HomeMy WebLinkAboutItem 09 - Amendment to the Fire Mutual Aid Reimbursement Resolution
Department Name: Fire
Cost Center: 8501
For Agenda of: April 6, 2021
Placement: Consent
Estimated Time: N/A
FROM: Keith Aggson, Fire Chief
Prepared By: James Blattler, Senior Administrative Analyst
SUBJECT: FIRE MUTUAL AID REIMBURSEMENT RESOLUTION AMENDMENT
RECOMMENDATION
Adopt a Resolution to expand the City’s ability to seek full reimbursement for eligible mutual
aid responses to fires and other disasters by clarifying that overtime compensation will be made
for Management Group Employees and repeal the previous Resolution No. 10903 (2018 Series).
DISCUSSION
The San Luis Obispo City Fire Department participates in mutual aid responses when requested.
Typically, these requests come through a State of California Coordination Center. When
responding with personnel, the City of San Luis Obispo incurs equipment, staffing and travel
related expenses. With few exceptions, responses to disasters outside the City’s jurisdiction are
eligible for reimbursement through the State or Federal government. This report recommends the
adoption of an amended resolution (Attachment A) that will allow the City to expand
reimbursement for all eligible expenses, including overtime compensation for all Fire
Department staff. This change supports the City’s Major City Goal of Economic Stability by
increasing potential reimbursement revenue to the General Fund.
The Fire Department participates in the California Fire Assistance Agreement (CFAA)
(Attachment B), which is managed by the California Governor’s Office of Emergency Services
(CalOES) and is a collective agreement that sets reimbursement guidelines for mutual aid
response to participating local, state, and federal government agency incidents. The CFAA is
renewed every five (5) years and the current agreement is set to expire on December 31, 2024.
To receive reimbursement for expenses incurred as part of the Fire Department’s response to
mutual aid incidents, each agency must abide by the requirements set forth in the CFAA. To
receive reimbursement for Fire Chief and Deputy Fire Chief overtime compensation, the CFAA
requires agencies to have a current Governing Body Resolution or Memorandum of Agreement
explicitly stating that Chief Officers of the department will be paid overtime when responding to
such incidents without adjoining contingent language.
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Currently, Resolution No. 10903 (Attachment C) states:
“the City will compensate its employees overtime in accordance with personnel rules and
regulations, their current Memorandum of Agreement, and other applicable state and
federal laws, while in the course of their employment and away from their official duty
station or assignment and assigned to an emergency incident, in support of an emergency
incident, or pre-positioned for emergency response”.
Correspondingly, the current Management Resolution (Attachment D) in which the Fire Chief
and Deputy Fire Chief are under states:
“When specifically authorized by the department head due to extraordinary
circumstances, a management employee may receive overtime payment of time and one-
half for hours worked above and beyond what would be considered normal work
requirements during an emergency event lasting at least eight (8) hours”.
Staff submitted the current Management Resolution to CalOES for overtime reimbursement
approval; however, the City was notified that the language “when specifically authorized by the
department head” was deemed contingent under the CFAA and insufficient for overtime
reimbursement.
The intent of this amendment is to clarify that management personnel will be paid overtime
when working above normal hours while assigned to a mutual aid incident, thus allowing for
increased reimbursement from the various agencies. To avoid a financial burden on the City, the
Fire Chief and Deputy Chief have foregone permissible overtime compensation due to the
inability to recoup the expense through the CFAA. Other management personnel in the
department have been compensated and reimbursed for their mutual aid related overtime,
however the agreement is not clear whether or not a governing body resolution is also needed for
these employees. Including all management personnel in the updated resolution will help ensure
potential reimbursement issues are avoided moving forward despite the lack of clarity in the
CFAA. In addition to the updated overtime language, two Fire Department positions were
recently reclassified, and staff is updating the resolution’s list of department employees for
accuracy, ensuring those positions remain eligible for reimbursement.
For every dollar that the department expends towards mutual aid response, reimbursing agencies
pay an additional administrative fee to help cover the costs associated with managing the
program. These fees are updated annually by Fire Department staff and for fiscal year 2021 the
rate is set at 27.826%. The City does not budget any cost recovery in its financial plan due to the
unpredictable nature of the fire season, mutual aid activation, or duration or personnel needed.
As part of the City’s Fiscal Health Response Plan, the Fire Department has been maximizing
deployment of personnel to assist in the operations and management of mutual aid incidents,
which helps increase the total revenue that is generated by collecting the administrative fees.
While the response of additional personnel alone will help increase mutual aid revenue,
expanding the eligible reimbursable compensation will result in additional revenue.
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An example can be illustrated during the 2020 fire season, during which the Fire Department’s
Deputy Fire Chief and Fire Chief responded to five mutual aid assignments. For each incident,
the employee was compensated straight time for the duration of their assignment. Were the
employees compensated overtime, the management employee would be paid at time and half,
and the City would have increased the net general fund revenue by an estimated $15,000 for
administrative fees after all department expenses were covered.
Previous Council or Advisory Body Action
On June 5, 2018 City Council approved the most recent amendment to the Mutual Aid
compensation resolution, which increased eligible mutual aid related reimbursement by adding
“portal to portal” compensation to non-sworn fire department employees.
Public Engagement
This item is on the agenda for the April 6, 2021 City Council meeting and will follow all
required postings and notifications. The public will have the opportunity to provide comment on
this item at or before the meeting.
CONCURRENCE
The Human Resources Department concurs with the report and proposed amendments to the
current resolution.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: Ongoing
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $N/A
State
Federal
Fees
Other:
Total $
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If adopted, the amended resolution would result in additional compensation reimbursement and
administrative fee revenue to the City for its role in processing non-local, reimbursement-eligible
disaster responses. If the recommended resolution were in place for fiscal year 2021 the total
mutual aid revenue would have increased by an estimated additional $15,000 for administrative
fees. Staff will continue to monitor the reimbursement revenue and update the budget projections
accordingly.
ALTERNATIVE
The Council could choose to continue the practice of only compensating Chief Officers
straight time. This is not recommended as the status quo would continue to leave eligible
reimbursement on the table and would be counter to the City’s Major City Goal of Economic
Stability.
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - California Fire Assistance Agreement 5.1.20 - 12.31.24
c - Resolution No. 10903 (2018 Series)
d - 2018-2021 Unrepresented Management Employees Management Resolution
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IDENTIFYING THE TERMS AND CONDITIONS
FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL
DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT
WHEREAS, the City of San Luis Obispo (“City”) is a public agency located in the County
of San Luis Obispo, State of California, and
WHEREAS, it is the City’s desire to provide fair and legal payment to all its employees
for the time worked; and
WHEREAS, the City and its Fire Department participates in mutual aid responses to
emergencies outside the City and County; and
WHEREAS, the City will compensate its employees overtime in accordance with
personnel rules and regulations, their current Memorandum of Agreement, and other applicable
state and federal laws, while in the course of their employment and away from their official duty
station or assignment and assigned to an emergency incident, in support of an emergency incident,
or pre-positioned for emergency response; and
WHEREAS, the City of San Luis Obispo will seek reimbursement for qualifying mutual
aid responses such that all City Costs, including but not limited to personnel, apparatus, equipment,
and administrative costs, such that responses to reimbursement-qualifying mutual aid responses
do not have a net negative impact on the City’s financial position.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The San Luis Obispo Fire Department will maintain a current salary survey
or acknowledgement of acceptance of the “Base Rate” on file with the California Governor’s
Office of Emergency Services, Fire Rescue Division.
SECTION 2. City Fire Department response personnel will be compensated (portal to
portal) beginning at the time of dispatch to the return to jurisdictions when equipment and
personnel are in service and available for agency response.
SECTION 3. Fire Department response personnel include: Fire Chief, Deputy Fire Chief,
Battalion Chief, Fire Captain, Engineer, Firefighter, Senior Administrative Analyst,
Administrative Assistant, Fire Marshal Chief Building Official, Fire Inspector I, Fire Inspector I,
Fire Inspector II, Fire Inspector III, Hazardous Materials Coordinator, Fire Vehicle Mechanic and
Mechanic Helper.
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 4. For purposes of out of jurisdiction emergency assignments, the following
Fire Department unrepresented management classifications are eligible for overtime at a rate of
one and one half the employee’s base rate of pay during an event lasting more than eight hours:
Fire Chief, Deputy Fire Chief, Fire Marshal Chief Building Official, Fire Marshal, Administrative
Analyst, and Senior Administrative Analyst.
SECTION 4. Resolution Number 10903 (2018 Series) is hereby repealed and replaced to
the extent inconsistent herewith.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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RESOLUTION NO. 10903 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IDENTIFYING THE TERMS AND CONDITIONS
FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL
DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT
WHEREAS, the City of San Luis Obispo ("City") is a public agency located in the County
of San Luis Obispo, State of California, and
WHEREAS, it is the City's desire to provide fair and legal payment to all its employees
for time worked; and
WHEREAS, the City and its Fire Department participates in mutual aid responses to
emergencies outside the City and County; and
WHEREAS, the City will compensate its employees overtime in accordance with
personnel rules and regulations, their current Memorandum of Agreement, and other applicable
state and federal laws, while in the course of their employment and away from their official duty
station or assignment and assigned to an emergency incident, in support of an emergency incident,
or pre -positioned for emergency response; and
WHEREAS, the City of San Luis Obispo will seek reimbursement for qualifying mutual
aid responses such that all City costs, including but not limited to personnel, apparatus, equipment,
and administrative costs, such that responses to reimbursement -qualifying mutual aid responses
do not have a net negative impact on the City's financial position.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The San Luis Obispo Fire Department will maintain a current salary survey
or acknowledgement of acceptance of the "Base Rate" on file with the California Governor's Office
of Emergency Services, Fire Rescue Division.
SECTION 2. City Fire Department response personnel will be compensated (portal to
portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel
are in service and available for agency response.
SECTION 3. Fire Department response personnel include: Fire Chief, Deputy Fire Chief,
Battalion Chief, Fire Captain, Engineer, Firefighter, Administrative Analyst, Administrative
Assistant, Fire Marshall, Fire Inspector I, Fire Inspector II, Fire Inspector III, Hazardous Materials
Coordinator, Fire Vehicle Mechanic and Mechanic Helper.
R 10903
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Resolution No. 10903 (2018 Series) Page 2
SECTION 4. Resolution 10624 (Series 2015) is hereby superseded to the extent
inconsistent herewith.
Upon motion of Council Member Rivoire, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of June, 2018.
ATTEST:
Teresa Purrington
City Clerk
J. ristine Dietrick
Vty Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 1L"` day of zL.-ie , 2 l'%
Teresa Purrington
City Clerk
R 10903
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