the Distr ct’s insurance policies to such events will vary depending on thenature of the event and will be controlled by the terms and conditions of those insurancepolicies. Official participation by the District in any community event must first beapproved by the Fire Chief or the Board.

FIXED ASSET ACCO)JNTINGThe purpose of this policy is to ensure proper accounting cyntrol resulting in the maintainingof accurate financial reports of fixed assets.

An accounting, or inventory, of all fixed ass5s4S~l be conducted on an annual basis. Afterthe conclusion of said inventory, the Firej2hief or fiscal officer shall certify its completenessand report the results thereof to the3patli of Directors at its next regular n~onthly meeting.

Applicable punzhases for mci in said accounting shall be thejol~wing:

o Equipmentje6( and vehicles that individuallfla~ original total cost of morethan $~9J&OO. __tz

o~M1~nd and building acquisitions regui~Iess of price.

o Additions or major improven~ents to the Districts service infrastructure.

When any item is received, a tag with a unique identification number shall be affixed to saiditem, and the number recorded in the permanent inventory records.

Permanent inventory records shall be maintained in eitjjpra’paper file or electronic (computerdata base) formaf Said records shall be updated w)e~èver a change in the status of a particularfixed asset occurs (e.g., original purchase,~~Je-&struction, loss, theft, etc.).

Thformation to be maintained in said inventory records shall include at least the following:

o Asset number



breach a wall with a screwdriver as a~nIethod of self-rescue is not valuable.However, teayl~ing such a specifiy4ocedure as one of fo~jr4’nnual departmentalnight di~jythight be nhissin~p(point of addressing th basics.

o Nup~ Talent: This ispdl’mportant goal in dev9loping a training program, yeth6rd to attain. It req,3k~s a vibrant, motivated7lfands-on approach from the verytop of the depart~ent to succeed. Using aft~r-action debriefings to developtraining for ski)JI not often used or misaup’lied should be purely constructive,never puniti,yé Firefighters, like all pipt’essionals, are quick to fi5çl~fhult at a scenewhen thiØ do not go right. This faflft-finding must be chann,Jed into positiveand ryárding training desi~ney6eliminate obvious problems.

• E;cite trainees with learni9g4ve as firefighters must_be technical specialists inmany aspects of disasteyuuitigation. Many of these,afeas are ripe for providingnew learning opport~pities for departments. Th’tIegative side of technicalspecialization, wh~ph must be resisted, is the,b~lief that only certain firefightersare able to learn,&rtaln specialties. “On~,Siation 2 personnel ca~1participate inhazmat traln)p~, because they have thflazmat truck.” ksteadStation 2 personnelshould be,teaching other station pe~sSnnel what they know/This training shouldbe posjji4e and useful for the sitpdiions in which all emrgency respondersfrequently find themselves.,~,’ //

• Develop potential: Her94~in, some departm~f~all into the false belief that thetraining department 9øhtains instructors aqfrthe rest of the department containsstudents. All emp~p~ees should be encoyfaged to train others. The wylling off ofthe training depsftment as some for9i.~h territory is the beginning,o1 the end fordeveloping pzfential trainers wiç~iic a department. This territ9ri~i behavior alsocreates resentment for the de_fsEto trainers, which makesJh~ir message lessreceptive to others. Conversely, an open training dep9itthent encourages andrewards innovative, exciting training. Open the t~ituing doors to all and you willbe pleasantly surprised with the number and quality of trainers at hand.

VOLUNTEER PROGRAMThe District’s Volunteers are a necessary and valuable component of the District’s servicedelivery system. Without Volunteers, the District would not be capable of providing thestaffing necessary to manage many of its emergency responses.

The goal of the Bodega Bay Fire Protection District Volunteer Program is to support andenhance the delivery of service to the community. The Districts Volunteer Program:

o Provides additional staffing and critical support functions during times of realand/or potential demand for service as well as initial response to emergencies andother requests for service.



o Provides opportunities for the individual volunteer to maximize theircontributions to the District and the community.

o Recognizes the value of volunteers by providing them with the equipment,support, and training necessary to allow them to malce a meaningful contributionto the District and the community.

REFERENCESU.S. Department of Labor (DOL) Fair Labor Standards Act (FLSA), C.F.R., Title 29,Chapters, Subpart B, Section 553.100 through 106.Internal Revenue Service Publications 15 and 15B

DEFINITIONSVolunteer Firefighter - An individual motivated to contribute services for civic,charitable or humanitarian reasons. An individual who performs services for the Districtqualifies as a Volunteer if:

• The individuafs services are offered freely and without pressure or coercion,direct or implied, from the District.

• The individual receives no compensation or is paid expenses, reasonable benefits,or a nominal fee to perform the services for which the individual volunteered; andsuch services are not the same type of services which the individual is employedto perform for the District.

Full-time Firefighter - A fully paid career firefighter with the District.

District— Bodega Bay Fire Protection District

FLSA - Fair Labor Standards Act

CFR - Code of Federal Regulations

Duty Officer - The most senior full-time officer on duty at the time, Fire Chief, AssistantChief or Captain.

GUIDELINES1. Volunteer Firefighters are not considered nor intended to be employees of the

District, but rather individuals donating their time for public service and humanitarianobjectives without contemplation of pay and are therefore subject to different policiesand procedures from those applicable to regular full-time employees.o Volunteers may not obtain regular employee status or benefits solely by reason of

being a Volunteer with the District.



o Volunteers do not have an exclusive right to full-time positions with the Districtand being or having been a Volunteer is not a prerequisite to employment with theDistrict.

o The District will add five (5) percentage points to the final score of acurrent Volunteer in good standing who successfully passes all phases ofthe testing process for a full-time position.

2. C.F.R., Title 29 Chapter 5, Subpart B, Section 553.106, Payment of expenses,benefits or fees states: Volunteer Firefighters may be paid expenses, reasonablebenefits, a nominal fee, or any combination thereof, for their service without losingtheir status as volunteers. Volunteer Firefighters with the District may:

o Receive payment for expenses without being deemed an employee forpurposes of the FLSA.

o Be reimbursed for the approximate out-of-pocket expenses incurredincidental to providing volunteer services, for example, payment for thecost of meals and transportation expenses.

o Receive reimbursement for tuition, transportation and meal costs involvedin their attending classes intended to teach them to perform efficiently theservices they provide or will provide as volunteers. Be provided books,supplies, or other materials essential to their volunteer training orreimbursement for the cost thereof.

o Receive reasonable benefits, for example, when they involve inclusion ofindividual volunteers in group insurance plans (such as liability, health,life, disability, workers’ compensation).

o Receive a nominal fee from the District. A nominal fee is not a substitutefor compensation and must not be tied to productivity. However, this doesnot preclude the payment of a nominal amount on a “per call” or similarbasis to volunteer firefighters.

PROCEDURES1. SI4ftsVolunteers are not required to work shifts and are not penalized for not doing so;however, the District places a high value in the added service that its Volunteer members,who work shifts, provide to the community. District Volunteers may receive a nominalfee for working specific time increments or shifts.

The District’s established nominal fee for Volunteers who work shifts will not exceed20% of the average rate of pay, for the same time increment or shift, of the Districts fulltime members who work a shift schedule.

Volunteers may assist the District in meeting its staffing needs, as established by the FireChief or Duty Officer by working regular fill in Shifts (24-48 hours).



Volunteers filling Regular Shifts, to meet minimum staffing needs, may receive $65.00for each 24 hour shift woriced. See volunteer compensation section for more specificdetails.

District Volunteers may receive a reimbursement for approximate out-of-pocket expensesincurred incidental to providing volunteer services including the cost of meals,transportation and uniform maintenance.

The District will calculate approximate out-of-pocket expenses based on the context ofthe economic realities of the particular situation.

2. Training SessionsThe District is required by law to provide all Volunteers with a minimum number oftraining hours per year as well as certification and recertification in specific operationaland administrative areas.

The District will typically provide three (3) training sessions per month of no more thanthree hours each. Weekend training events may also be required.

Volunteers may make up training hours or mandatory drills during the week or onweekends with the approval of the Duty Officer.

District Volunteers may receive a nominal fee for attending and participating in theDistrict’s monthly training sessions. Volunteers attending and participating in theDistricts monthly training sessions may receive a fee of $20.00 per drill session.

3. Emergency ResponseVolunteers are not required to respond to any particular emergency; however, the Districtputs a high value on its Volunteer response, especially for those incidents that requireadditional personnel such as vehicle accidents, structure fires and wildland fires.The District also relies on its Volunteers to cover the station when its first out engine iscommitted to other incidents therefore responding for station coverage for any incident isan important service to the community and the District.District Volunteers may receive a nominal fee for responding to emergencies or coveringthe Districts station during emergencies.The District’s established nominal fee for Volunteers responding to emergencies orcovering the District’s station. Volunteers responding to emergencies or covering theDistrict’s station may receive a fee of $10.00 per emergency incident regardless ofduration.

Training Sessions and Emergency Response fees will be paid by December ~ annually.



4. All Volunteer fees and anticipated out-of-pocket expense reimbursements will bereported to the Internal Revenue Service (IRS) on Form W-2 in accordance with IRSregulations.

5. BenefitsVolunteer members may receive reasonable benefits provided by the Bodega Bay FireProtection District.

6. Workers CompensationThe District will provide Workers Compensation Insurance, in accordance with allapplicable state and federal laws, for all of its Volunteer members.

7. Cal PERS RetirementThe District is a member of the California Public Employees Retirement System(Ca1PERS).

Th accordance with Ca1PERS regulations earnings less than the Californiaminimum wage are not ‘compensated employment’ and therefore should not be countedtoward the 1000 hour qualification, or, in the case of someone who is already a member,reported to CaIPERS through payroll reporting; therefore, Volunteer members of theBodega Bay Fire Protection District are not entitled to receive retirement benefits fromCaIPERS.

8. Uniforms and EquipmentThe District considers all uniforms to be part of the Volunteer’s personnel protectiveclothing (PPE) and the property of the District. Volunteers will be issued uniforms on anas needed basis at no cost to the Volunteer. The Distr ct requires its Volunteer membersto wear the appropriate uniform when filling shifts or at other times as required by theDuty Officer.

9. Training ReimbursementVolunteer members do not receive a fee for taking training classes outside of the District;however, the District does believe in furthering the education of its Volunteer members.

The District may reimburse its Volunteer members up to $150.00 per year for tuition,transportation and meal costs involved in their attending classes intended to teach them toperform efficiently the services they provide or will provide as Volunteers.

o Pror approval of the District Training Officer or Fire Chief is required.o Proof of completion and receipts will be required for reimbursement.

Additional reimbursements may be approved by the Fire Chief.o Reimbursement for tuition, transportation and meal costs for attending classes

will be paid under an IRS Accountable Plan and therefore not reported as earningstotheRS.


MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

Cc:

Attached you will find:

Board of Directors

Sean Grinnell, Fire Chief

June 5, 2011

Prop 4-Resolution 10/11-19

File

• A letter from Bill Arnone explaining why he believes the Prop 4 election is our best option.• Resolution 10/11-19 requesting consolidation with any election being held, calling for an

election, and other items related to the prop-4 election.• Ordinance 2011/12-1 which is the specific language to be used for the election.

This Resolution will need to have the first reading waived (the intent was announced last month)and it must be voted on in order to meet the deadlines for the Registrar of Voters.

VIA ELECTROMC MAIL AN)) REGULAR MAIL

Sean Grinnell, Fire ChiefBodega Bay Fire Protection District510 Highway OneP.O. Box 6Bodega Bay, CA 94923

Re: Prop 4 Override

Dear Chief Grinnell;

At your request, we reviewed the question of whether it is necessary to seekapproval from the District’s voters for another four (4) year increase in the District’sappropriations limit. As you know, Ordinance No. 2007/08-01 was the last Prop 4override, and its four year term expires in November of this year. Since adoption of thatOrdinance, alternative approaches to addressing the appropriations limit have beendiscussed. After reviewing applicable statutory and case law, we concluded that none ofthe alternatives under discussion excuse the Bodega Bay Fire Protection District from theobligation to seek voter approval for another four year increase in the appropriationslimit. The background and basis for our opinion are set forth below.

On June 6, 1978, the California voters approved Proposition 13, adding ArticleXIlI(A) to the California Constitution, which limits ad valorem taxes on real property toone percent (1%) of the “full cash value” of the property. Continuing in the “spirit ofProposition 13,” at a special state-wide election held on November 6, 1979, the votersapproved Proposition 4, adding Article XIII(B) to the Constitution, to provideconstitutional limitations on government spending by restricting the amount that the stateor local governments can permissibly appropriate for expenditures. By its terms, “thetotal annual appropriations subject to a limitation of the state and of each localgovernment, for any particular year must be limited to ‘[their respective] appropriationslimit. . . for the prior year adjusted for changes in the cost of living and population...California Constitution Articles XllI(B) section 1. The phrase “appropriations subject tolimitations” is defined as: “[Amy authorization to expend during a fiscal year theproceeds of taxes levied by or for that entity and the proceeds of state subventions to thatentity.. .“ California Constitution Article XlII(B) section 8, subdivision (b). Finally,California Constitution Article XIJI(B) section 4 establishes that, “the appropriation’slimit. . . maybe. . . changed by the electors... The duration of any such change shall beas determined by said electors, but shall in no event exceed four years from the mostrecent vote of said electors creating or continuing such change.”

LAW OFFICES

3554 ROUND BARN BLVD., STE. 303SANTA ROSA. CA 95403(07) 528~2882 FAX (707) 525-6015

ii nil: S [email protected] \Vchsi En: rnajlaw. corn

rMERRJLLr ~kRNONE &JONES, LLPA May25, 2011

Sean Grinnell, Fire ChiefMay 25, 2011Page 2 of 3

We reviewed two arguments advanced for the proposition that a Prop 4 overrideis not required for districts that have added the proceeds of a special tax to the ad valorumtax received from the county. Those arguments are, first, that the ad valoruin tax shouldnot be included in calculating the total appropriations subject to the Prop 4 limit, andsecond, that voter approval of a special tax implies approval of an increase in theappropriations limit.

Regarding the first argument, we did find support in the case law for this position.Specifically, the case of Bell v. Woosley (1985) 169 Cal. App 3”’ 24 addressed thequestion of what constitutes the “levy of taxes by or for an entity.” The court held that“the salient characteristics of one entity levying taxes “for” another entity are: (1) theentity for whom the taxes are levying has the taxing power; (2) the levying officers of thecounty exercise the taxing power of that entity for whom they are levying; (3) theyexercise such power as ex-officio officers of that entity; and (4) taxes collected are thoseof the “levied for” entity. In applying those definitions to the tax increment received by aredevelopment agency, the court determined that the tax increment allocated by thecounty to the agency did not constitute taxes levied for the redevelopment agencybecause the redevelopment agency did not have the power to levy an ad valorum propertytax. The same thing is true in the case of fire districts. Fire districts do not have thepower to levy an ad valorum tax. Fire Districts are only given the power to levy thespecial taxes and assessments described in the Health and Safety Code. Accordingly,when the county allocates a portion of the property tax to a tire district, it is allocatingtaxes that were levied by the county pursuant to its own power to levy taxes on realproperty. It was not an exercise of a power held by the fire district.

While the logic of the Bell case is helpThl hi reducing the amount of money that iscounted towards reaching the District’s appropriation limit, this does not resolve thesituation in the Bodega Bay Fire Protection District because the appropriations limitestablished when the District was formed is far below the amount received by the Districtpursuant to its own special tax. Accordingly, even if all the ad valorum taxes areeliminated from the equation, the District is still over its appropriations limit based solelyon proceeds of the special tax.

The second argument, regarding an implicit authority to increase theappropriations limit, seems logical, but lacks support in any statutory or case law. Sinceneither the statutes concerning the imposition of a special tax, nor the statutes concerningimplementation of appropriation limits even suggest an implied increase in theappropriations limit, we believe that it is a completely untested theory which should onlybe resorted to if there is no other alternative. The more conservative approach is simplyto renew the override for another four years.

Sean Grinnell, Fire ChiefMay25,2011Page3of3

Based on the foregoing, I prepared and attached the resolution and ordinance thatwould be required to present the issue to the voters in the upcoming November elections.Please let me know if you have any questions regarding the foregoing.

Very truly yours,

MERRILL, ARNONE & JONES, LLP

~M A~~

______

William J. Arnone, Jr.

WJA/cprEnclosure

RESOLUTIONNO. 10/11-19JUNE 14, 2011

RESOLUTION OF THE BOARD OF DIRECTORS OF THE BODEGA BAYFIRE PROTECTION DISTRICT CALLING A SPECIAL ELECTION FORTUESDAY, NOVEMBER 8, 2011, ON AN ORDINANCE INCREASING THEDISTRICT’S APPROPRIATIONS LIMIT FOR THE MAXIMUM PERIOD ALLOWEDBY LAW (FOUR YEARS) TO ALLOW THE USE OF ALL PROCEEDS OF THEDISTRICT’S SPECIAL TAX, AND REQUESTING THAT THE ELECTION BECONSOLIDATED WITH ANY OTHER ELECTION HELD ON THE SAME DATE INTERRITORY THAT IS THE SAME OR IS IN PART THE SAME

RESOLVED, by the Board of Directors (“the Board”) of the Bodega Bay Fire ProtectionDistrict (“the District”), that:

WHEREAS, on November 4, 2003, voters in the District approved Ordinance Number2004/05-1 establishing a special tax (“Special Tax”) and increasing in the District’sappropriations limit to allow for the use of all funds raised by the Special Tax; and

WHEREAS, on November 6, 2007, voters in the District approved Ordinance No.2007/08-1 increasing the District’s appropriations limit for another four (4) years; and

WHEREAS, Article XIII B, section 4 of the California Constitution limits to four (4)years the maximum duration of an increase in the appropriations limit; and

WHEREAS, the approved four (4) year increase in the appropriations limit will soonexpire, and the original appropriations limit is insufficient to allow use of all proceeds of theSpecial Tax; and

WHEREAS, the Board desires to propose an ordinance increasing the District’sappropriations limit for the maximum period allowed by law (four years) to allow use of allproceeds of the Special Tax, and

WHEREAS, state law requires that such an ordinance be submitted to the voters of theDistrict for their approval, and authorizes the Board to call a special election for that purpose,and to request consolidation of the election with any other election held on the same date interritory that is the same or is in part the same;

NOW, THEREFORE, the Board hereby resolves and orders as follows:

1. The Board determines that an ordinance increasing the District’s appropriationslimit for the maximum period permitted by law (four years), allowing for the use of all proceedsof the Special Tax, shall be presented to the voters of the District. The Board further determines

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that the form of the ordinance, which is hereby designated Ordinance No. 2011/12-1, shall be asset forth in Appendix “A,” attached hereto and incorporated herein by this reference. Pursuant tostate law, Ordinance No. 2011/12-1 shall not go into effect unless it is approved by a simplemajority of the votes cast by voters of the District voting upon the question of its approval.

2. The Board hereby calls a special election for Tuesday, November 8, 2011, anddirects that the foregoing proposition shall be submitted to voters of the District at the election inthe following manner:

(a) There shall be included on the ballot to be marked by the voters of theDistrict, in addition to any other matters required by law, ballot language in the following form:

“Shall the Bodega Bay Fire Protection District adoptOrdinance No. 2011/12-1 retaining its increased limits onappropriations to assure continued fire, rescue andemergency medical services?

(b) The ballot to be used at the election shall be both as to form and mattercontained therein such as may be required by law. On the ballot, in addition to any other printedmatter required by law, opposite the measure to be voted upon and to its right, the words “yes”and “no” shall be printed on separate lines with voting squares.

(c) The Sonoma County Registrar of Voters is hereby authorized, instructed,and directed to provide and furnish any and all official ballots, notices, printed matter, and allsupplies, equipment, and paraphernalia that may be necessary to properly and lawfully conductthe election.

(d) All notices required by law shall be given by the Sonoma CountyRegistrar of Voters.

(e) Arguments for and against the measure may be, and other analysesprovided for by law shall be, submitted in accordance with law.

(0 It is hereby requested that the election be consolidated with any otherelection held on the same date in territory that is the same or in part the same.

(g) The canvass of ballots cast at the election shall be conducted inaccordance with law.

3. The Clerk of the Board is directed to forward a certified copy of this resolution tothe Sonoma County Board of Supervisors and to the Sonoma County Registrar of Voters.

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from: sean grinnell, fire chief board of directors date: 6-7-11 … board packages/june14 … · o...

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