AOC Board of Directors
Meet with Fire Chief Freeman
Regarding Job Action
February 14, 2005

On Monday, February 14, 2005, the AOC Board of Directors met with Fire Chief Freeman and Chief Deputy Gary Lockhart for their regularly scheduled monthly meeting. These monthly meetings are held to discuss routine issues and provide a forum to maintain an open line of communication between Chief Freeman, his Executive Staff and the Association Of Chiefs.

This month though, reacting to the growing uneasiness of labor and their unresolved contract, the AOC Board shifted its agenda emphasis from “routine issues” and directed their whole and complete effort at engaging Chief Freeman on the “job action” initiative. All Board Directors were in complete agreement in concluding that the meeting’s emphasis should be completely directed at painting for Chief Freeman a clear picture of the overall uneasiness, tension and confusion that seems to have permeated the Department because of the contract dispute.

Association of Chiefs Support of Labor

In a show of support for labor from Local 1014, President Pena began the meeting with Chief Freeman by insisting that the present “Management Pay, Benefit and Incentive Proposal” that is ready for review by the County’s Chief Administrative Officer (CAO), be placed on immediate hold. The “Management Pay, Benefit and Incentive Proposal” includes such items as the “Management Staff Bonus” and the “Professional Development Incentive Proposal “ (PDIP), items that have tallied innumerable hours of Board Director time and exhausting effort.

President Pena explained to Chief Freeman that it is the belief of the AOC Board that Executive Staff’s efforts should be focused and directed at finding immediate resolve to the contract dispute. President Pena explained that “every day, every hour and every minute that goes by without resolution to this issue causes further division between labor and managers. The potential for things to get worse before they get better is very real.”

The Contract Negotiation Process

Chief Freeman spent considerable time during today’s meeting explaining the County’s negotiation process. According to Chief Freeman, the participants in the negotiation process may include at times members of Labor’s negotiating team, members of management’s negotiating team, and a “mediator” who has been approved by members of both teams to assist in reaching a resolve to the sticking points in the proposed management offer or labor request. Most importantly, Chief Freeman emphasized that he does not participate in the negotiation process and has no effect on the contract’s ultimate outcome.

The Tone and Temperature of the Current Working Environment

Chief Freeman was provided a synopsis of what the Board Directors sense is the overall “tone and temperature” of the current working environment. Board Directors provided Chief Freeman examples of the divisiveness that is occurring between labor members and examples of how Chief Officers (specifically Operations Battalion Chiefs) are managing their daily operations.

Board Directors explained to Chief Freeman that it is becoming more apparent that labor members are sorely in need of an overt act of support from the Executive Office, namely from the Fire Chief himself.

Defining EMM-6

President Pena explained to Chief Freeman that the AOC membership had many questions regarding EMM-6 and EP-64. Board Directors defined the confusion by informing Chief Freeman that EMM-6 appeared to abrogate the authority and most importantly, the “leadership equity” that Battalion Chiefs had cultivated through their interpersonal relationship-building skills.

Chief Freeman aptly clarified EMM-6 to the Board Directors. In contradiction to the apparent confusion harbored by subordinate chief officers, Chief Freeman explained that EMM-6 and its support documentation was written to offer support to Battalion Chiefs as a means to encourage labor members to fulfill their paid/on-duty obligations without pitting one against the other directly. Battalion Chiefs nor Assistant Chiefs will deliver succinct “direct orders” to their subordinate company officers or crew members, it will be the Bureau Deputy who, after careful consideration, will ultimately issue such.

Chief Freeman feels that EMM-6 affords the Battalion Chiefs a great degree of flexibility in managing their respective battalions or sections. He further explained that he recognizes the latitude afforded Battalion Chiefs to manage his/her monthly/weekly/daily drill schedules.

Refusal of Direct Orders

AOC Board Directors brought forth to Chief Freeman the concern that those labor members who have (or will most likely continue to be) resigned from prominent support positions are “the Department’s best”. They are caught between supporting the plight of the labor union to which they belong and continuing to enhance the Mission of the department.
Chief Freeman offered his understanding and acknowledged the dedication and loyalty of those members yet was clear that the Mission of the department must be supported. The only way that this will be accomplished is by all members fulfilling their obligations and completing their paid/ on-duty assignments.

Chief Freeman explained that he was not interested in simply “exchanging paper” with subordinate labor members as if it were an exercise. He was very clear that subordinate labor members will be provided every opportunity to reconsider their “resignations” and choose to perform as expected. Should they choose not to participate in paid/on-duty responsibilities, a “direct order” shall be given. Failure to comply with the direct order will be met with discipline.

The AOC Board Provides Chief Freeman with Direct Requests

Through the course of the 1½-hour meeting, the AOC Board Directors explained clearly to Chief Freeman that the time had come for him to expressly define his position regarding the labor contract and associated job action initiatives. Further, the AOC Board Directors encouraged Chief Freeman that his communication be directed not only at labor yet also to the CAO and to the Board of Supervisors. Prior to the conclusion of the meeting, Chief Freeman solicited recommendations from the AOC Board as to what areas of importance might be best addressed. Fulfilling that request, the following was provided to Chief Freeman:

• Communicate to the Board of Supervisors that the Union contract needs to be settled
• Communicate to the Board of Supervisors that the “job action” has had/will continue to have significant impact on the Department
• Communicate to “all members” your participation and involvement in the labor negotiation process
• Re-state your intent and flexibility in application of EMM-6 regarding paid/on-duty assignments and letters of resignation
• Assign Deputy Chiefs and Assistant Chiefs to visit administrative sites and allow personnel to communicate their concerns and issues to them directly

(As this message was being written and prepared, Chief Freeman released a yet-to-be-numbered “ET” which captured each of the recommendations outlined above)

Conclusion

It was felt by those members in attendance at the meeting that it was an unqualified success. The aim of the AOC Board was to engage Chief Freeman on one specific issue, clearly expose support for labor, post opposition to the apparent rigidity of EMM-6, seek clarification for the intent of EMM-6 and, encourage him to expressly communicate his perspective of the labor contract and negotiation process.

The AOC Board has vowed to keep in daily contact with Chief Freeman and report to him an escalation of the “job action” initiative. Further, the AOC Board encouraged him to collaborate with the Board Directors prior to any wholesale changes in policy and procedure that may have an adverse effect on labor/management relationships.

Home