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OCEANSIDE: New state law tests fire chief's powers
Department reorganization short-lived; top managers challenged reassignments
By SARAH GORDON - Staff Writer | ∞
OCEANSIDE ---- Nearly a year into the job, Oceanside fire Chief Terry Garrison decided in mid-May to reassign five of his top managers.
Saying the changes would strengthen department operations, he moved two department veterans, Mike Margot and Mark Alderson, from their desk jobs to lower-paying jobs in the field.
He reassigned another manager who had been in charge of training to take Alderson's place as budget and communications chief. The remaining two veterans moved to administrative details, leading training and fire prevention.
The reassignments, effective May 12, lasted just 10 days.
Only May 22, Garrison rescinded the assignments in response to a threatened legal challenge from Margot and Alderson, who warned that the changes were tantamount to demotions and therefore illegal under a new California firefighters' bill of rights.
The law requires an administrative hearing before a firefighter can be demoted or punished in a way that would diminish wages or benefits.
In the wake of the failed reorganization, questions remain about whether the chief opened the city to lawsuits and whether, under the new law, he has any real power to reassign supervisors. It's also unclear how much ill-will the short-lived changes created in the department.
Feeling frustrated
On advice from their lawyer, Margot and Alderson declined to say whether they planned any future legal action, though both said they were satisfied with their restored positions.
That's not the case with Battalion Chief Rob Dunham, a 26-year department veteran who was promoted, then returned to his original duties. He criticized the way the moves were handled, saying the city was in such a hurry to appease Alderson and Margot, his rights were forgotten.
"To be moved from place to place in short order and then, at the end of the day, not be recognized in any way for the flexibility you've shown to the city by not filing actions, and to not even be compensated for the time ---- it doesn't taste right," he said.
He would not comment on whether he planned any action.
The failed reorganization left Garrison frustrated that California law apparently makes it impossible for him to rotate the department's five division chiefs into three top field supervisor positions, called battalion chiefs.
The department would benefit from periodically rotating division and battalion chiefs, he said. Responding to emergencies is the department's bread and butter, he said; no leader should become permanently divorced from that work.
"In most departments, when you promote to chief officer, there's an unwritten agreement you will get the opportunity to go out in the field and respond to calls, but these guys never did," Garrison said.
A new process
Dunham, who helped create the division chief assignments in 2006 as interim fire chief, said the city's contract with the eight-person Oceanside fire manager's union stipulates the positions could be temporary.
"The positions were understood by everyone that they were at-will," he said. "You understood that you served at the pleasure of the chief and that, at any time, were he to feel you would better serve the organization somewhere else, you could be placed into another position."
But that changed Jan. 1, he said, when the Firefighter's Procedural Bill of Rights took effect.
"Now the firefighter's bill of rights has eliminated any at-will positions," Dunham said. "It's unfortunate that the individuals involved attached property rights to those positions, when at the time they accepted the positions, they understood they were at-will positions."
With city leaders in Oceanside debating the implications of the new law, it is unclear whether Garrison can ever reassign administrators to the field.
Garrison, who took over as Oceanside chief in June 2007 after 30 years with the Phoenix Fire Department, said he remains frustrated.
"It could hamper what I want to accomplish in the organization," he said. "As a manager, can you imagine not being able to move your people?"
Brian Kammerer, the city's personnel director, said the new law does not prevent the chief from making staff changes. Rather, he said, it establishes a new process that requires the chief to tell a firefighter why he is making a proposed change and gives the firefighter a chance to challenge the change.
If the chief still decides to make the change, the firefighter can appeal the decision to the city manager, who has the final say.
"It's just another process to assure we're being fair and equitable across the board," Kammerer said.
What happened
Garrison wanted to improve internal communications, update standard operating procedures, complete high-rise training and give division chiefs a chance to "work on the floor," according to a letter the chief sent to the department and city leaders explaining the changes.
He proposed accomplishing that with the reassignments.
On May 9, Garrison called the affected staff into his office to announce the changes, which he said would take effect Monday, May 12.
Alderson, a 27-year department veteran who had been a division chief in charge of administration since October 2006, would become a battalion chief.
Darryl Hebert, a division chief in charge of training and a 20-year department veteran, would take over administration from Alderson.
Margot, an 18-year veteran who had been the division chief for fire prevention for under a year, would also become a battalion chief.
"It was good timing for both of them," said Garrison, referring to the accomplishments of Alderson and Margot as division chiefs. "We had finalized our budget and finished updating the fire codes."
Garrison said he wanted Hebert's fresh perspective on budget issues and wanted Alderson and Margot to expand their limited battalion chief experience.
Two battalion chiefs, Dunham and Bob Cotton, also a longtime department veteran, would head training and fire prevention, respectively, division chief positions.
Cotton declined to comment for this story.
The money issue
Both Margot and Alderson said they immediately worried the new assignments would result in substantial pay cuts.
Alderson's base pay of $120,890 as division chief would be the same when he became a battalion chief. Margot's $104,395 base also would remain unchanged in the new position.
However, as division chief, Alderson also earns an additional $25,000 annually in assignment pay, and Margot makes $22,000. As battalion chiefs, they would have lost this money.
But battalion chiefs earn an average of $30,000 annually in overtime, while division chiefs cannot earn overtime, Garrison said.
With base salaries the same for division or battalion chiefs and assignment and overtime pay very close, Garrison said he didn't believe any of the reassigned leaders would suffer a significant pay cut. Margot and Alderson disagreed.
In the meantime, Personnel Director Kammerer told Garrison he didn't think the changes were legal, while City Attorney John Mullen scrambled to research the issue, Garrison said.
On May 20, Alderson and Margot sent identical letters through a lawyer demanding a hearing on the reassignments, calling them "punitive actions," as defined by the new law. The letter cited the law's order that:
"Punitive action or denial of promotion on grounds other than merit shall not be undertaken ... without providing the firefighter and opportunity for administrative appeal."
The firefighters demanded the city follow the law and grant the appeal.
If the department failed to comply with the law, the Firefighters Bill of Rights allowed them each to sue for up to $25,000 in civil penalties, lawyer fees and emotional distress, the letters pointed out.
The law, similar to one in place for peace officers since the 1980s, was designed to make sure firefighters are treated fairly when facing investigations, interrogations or a demotion.
According to its Web site, the 30,000-strong California Professional Firefighters association had been trying to get a version of the law passed for over 20 years, arguing that, like peace officers, firefighters make split-second decisions in stressful situations that leave them subject to internal investigation.
Law's limitations
On May 22, two days after Alderson and Margot's letter arrived, Garrison announced he was reversing the reassignments.
Cotton and Dunham would return to battalion chiefs.
Margot would return to his previous position as fire prevention division chief. Alderson would be a division chief in charge of training.
Hebert would remain administrative division chief.
In the end, Alderson's and Hebert's assignment swaps were the only changes. The chief got the administrative head he wanted, but the balance of his vision would have to wait.
Both Alderson and Margot said they were satisfied.
"I'll work anywhere I'm assigned to work," Alderson said. "I just don't care to take a large economic hit."
"I'm happy to be back and moving forward," Margot said, adding that his objection to the reassignment was purely financial.
Garrison, in the meantime, said he worries about the limitations of the department's structure under California law.
"I have four guys in division chief positions who have never been in the field," he said. "I think there's a very negative piece to not being able to take people and put them on as battalion chief and have them run on calls."
He said he would work with the city's personnel director and manager to develop a method for reorganizing top positions legally.
City Manager Peter Weiss said it was unclear if the reassignments had violated the law.
"It was the most prudent action just to put people back until we figure it out," he said.
Until the law has been tested in court, he said, Oceanside and other cities will struggle to understand its implications.
Contact staff writer Sarah Gordon at (760) 740-3517 or sgordon@nctimes.com.
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Chief Fair wrote on Jun 21, 2008 7:02 PM:The Fire Chief seems to be trying to be fair and to comply with the new law. I cannot blame the fire men for not wanting a pay cut but why couldn't he change them but not change their pay?
Seems the pay is the only issue and I know I wouldn't want to take a pay cut just for administrative reasons.
Jeff wrote on Jun 21, 2008 7:20 PM:Normal Oceanside city SNAFU, does it ever end?
paul wrote on Jun 21, 2008 7:52 PM:It smells like a demotion to me.
Dude wrote on Jun 21, 2008 8:52 PM:The Fireman use scare tactics to further their greedy agenda. They could care less about the citizens of Oceanside. They would like it if the government could control our lives and take as much of our $$$ for their lavish retirement benefits. If they could have their way, we would be living in a socialist state controlled by government employee unions.
Jess wrote on Jun 21, 2008 9:44 PM:HAAAA . More union crying me me mes.....
what a worthless pack of fools.
What a Joke wrote on Jun 21, 2008 11:29 PM:So these are our Fire Department Managers; they act like a bunch of school children. This is what one get when you pander to the Fire Union and change the requirements for the Battalion Chiefs job to benefit a few individuals. Claims, lawsuits and disruptiveness, can this get any more ridiculous?
fuego wrote on Jun 21, 2008 11:29 PM:You know what the real issue here is, right? Overtime does NOT count toward retirement. The promotion pays does. So no, fire chief, the two positions do not earn the same amount when it comes time to retire.
It is really all about the money wrote on Jun 21, 2008 11:41 PM:Fire Battalion Chiefs make a base pay $125,000 per year, and an additional $30,000 per year in overtime? This needs to be investigated, how did all these former union officers get promoted, when and by whom? This looks as bad as it sounds.
flexible trained wrote on Jun 22, 2008 2:59 AM:Would assume that the many Chiefs: Battalion Chief, Admin Division Chief, Communications Chief, Fire Prevention Chief, etc. could step in and do any job at any fire dept any time, especially in an emergency.
In other words those having "Chief" status are back-up for all Chiefs and Captains, and the Fire Fighters on the line. And others in uniform.
I expect Chief to be able to help with the ambulance calls, etc. as necessary.
I expect a lot of up-to-date training for ALL Fire Dept personnel that wear the uniform.
Our year round wildfires and urban fires require well trained fire-persons at every level; this includes volunteer firefighters.
San Diego County stakeholders (homeowners) need to be educated, involved too; be part of the solution.
FF wrote on Jun 22, 2008 8:01 AM:Dude, your personal political views have no relationship to this story. And Jess, your personal dislike of unions has no bearing here either.
It's pretty obvious if you change someone's position, in any occupation, and it results in a pay cut that it's a demotion. Finally, the management hammer of "at will employee" has been taken away.
The Upper Management wanting more money. wrote on Jun 22, 2008 8:08 AM:This isn't about firefighters. This is about the upper command staff of the fire department. This is sickening!
check your info wrote on Jun 22, 2008 9:12 AM:Please check your facts before firing off on the fire union. These chiefs are not a part of the fire union, nor are they former union leaders. This has nothing to do with the union. This is all about their own individual greed. Of course anti-union people will automatically link this story to the union and use it as a smear campaign.
fail wrote on Jun 22, 2008 9:18 AM:LET HIM RUN HIS DEPARTMENT! Good lord, this isn't about any union. BCs and DCs are not union members.Its about a fire chief having his hands tied. Let him make his changes. Do you not know what "at will" means? It sounds to me like these two are simply whiny, selfish children who are looking out for themselves and not their department.
Legal Issue wrote on Jun 22, 2008 9:22 AM:Isn't that why we have a City Manager and a City Attorney for the Fire Chief to consult with BEFORE changes are made? How come the Chief isn't familiar with CURRENT Law? The Chief attends all State conferences and Association meetings of Fire Chiefs. Being from Arizona maybe the Chief wasn't brought up to speed soon enough. Was the City Council aware in a closed door discussion regarding employee packages?
How many wrote on Jun 22, 2008 9:38 AM:Hey, how many Fire Chiefs has Oceanside had in, oh say, the last 10 years? 7? 8? Why do you think there is so much turnover? Oh yeah, and didn't San Diego Fire get smacked to playing chutes and ladders with chiefs because they wanted to spike income? Who was that again? RIGHT! Jeff Bowman...another former Oceanside Fire Chief.
Citizen wrote on Jun 22, 2008 11:17 AM:My Gawd!! Are these the type's of salaries given to public employees??
Because you are grandfathered-in by simply milking the system for a number of years. What about customer service? Where are the public watchdogs? I can't even imagine the 96% retirement salaries. No wonder the Governor is trying to change the system.
it would be sad wrote on Jun 22, 2008 11:32 AM:it will be a sad day indeed if the ugly oceanside politics chase chief garrison out like so many other chiefs. chief garrison is a top-notch fire chief and comes from a top-notch department. he is a breath of fresh air from the county re-treads our city has hired in the passt. from what i hear the firefighters have embraced him completely. he simply had one interpretation of the law and the city had another. he wasn't "demoting" anybody, but simply making changes for the overall health of the department and for the improvement of his chiefs. the city (very paranoid from its long history of lawsuits) chose to interpret the ff bill of rights very conservatively and forced the changes to be undone. i would hate to see garrison pack up and take all his expertise due to the meddling of the city attorney, city manager and even city council.
lets focus on the issue at hand: two unhappy chiefs, making good money, challenged a fire chief's decision and used the city attorney and city manager's power to undo that decision. get over it and accept your new responsibilites and quit whining about getting "demoted".
State Meddling wrote on Jun 22, 2008 11:35 AM:The problem is that the state politicians pass laws (in support of unions) that tie the hand of local leaders. No wonder California cann't pass a budget working on issues that harm cities.
Gomba wrote on Jun 22, 2008 11:36 AM:I have a suggestion:
Promote Captain Fleming--he is long
overdue--and let him do all the jobs
of the current Division Chiefs. He
can do the job, just ask him.
It took me almost two and a half years
to make the kind of money that the
Division Chiefs make today. If I only
knew.
And, don't pick on my boys as they do
a splendid job of protecting us 24/7.
Its a Start wrote on Jun 22, 2008 12:02 PM:Sarah you are just scraching the surface. Numberious Fire Chiefs changes(the Chief in charge), overtime pay and retirement benefits, promotions and qualifications, former Union Officers now run the Fire Department, ask around; if anyone will talk. This Department is all about self interest, that is why they support select political candidates.
COME ON wrote on Jun 22, 2008 1:49 PM:addressed to "jess" and "dude":
thinking that these men are "greedy" and "a pack of fools" just shows your utter ignorance. First off, although their salary may seem outrageous to you, these guys are up and on top of ANYTHING that breaks loose in your city, 24-7, 365. Natural disaster, fire or medical catastrophe, they are there for their city and, contrary to your tainted belief, they actually CARE about their city and their citizens. I don't think either of you would take to kindly to being at work 96 hours or more straight, sometimes with as little as four hours of sleep total and MRE's, beef jerky and gatorade to survive on in that time. Do you need to be reminded of the wildfires last October? The firefighters were everyone's heroes then - why does your patriotism fade now? My husband has been fighting fires in Northern California for the past 11 days with about 24 hours of total sleep, battling blazes in 112 degree heat for 24 hour periods. You are damn right he deserves to be compensated for his hard work and efforts! So no, these are not a bunch of "tools"! In response to the salary issue, as in any job, the higher education and the longer you are at a job, promotions come your way. Anyone could make six figures, assuming they put time into their work and they are good at what they do. Just because you are not making six figures, don't poke your anger at the batallion chiefs. They aren't working the typical 9-5 jobs; they are out there either on the line or in the office AS OFTEN AS NEEDED TO GET THE JOB DONE. You should be ashamed of yourselves attempting to make these guys look greedy. If you were earning a salary and were told you were getting a pay cut with NO LINK of demotion based on fulfilling your job requirements, you would complain too. GET OVER YOURSELVES AND SUPPORT YOUR LOCAL FIRE DEPARTMENT!!! God knows when fire is knocking at your door or your loved one is in a life threatening emergency, you will want these AMAZING men at your side and they will again be your heroes. Think about that.
get over yourself wrote on Jun 22, 2008 2:35 PM:firemen think they are the greatest things on earth
come on again wrote on Jun 22, 2008 3:15 PM:Lets not forget this: all that overtime is NOT coming out of the city's budget. The cast majority of the Battalion Chief's overtime is reimbursed from the agency who requested the help. So all of you people who are mad because a senior fire offical actually makes more than you do need to stop your sniveling about "YOUR" money paying for it.
MIke wrote on Jun 22, 2008 5:02 PM:All Firefighters, police officers and teachers should have a 6 figure salary. They are worth every dime!
To Come On wrote on Jun 22, 2008 5:44 PM:Save your speech for the next council meeting when your next pay raise and benefit package is up for vote. You can then give your speal how dangerous your job is and how under paid you are to our spineless elected officials. Personally, I think volunteer Fire Depts provide a better service than any government employees because they care about protecting people more than padding their wallet like you.
Former Union Leaders wrote on Jun 22, 2008 6:58 PM:The names in the article read like a who's who for last years Fire Union Officials. Same old story ain't it boys, it really is all about the money. Still riding the coats of those much more service oriented than you appear to be.
To Come On wrote on Jun 22, 2008 7:34 PM:I started as a volunteer in 1993 and have been a career FF since 1996. The vast majority of Volunteer ff's mean very well. Unfortunately, most do not have the time, training, or equipment to "provide a better service" than full-time ff's do. Golfing in your spare time does not make you as good as a pro. Work and family commitments prevent volunteers from honing their "hobby" into an efficient, effective firefighter. Just my opinion from personal experience...
what is going on wrote on Jun 23, 2008 1:31 AM:it seems there is a shake down at OFD- all the chief officers are mad, captains sueing... etc. Maybe this chief is the strong guiding hand OFD has needed for years. either get on the new chiefs ride, or get out- don't stop the wheels of change- OFD has needed this for a long time. "it would be sad" and "come on" have it exactly right. Please, I urge you not to chase Chief Garrison away- he can do great things for this city if we let him... let him, that's why we hired him! As for the "demotion"- Chief Garrison is right- all the chiefs NEED the experience of covering the city's duty- not just admin, or prevention. If you are not up to speed on running 2nd alarm fires, or delayed extrication rescues, out to the field you go. Sorry, but if as a taxpayer I am paying you that much money, you better be the best rounded, most experienced chief in the county.
Inredible wrote on Jun 23, 2008 8:07 AM:It appears I need a gravy city job! In my profession and with my employer I am expected to be qualified and flexible. Not only that - It was always assumed that all jobs in CA were at will - apparantly that doesn't apply to the well unionized city employee. We have taken this 911 hero stuff to far. If someone doesn't like their employer's decisions - then leave. There is an entire economy waiting for your wellfare application.
discouraged wrote on Jun 23, 2008 8:15 AM:It's not surprising this town has had so many chiefs! All the political nonsense will never allow any chief to fully manage its FD. It is very disappointing that OFD has the opportunity to fix itself with Garrison at the helm but doesn't look like their willing to allow him to make any changes to their disfunctional ways. All of you grow up and open your narrow way of thinking!
flexible trained wrote on Jun 23, 2008 8:39 AM:Until you walk in the firefighters' shoes (at every level; as well as volunteers), the policepersons' shoes, and the teachers' shoes, do not judge.
Learn more: go to your fire station and talk to the Chief and firefighters.
All the gear necessary to fight fires is very expensive. Fire engine approximately $500,000.
All the gear for an ambulance (a moving ER Room) is very expensive.
Fire is year round. San Diego County stakeholders (homeowners) need to be educated, involved too; be part of the solution to save lives and homes.
Bernard wrote on Jun 23, 2008 8:45 AM:Fire Wish:
A San Diego County Fire Department that is POLITICALLY FREE; no political interference and a forward thinking Chief. A Chief that can think out of the box.
The political-free County Fire Dept would include SOGE (Stay Or Go Early) aka Go very Early or prepare, Stay and Defend.
We need a forward thinking Fire Chief like Chief Bob Roper, Ventura County CA. or Chief Douglas MacDonald, Los Alamos County NM.
Ventura County CA, Los Alamos County NM, Australia and New Zealand fire policy is SOGE (Stay or Go Early) aka Go Early or Stay and Defend.
The above would raise the Fire Leadership bar in SD County.
Well trained volunteer firefighters are necessary, too.
Ventura County CA Fire Chief message:
Reality is that in a major wildfire, there will simply not be enough fire engines or firefighters to defend every home.
Successfully preparing for a wildfire requires you to take personal responsibility for protecting yourself, your family and your property.
The most important person in protecting your life and property is not the firefighter, but you.
And few people have adequately prepared their families for a quick evacuation or the prospect of staying to defend their home from fire.
The fire season is now a year-round reality. Meteorologists are forecasting extreme drought conditions for Southern California, requiring firefighters and residents to be on heightened alert for the threat of wildfire.
Each year, wildfires consume hundreds of homes in the Wildland/Urban Interface. However, the California Department of Forestry and Fire Protection (CAL FIRE) estimates that as many as 80 percent of the homes lost to wildfires could have been saved if their owners had only followed a few simple fire-safe practices.
In addition, wildfire-related deaths occur because people wait too late to evacuate their home or prepare inadequately to stay and defend it.
Action Plan, Tips, and Tools are available.
Many residents have built their homes and landscaped without fully understanding the impact of fire.
Bob Roper,
Ventura County Fire Chief
WILDFIRE PLANS TIPS TOOLS are at the Ventura County Fire government website or google the words meet your first weapon against wildfire. 12 pages of accurate info that can help you save your life and home.
publicinformation/publications/PDFs/
wildland%20plan-12pg-mailer-rev1.pdf
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