Shell Game Produces 400,000 Dollars For Battalion Chief Under the Guise of Cost-Savings

davis_firedepartmentFire Chief To Retire, Council Narrowly Votes for Battalion Chief Model in Process That Councilmembers Greenwald and Heystek Call “Deceptive” –

At last night’s city council meeting the discussion on reorganization of the fire department began with an announcement by City Manager Bill Emlen that this matter has taken on a new urgency as three top positions in the fire department, including the Fire Chief have gone vacant due to retirements.  For much of the rest of the night, City Manager Bill Emlen pushed the issue of the Battalion Chief Model forward arguing that it is a necessary change from a management standpoint that will enable more effective deployment than the current model allows.  He wrapped the conversation within the guise of cost-savings that would be exposed by the end of the evening as nothing more than a shell game.

However, that did not stop the council majority, a trio that has received tens of thousands in contributions from the fire fighters, at least twenty of whom were sitting in the audience to make their numbers and presence felt by the council, from voting by a narrow 3-2 margin to proceed looking into the reorganization.

During the budget discussions, as this article discusses shortly, it became clear there is no savings at all with this plan.  The positions that are proposed to be cut, have either been cut already or as we found out last night, are planned to be cut regardless.  Rather than saving the city $200,000, this will actually cost the city $400,000.  It is one of the most deceptive discussions I have seen at the city council level and the fact that three councilmembers bought into it, is an absolute travesty.

As Councilmember Heystek suggested in his closing remarks, this is less a reorganization than the adding of another layer of management to the department.

“We’re instituting another layer of management in the department, this is a misnomer, but it does nothing to talk about the core issues of crew size, 3 person vs. 4 person crews, does nothing to address the issue of response time, actually increases overtime, and it does not allow for a full exploration of a closer and more synergistic relationship with UC Davis.  I believe that when we institute this new layer of management without allowing a full investigation of the issues I have just outlined, we are not really engaging in a reorganization of the department.  I think again it amounts to a creation of a new layer of management.”

However, a lot of our questions that we posed prior to this meeting were addressed and in fact it would appear that things are actually worse than was believed previously.

Open Hiring Process Versus Promotion Opportunities

One of the big issues that came from both the Grand Jury report and Citygate was the idea that the department would benefit from fresh blood so to speak.  It is difficult to sort out the intent of the city.  They will have an open process for hiring the new positions.  That is to some extent a formality.  One source has told me that the city is absolutely going to use this as a promotion opportunity while the finance director has consistently indicated that it is the intent of the City Manager to hire from outside of the department.  This is far from a small issue as it will go to the heart of who becomes the next fire chief.

Mayor Pro Tem Don Saylor’s question/ comment  exchange with Bill Emlen may have tipped the hand of where the city is coming from:

Saylor: “Since these Battalion Chiefs are going to be supervising citywide operations as well as areas outside the city that we cover, don’t you think that the key knowledge of those areas is a significant qualification?”

Emlen: “Absolutely.”

Saylor: “Could we achieve the savings that you have identified if we don’t hire people who currently work for the city?”

Emlen: “There are two ways that could happen.  One way is that you take a longer term approach and you phase this in through attrition—I think the Citygate reps talked about that as an option.  The other way which is obviously less desirable is that if in fact, you don’t fill those position from within, then you have to look at reducing the number of firefighters.”

Saylor: “So have you made a decision as to whether you will go to an open recruitment or an in-house recruitment?”

Emlen: “As indicated in the report, our intent is to do an open recruitment.  Our hunch is that our folks will compete quite well in that process.  There’s no guarantees.”

As Councilmember Heystek remarked during his final comments:

“I hear that it’s going to be an open recruitment process then I hear that we anticipate that these are going to be promotion opportunities.  What it sounds like to me is a case of musical chairs.”

Cost Savings Versus Added Management Positions

The issue of cost-savings was blown out of the water.  Both Councilmembers Heystek and Greenwald noted that if the true goal of the city was cost savings, they could achieve a fuller savings without the Battalion Chief Model.

As Councilmember Sue Greenwald remarked:

“The use of the words during this presentation of cost-savings is deceptive, we have high and unsustainable costs written into our budget forecasts, when we decrease by a smidgen these high and unsustainable forecasts because of the cost of cutting back what Citygate calls a couple of redundant positions, and then substituting the higher paid positions, we’re calling this a savings.  Actually we need a significant cost savings, we’re not going to achieve this through increasing the rank and pay of four members of the force.”

She continued:

“When we ratchet back these unsustainable costs a little bit, I don’t call it a savings—I call it a smidgen less of a disaster.  I call it a euphemism for unsustainable expenditures.”

What is truly remarkable is the disconnect between this discussion and the later discussion by the Finance Director Paul Navazio where he acknowledged for the first time publicly that the city would like come up around $350,000 short in their projected savings from the employee bargaining discussions.  They drew up a list of $700,000 in cuts to programs because if cuts are needed, they will be midyear cuts and would only recognize half the savings that they would have had they occurred at the beginning of the year.  That is not stopping the city from apparently trying to implement the costly Battalion Chief Model under the guise of cost-savings.

But Councilmember Greenwald (as well as Mr. Heystek) saw through this canard:

“If we don’t need these back up firefighters, then we should eliminate them through attrition without raising the rank and pay for other firefighters on the force because we’re in extremely serious budget situation long term and we cannot afford to do this.”

She continued:

“I really think it is to the benefit of every public sector employee to help us maintain sustainable public sectors.  I’m going to be frank about this, at the direction we’re heading, we’re likely to see widespread local bankruptcies.  Under the bankruptcy scenario, all of the pension and benefits that the public sector employees have bargained so hard to achieve will be in jeopardy.  Public health and pension benefits can be stripped during bankruptcy.”

Councilmember Heystek pressed this point as well:

“We’re creating over $700,000 in new positions—never mind the other positions that manage when those positions are vacated—when the whole city is facing a hiring freeze and we may be looking at layoffs.”

He continued:

“I find it hard to talk about adding staff when we are asking voters to potentially re-up our sales tax measure, when we’re asking for other employees and the city as a whole to make sacrifices, I don’t know that it makes sense in this budgetary climate.”

Deceptive Accounting Practices

In Tuesday’s article, we pointed out that the city was in essence double-counting the deletion of the Fire Division Chief for Prevention–a position cut back in June–by suggesting that it will off-set the cost of a future hire for the Assistant Fire Chief.

Councilmember Heystek called this disingenuous to call this a cost-savings plan.

“I think it is disingenuous to talk about a position that we deleted to balance our budget, not necessarily to facilitate the reorganization of the fire department.  If you take that position off the table, the elimination of the fire prevention division chief, and you talk about the cost of part-time temporary or however long that is, we actually see that with the creation of new management is going to cost us more not less.”

In fact, it is far worse than that.  The cost-savings is derived not from the switch to the Battalion Chief model–but rather the elimination of one of the reserve shift positions, reducing the amount of reserve firefighters on a given shift from three to two.  Theoretically, any need for personnel would be covered with roughly $100,000 in overtime, but it would produce a cost-savings.  At one point, even Bill Emlen questioned whether that would actually bring about savings.

But it gets worse because it turns out that one of the cost-savings contingencies is the elimination of two firefighter positions.  In other words, the city is already planning to remove the positions due to budget problems this year that they are claiming will make the Battalion Chief Model cost effective.  We find out about this not during the discussion on the Fire Department staffing but rather during the budget discussion.

This point was not lost on Councilmember Heystek who pressed the point.

Paul Navazio responded to the Councilmember:

“In reality, and this is a little bit of semantics, but any firefighter positions that would be reduced through the implementation of the new management structure, reorganization, would effectively move it from this category down to the citywide costs and efficiencies.  So, I guess we’re less concerned in terms what column we put it in, but we’re primarily concerned that we’re not double-counting savings in one area and putting them in another.”

But Mr. Navazio is missing the point here–or more likely avoiding it.  You cannot claim you are saving money when you are planning to cut the positions anyway regardless of whether or not the Battalion Chief model is being implemented.  This exposes the fact that the city is not undergoing any savings, and in fact Sue Greenwald is right, when you add in the cost of the new Assistant Chief and subtract the savings from the firefighter positions they are eliminating regardless, this plan costs the city $400,000.

Lamar Heystek responded to Mr. Navazio:

“If we’re going to say that we have just done saves us $200,000 and then we try to make that savings for general fund contingency, I think that amounts to double-counting.”

Bill Emlen also missed or avoided the point when he said, that if in fact we move forward with the reorganization of the fire department, we will change this list, if in fact that was approved.  Paul Navazio added that this might occur in other departments as well, that the savings in other restructurings might be pulled from this list as well.

The point is that the list and how it is accounted for is not the primary concern, it is creating the illusion that we are saving money by implementing this program when we have already eliminated the fire prevention chief and we are apparently now planning to eliminate two firefighter positions.

The Vanguard received an anonymous tip on Monday evening that foreshadowed the announcement that Chief Rose Conroy will retire.  Both Citygate and the Grand Jury made it clear that the department would benefit from hiring the next chief from outside of the department.  It appears now that the City Manager, Bill Emlen, has cut a deal with the fire chief that will ensure that the next chief as well as the Battalion Chiefs come from inside of the department and it will enable the Fire Chief, the Operations Chief, and the Business Manager, all of whom are retiring, to continue to run the department after their retirements and insure that this transition will be more of the same. same.

We will have more on this in the next week or so.  However, the big news from last night is that somehow the fire department has managed to get an additional $400,000 during a time when the city is trimming its budget to its bone for a Battalion Model that it has been seeking for years.  That is simply a remarkable situation.

—David M. Greenwald reporting

About The Author

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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13 Comments

  1. Matthew Allen

    How funny, for months we heard about how horrible the city process was when it came to a small residential development. The city has basically lied to the people of Davis calling a $400,000 net expenditure COST SAVINGS!. They lied to us. And they did it because they were paid off not by developers but by the Davis Firefighters union. And amazingly the same people who were up in arms about Wildhorse Ranch, sans Sue Greenwald, have fallen silent.

  2. Matthew Allen

    Forgot it was a holiday! When said “sans Sue” I meant that she was the only one of the vociferous NOP crowd to stand up against this. She should be applauded along with Lamar.

  3. Rich Rifkin

    I had been told over the weekend by what I thought were reliable sources that the city council had reached an agreement with most of its bargaining units on new contracts which met the council’s adopted “guiding principles.” However, turns out something changed in closed session or my sources (I had more than one) were wrong.

    When I left the council meeting last night and watched on TV the discussion on the “let’s blow even more money on overpaid fire department management” discussion, I realized that our council is incorrigible. I lost all confidence in the hope that they would get the job done in the right way with our contracts. I was very, very disappointed.

    And in terms of what Bill Emlen said about how this b*llshit “reorganization” was going to really save us money down the road, I am completely perplexed. No one with an IQ over 50 believes that. It’s just more evidence that our city’s leadership has no spine, no ability to stand up to the real power in our governance, the increasingly large top-paid city “managers” and department heads and sub-heads who do the bidding for the next highest paid folks who hope to get some of that lucre when those jobs open up.

  4. Rich Rifkin

    One more thing on this … Maybe 6-9 months ago, I asked our “negotiating team” in a private meeting at city hall about the necessity of having a “fire business manager.” In 2008 that position cost the taxpayers $111,684 in base salary, $25,094 in pension contribution, about $16,000 in cafeteria benefits*, and approximately another $20,000 in miscellaneous employer costs. I noticed that no other department needed this kind of an employee. But I was told — perhaps lied to — that the position was crucial. Now it turns out Mary Wilhoff, the FBM, is retiring, and they won’t be replacing her. Instead, they will give those duties to an assistant fire chief. It makes me wonder why we ever had an FBM in the first place?

    *Many employees take this money in cash. The city council hopes to save “hundreds of thousands of dollars” next year by no longer allowing employees to cash out their health benefits. I suspect they are overly optimistic about how much that will really save.

  5. SODA

    I watched last night and the retirement was perplexing. Not announced only kind of an inuendo. Why? Then it became clear it was a way to manipulate the larger agenda. It also appears destined to be internal promotions, any way to make that more transparent? BillEmlen appeared increasingly uncomfortable as the night went on as he should. I strongly urge no decision til UCD talks happen tho that appears to be a destined nonsuccess as expectations were definitely lowered by Bill E, don’t expect much.
    David will you have blog on labor negotiations discussion from last night. That also sounded like a set up discussion for less than ideal success. I hope Lamar keeps pushing on that as he stated he would.

  6. 2cowherd

    David –

    What can the general public do to prevent this kind of bogus budget savings from taking place? What is our recourse? Is a CC decision subject only to a referendum?

    And how do we prevent the next CC candidates/potential members off the CC from being bought by the Fire Department

  7. jamesmcmahon

    mr. greenwald,

    i have read before how you chastise the local fire department union for contributing to individuals running for city council and current council members. isnt this practice actually quite common ? also didnt your wife seek the support of the local fire department union when she ran, unsucessfully, for city council 2 years ago… so i find you to be somewhat of a hypocrite…

    james

  8. David M. Greenwald

    “isnt this practice actually quite common ?”

    No it’s not. They are the only bargaining unit in the city of Davis to regularly contribute significant amounts of money for the purposes of political influence. The only other bargaining unit that even donates money is the police and the amount is dwarfed by fire contributions.

    I also looked around the state, and the bundling process that the firefighters union does appears to be quite unique.

    My wife and I don’t necessarily agree on these issues. I suggest you ask her for her views. I will say that I was unaware of the extent of this problem at that point in and I would hope that in future elections, she would not seek the firefighters union endorsement, but that is not my decision.

  9. jamesmcmahon

    thankyou for your response. i should clarify ” isnt this practice quite common ” that i was referring to contemporary politics not just the city of davis. i find it curious that you are so quick to judge the firefighters union and portray them negatively when just two years ago your wife was seek
    ing an endorsement from that very group ! would you be writing differently had she both received their endorsement and been victorious ? i am highly skeptical when you write ” i was unaware of the extent of this problem at that point “. am i really to beleive such a transparent response. your credibility slips a bit with that answer sir. personally i am glad that my property tax which i pay is helping give our fine city the police and fire protection that is so important in daily life. have you ever thought that the batallion chief model presented last tuesday at city council makes the city itself a much safer place for the residents as well as the firefighters ? i am in favor of a safer city for my family and friends. dont you want your property taxes to go towards making the city a safer community ? im sorry im assuming you pay property tax in davis… do you mr. greenwald ?

  10. David M. Greenwald

    You can clarify all you want, the fact of the matter is that because everyone else is doing it, is not a justification for improper actions. To make matters worse, not everyone is doing it, particularly in Davis and that has given the Firefighters a disproportionate advantage. The remedy is obviously going to be everyone doing it in Davis, I don’t think that makes for a better place.

    As for my wife, again, I don’t speak for her. I will say that she had walked the lines with Bobby and boys, particularly back in 2005 when the Governor was going at them. She probably thought Bobby was like her–a supporter of labor and therefore felt a kind of kinship. Unfortunately, I suspect he wasn’t what she thought he was and I am grateful that they did not endorse her.

    Moreover, I will never forget the night that Bobby told her that they had decided to endorse Vergis instead. He had to get drunk off his arse and make up a bunch of corny excuses such as that he wanted to endorse her, but the crew felt more comfortable with Vergis (who had never been involved in labor in her life). I lost all respect for Bobby on that day.

    As for the rest, we’ve had a good fire force without the Batallion Chief, I’d rather not have to cut other services to fund more for the fire department and I suspect they could do just as good a job making $50,000 to $80,000 as they can $150,000 to $200,000.

  11. RanchoYolo

    According to the City Gate proposal, the number one recommendation for a joint operation with the UC Davis Fire Department. Will the City inter into a contract for services with the University? If this is the case, will this help reduce what the city will need to fund the Battalion Chief position? In addition, the model will still call for at a minimum a Fire Chief and an Assistant Chief in charge of daily emergency operations and training. Will this cost the taxpayers more? Will this provide better emergency service to the communities?

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