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Joyce Clark Unfiltered

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PLEASE CHECK OUT THE CHAVIRA VIDEOS, ESPECIALLY “MONEY, MONEY” TO THE LEFT OF THIS COLUMN.

It has been 18 years and 202 days since the city’s pledge to build the West Branch Library.

The July 8, 2016 edition of the Arizona Republic has an editorial penned by Phil Boas. Here is the link: http://www.azcentral.com/story/opinion/editorial/2016/07/07/sammy-chavira-glendale-travel/86789948/ . In part he says, “Glendale council members have also shied away from tackling the problem head-on by censuring Chavira. Shying away from that action also would be a mistake.” He goes on to say, “It is important, indeed, to refine policies and procedures to ensure ethical, professional practices. And we hope Glendale officials come through soon with clearer standards, including on junkets, freebies and late fees.

“But those efforts don’t preclude the mayor and council from passing judgment on a colleague’s decisions that were clearly inappropriate. And sending a message to constituents that the illegitimate use of their taxes isn’t tolerated. That requires and overdue – and well-deserved – censure.”

I agree. The problem is that a majority of council may not. Obviously Chavira must recuse himself in such deliberation and consequent action. That leaves a council of 6 members. Lately there has grown to be a 3 to 3 split between them with Turner, Tolmachoff and Aldama vs. Weiers, Hugh and Malnar. Take the latest major issue, light rail. The vote was 4-3 to approve and move forward – Turner, Tolmachoff, Aldama (and Chavira) for approval and Weiers, Hugh and Malnar against, citing the need for more information on their unanswered questions.

There are mechanisms in council guidelines that allow fellow councilmembers to sanction one another. They have never been used but it seems appropriate in Chavira’s case. How can a split council decide on censure for Chavira? The public perception, rightly or wrongly, is that Turner, Tolmachoff and Aldama would not support Chavira’s censure. So, they are at an impasse and the public may never see the very message the Arizona Republic calls for – that of “sending a message to constituents that the illegitimate use of their taxes isn’t (and will no longer) be tolerated.”

Add to a split council, the fact that Glendale’s City Attorney, Michael Bailey, had given Chavira a pass by publicly stating that he could find nothing wrong with Sammy’s spending. City councilmembers are his bosses so of course, he’s not going to throw one of them under the bus. What should have occurred and did not, was for Bailey to ask an independent third party, such as a city attorney from another jurisdiction, to review and make a decision.

In governmental terms, $25,000 is not a lot of money. In citizen terms, especially when it’s their taxes, it is. There are people at the poverty level who earn no more than that in an entire year. There are senior citizens who receive no more than that amount each year from Social Security. Chavira makes far more than that annually. Between his Phoenix firefighter position and his councilmember salary it seems he would be in the six-figure range.

That brings up another action that should be required and that is reimbursement to the city. Obviously Sammy can afford to do so but don’t hold your breath. It is unlikely that Glendale taxpayers will see this council censure one of its own or will see Sammy repay the money he lavished on trips.

Sammy’s only censure will come from the voters of the Yucca district at the Primary Election on August 30th for they will make clear their anger.

© Joyce Clark, 2016

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

If you are a Glendale resident who follows my blog and if you have family members, friends, acquaintances or neighbors who would benefit from knowing what is happening in our community please take a moment to send them a link to my site: http://joyceclarkunfiltered.com . Thank you.

The first part of this series on automatic aid explained the concept and how it is set up. This part will look at those components of the system in need of reform: reimbursement and staffing levels.

Section 9.L. of the automatic aid agreement states, “Participants agree that automatic aid is reciprocal. While automatic aid does not ensure that a community will receive the exact same amount of assistance as it gives, it does mean that all participants will provide assistance outside its jurisdictional boundaries and that the level of service delivered within the Automatic Aid System will be comparable.”

Section 11 says, “Except as specifically agreed to by both parties for a particular incident, neither party shall be reimbursed by the other party for any costs incurred pursuant to this agreement. In the event of Declared Disasters, participants may apply for reimbursements from County, State and Federal agencies.”

This agreement acknowledges that some governmental agencies will send more aid than will be received and mandates that the level of service provided will be comparable. There is no acknowledgement of reimbursement in the amount of service provided by one agency to another. It goes on to specifically mandate that there will be no reimbursement from one agency to another.

Here is the problem with those concepts. In information provided by Glendale Fire Department’s Assistant Chief DeChant (now Acting Chief) in 2014 for Fiscal Year 2012-13 Glendale provided automatic aid outside of Glendale for 5,583 calls. It received automatic aid within Glendale from other jurisdictions for 3,361 calls. Glendale answered 2,222 more calls for service outside of its city limits in FY 2012-13 than it received from other jurisdictions. Glendale per the automatic aid agreement was not reimbursed for any of those 2,222 calls representing an imbalance in reciprocity. According to a recent Arizona Republic story that number rose in FY 2014-15 to a disparity of 3,800 calls, unreciprocated, made by Glendale outside of its boundaries.

It is impossible to accurately determine the cost of sending a large engine or ladder truck to an emergency call. Internet researched numbers vary from a low of $400 to a high of $1200 per call. For purposes of this discussion I chose a number in the middle – $800 per call. This number would reflect the salaries and benefits of personnel, the use of a ladder truck or engine answering calls 90% of which are medical, the fuel cost and the maintenance cost of the vehicle.  If you multiply the excess number of calls made outside of its boundaries in FY 2012-13 which is 2,222 by $800 per call the total is $1,777,600 dollars. $1.7M is a fair estimate of the expense to Glendale taxpayers in FY 2012-13 to answer more calls outside of Glendale than are received inside of Glendale due to automatic aid. Does that seem equitable to you?

Apparently in 2013 when the Sun City West Fire District was attempting land annexation within the City of Peoria, Peoria’s Fire Chief Bobby Ruiz raised the very issue of equitable automatic aid service. A Peoria Times story in June, 2013, reported, “Peoria Fire Chief Bobby Ruiz was on the ground floor in the 1980s, when the fire departments of Glendale, Phoenix and Tempe came together to form the automatic aid system with Phoenix being central dispatch. Under that system, whichever fire engine or paramedic truck was closest to an incident, it would automatically respond first.”

“Then, it would eliminate building duplicate fire stations across the street from each other,” Ruiz said. “It’s always been the intent of cities to provide fire, life safety, and medical services within their own jurisdiction. So, being comparable, it would be equitable.”

“In Sun City West Fire District, in the last calendar year, we responded 62 times, they responded 32 times” to parcels in the SCWFD covered district, Ruiz said. “It’s still understood one jurisdiction should not benefit from another district.” Sun City West Fire District Assistant Fire Chief Mary Dalton responded to Ruiz by pointing out, “In 2012 alone, Peoria residents were the beneficiaries of more than 4,500 calls for 9-1-1 service answered by neighboring fire departments. However, Peoria emergency units only assisted their neighboring jurisdictions roughly 2,700 times.”

Here’s something else to think about. Automatic aid may be putting pressure on the response times of all jurisdictions. Let’s imagine that you live down the street from a fire station. It’s very comforting to think that should you need emergency medical service the response would be very fast, maybe 2 or 3 minutes from time of dispatch to your home. Not so fast. What if that station is answering another call…in Peoria or Phoenix? The next closest unit would be dispatched and it is possible that it would take the unit more time to arrive at your home. It’s an issue to think about if you are the one with the medical emergency.

In Section 3 of the automatic aid agreement it states, “It is agreed that the scope of this agreement includes automatic assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extrication situations and other types of emergency incidents that are within the standard scope of services provided by fire departments in the Automatic Aid System.” What type of vehicular equipment does the Glendale fire department utilize to answer medical emergencies? It uses large engine or ladder trucks with 4 personnel on board.

Section 9. I. of the agreement states, “System participants recognize the importance of service delivery and personnel safety issues. The minimum daily staffing level for engines and ladders shall be four members. Henceforth this will be referred to as full staffing. Engine and ladder staffing may be reduced to three trained personnel for short periods of time as established by the Life Safety Council throughout a 24 hour shift. Departments that enter the system with a staffing level of three members on each engine and/or ladder shall have an active plan to accomplish full staffing within one year of entry.”

Section 9. P. says, “System participants agree that full staffing as described in NFPA 1710 on engines and ladders provides the most efficient and effective personnel safety and service delivery to the public. Staffing engines and ladders with less than full staffing has financial implications to neighboring jurisdictions, the system as a whole, and the public. Before June 30, 2016, participants that reduce staffing below full staffing shall be subject to financial considerations intended to make the system whole. After June 30, 2016, participants that reduce staffing below full staffing shall no longer be members of the automatic aid system.”

The issue is not the use of a large truck with 4 personnel when responding to a fire. Even as a non fire call expert one recognizes the need and necessity for large equipment to respond to fires. No, the issue with automatic aid is the tremendous number of emergency medical calls.

An estimated 90% of all calls to which Glendale fire responds are medical emergencies. The following information was provided by Acting Chief Chris DeChant in 2014 (then Assistant Chief) in my request for information after attending the first public session of the department’s Customer Based Strategic Planning exercise: “In FY 2012-13 the total number of medical calls in Glendale was 23,824 and the total fire calls were 2,222.” Why is it necessary to send a large engine or ladder truck with 4 personnel to over 23,000 medical calls?

Just think of the costs involved. If I remember correctly these large vehicles get about 4 or 5 miles to the gallon. Think of the wear and tear sending these vehicles to thousands of medical emergencies annually and the maintenance costs associated along with the salaries and benefits paid for 4 personnel. Typically one or two personnel on these vehicles have either Advanced Life Support (ALS) or Basic Life Support (BLS) certification and the other two personnel do not.

How much money could a municipality save in using smaller vehicles with just 2 ALS or BLS paramedic personnel on board? Mesa is attempting to find out despite the threat of a hammer in Section 9.P of the automatic aid agreement. At the 2013 California Fire Chiefs Association Annual Conference Mesa Fire Chief Harry Beck and Mesa Medical Director Doctor Gary Smith presented The Horizon of Fire-Based EMS. Here is the link to their presentation: Mesa EMS costs .  It is interesting and well worth reading. In it Mesa outlines the current pressures on traditional fire-based medical service call delivery. Mesa is using 4 Transitional Response Vehicles (TRV) staffed with an EMT Captain and an Advanced Life Support (ALS) firefighter. It is a concept whose time has come and makes a great deal of sense in terms of cost savings to the community as well as providing efficient medical service delivery. Mesa’s concept flies in the face of the currently mandated stipulations within the automatic aid agreement that acknowledges the use of fire engines and ladders to respond to all calls, including medical calls. If you reread sections 9.I. and 9.P. cited above it appears to be a preemptive strike to prevent Mesa from moving forward with the concept.

After the council’s vacation this July Glendale staff will make a presentation on public safety needs. It would be wise if this council requested to hear a presentation from the Mesa Fire Department and its use of Transitional Response Vehicles (TRV) in responding to medical emergencies. If it has proven itself in Mesa perhaps it is time for Glendale to adopt Mesa’s model. Perhaps the $3M+ the Glendale Fire Department is seeking would be better spent in the development of an alternative medical emergency response approach. After its initial investment it would create cost savings for Glendale’s taxpayers with more effective service.

Then there is the question of lack of a reimbursement scheme within the current automatic aid agreement. It is not equitable that some jurisdictions, such as Glendale, require their taxpayers to subsidize thousands of emergency medical responses to its neighboring jurisdictions. The imbalance has become far too great and far too costly in a time when dollars are so important to every governmental agency. Council should direct staff to begin this conversation of reimbursement with other participating automatic aid agencies. It is an issue whose time has come.

Automatic aid is an essential component of fire delivery service in the Valley. It should not be scrapped but it can be made better. Participating jurisdictions have got to look at the imbalances and inequities within the system and address a means of restoring equity between agencies. They also must recognize that using large trucks with 4 personnel for a majority of calls that are medical is not cost efficient or effective and develop a new model to respond to those types of calls. A system created 40 years ago can certainly use some reform.

In Part 3, automatic aid gives rise to the questions surrounding ambulance service and annexation issues – related issues for your consideration.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

The first item on the Glendale city council workshop session of Jan. 7, 2014 was a legislative update.  Council’s interest was in making a run on the state legislature to adopt a mechanism to reimburse host cities for major events. Reimbursement could be applied to anything major such as the Barrett Jackson Auto Show or a major NBA tournament. It’s an idea long overdue.  From the time Glendale hosted its first Super Bowl and lost money doing so, I have continually pressed for such action. Even in discussions with the Host Committee regarding Glendale’s second hosting of a Super Bowl their reaction in pursuing such legislation was tepid. In the past 7 years there has been no interest, except in Glendale, to create such a mechanism. Glendale’s Intergovernmental Director, Brent Stoddard, continues to sound less than enthusiastic about its successful adoption by the state legislature in direct contrast to Mayor Weiers who said several times that he was “optimistic” that this would be the year for such successful legislation to be adopted. I would prefer to believe that this is the year for its adoption. Let’s hope they suceed in obtaining some kind of legislation to remedy this situation. Glendale simply cannot afford to host events that, in fact, benefit the entire state.

That leads to something that the TV media has been reporting lately. Sen. Tom Coburn, R-Okla., has filed a bill to end the tax exemption status of the NFL (granted in the 1940’s) on grounds that Americans are subsidizing a for-profit sports league. The NFL’s non-profit status was something I had highlighted in one of my blogs several months ago. Many were surprised to learn that it had a non-profit status.

Coburn’s bill, the Properly Reducing Overexemptions for Sports Act (PRO Sports Act), would do away with the tax break currently enjoyed by the league offices of the National Football League, the National Hockey League, golf’s PGA Tour, and the Ladies Professional Golf Association. Major League Baseball and the National Basketball Association have voluntarily given up their nonprofit status. Coburn has argued that if all the professional league offices were denied this exemption, Americans could recapture the estimated $91 million that goes each year for the subsidy. There is a group called the Rootstrikers, (http://www.rootstrikers.org), created in 2011 by Harvard law school professor Lawrence Lessig and political activist Joe Trippi to fight political corruption. They want to give momentum to this issue and have started an online petition to support Coburn’s bill. If you feel so inclined, check it out.

It is estimated that the NFL realizes $9 billion dollars annually and their top executives earn more than most corporate CEOs. For example, the NFL’s CEO is paid $30 million dollars a year. With that kind of revenue the NFL is a gorilla when it comes to congressional lobbying. In recent years it spent nearly $4 million dollars and at the same time contributed nearly $2 million dollars to congressional campaigns. It has a lot of clout and Senator Coburn will have an uphill battle to get his bill passed successfully.

Later today we’ll take a look at other council discussions at its recent workshop: one on municipal marketing and one on organizational restructuring.

© Joyce Clark, 2014

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to :http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.