Guam Fire's Special Projects Section....Worth their weight in Gold???

After all the scrutiny brought upon the Guam Fire Department's uniform firefighters that are collaterally assigned to the GFD Headquarters regarding their compensation, what was it really all about?? Were they not working all their hours that they claimed? Were they shortchanging the government and not delivering the full worth of their salaries? What do they actually do? Let's examine this unique fire department special section in detail.

The unit's OIC, Fire Captain Ed Flores gives the following account of their duties, qualifications, past accomplishments, current and pending projects and future plans. OK, here we go.......

The Special Projects Section is an internally formed unit within the Guam Fire Department which was created to spearhead solutions for major problems or issues within the GFD in addition to their regularly performed firefighter duties.  The personnel were specifically chosen based upon their work knowledge and their overall motivation to accept the responsibilities.  The Special Project Section is composed of the following personnel:  Fire Captain Edward L. Flores (Officer in Charge) and Fire Lieutenants Edward C. Artero II, Philip J.E. Camacho, Joey C. San Nicolas.

Work Schedule:

The Special Projects work schedule is generally a 120 hrs bi-weekly work schedule which includes three 24 hour work shifts (however schedule adjustments are made based on the needs of the department).  Special Projects also performs duties to alleviate response manpower shortages.  This section mans the Major Alarm Scene Support (MASS) Unit and performs these duties on a daily basis.    The unit also has a 24 hrs, 365 days response requirement with the MASS Unit and responds regularly to support the GFD’s everyday operational activities and the Incident Command System (ICS).  The MASS unit is a federally funded unit which consists of two vehicles equipped with response equipment.  This equipment includes incident response, incident safety, and firefighter rehabilitation and vehicle extrication equipment.  Examples of work performed include long term search and rescue operations, structure fires, HAZMAT and Incident Command Post (ICS) operational functions; as well as multi unit/multi-agency training exercises.  The section’s personnel also fulfill manpower shortages outside of the MASS program.  The duties performed by the personnel are listed by the work that they perform in addition to the duties that are assigned them as part of their collateral headquarters assignment.  

Unit personnel perform firefighter duties based upon their qualifications during their 24 hour work schedule as well as performing these duties on a 24 hour “on call” schedule 365 days a year.  This unit’s personnel are also subject to work schedule alterations based upon the needs of the Guam Fire Department and have many times responded to alarms on regularly scheduled off duty days.  The following are the duties and qualifications of assigned unit personnel.

Fire Captain Edward L. Flores:  MASS unit, Fire inspections (National Fire Academy trained), Fire Investigations (National Fire Academy Trained), Engine officer in charge (Pro Board Fire Officer II Certified), Fire Service Instructor (Pro Board Certified), Incident Safety Officer (Pro Board Certified), Health and Safety Officer (Pro Board Certified).

Fire Lieutenant Joey C. San Nicolas:  MASS Unit, Advanced Life Support (ALS), Emergency Medical Technician Instructor and ALS Instructor, Acting Officer in Charge Fire Suppression, Fire Service Instructor (Pro Board Certified), HAZMAT Instructor (Pro Board), HAZMAT Specialist, Confined Space Rescue Technician, Coxswain (USCG Certified), Open Water Dive Certified (PADI), Rescuer CPR instructor (American Heart Assoc.),.

Fire Lieutenant Philip J.E. Camacho:  MASS Unit, Officer in Charge of Communications/E911, Emergency Medical Technician, Acting Officer in Charge Fire Suppression, Fire Service Instructor (Pro Board Certified), HAZMAT Operations (Pro Board Certified).

Fire Lieutenant Edward C. Artero:  MASS Unit, Emergency Medical Technician, Jaws of Life Instructor Training, Acting Officer in Charge Fire Suppression, OSHA General Industry Instructor, HAZMAT Technician, Rescue Diver Certified (PADI), Rescuer CPR instructor (American Heart Assoc.).

The following are major projects which are being handled by the Special Projects Section in addition to the fire service duties as stated above.  Please note that these projects are “conceived and executed” by this section utilizing alternate funding sources, new revenue streams, and federal monies; with almost no expense to the Government of Guam.

US Department of Transportation (USDOT)/National Highway Transportation Safety Administration (NHTSA), Grantee Guam Office of Highway Safety (DPWOHS):

Vehicle Extrication Project:  Conducted Vehicle Extrication Instructor Trainer Course and Certified 11 GFD members as instructors in the use of “Jaws of Life” and other extrication equipment (also extended course participation to US Air Force Fire Department (2 slots).  GFD/DPWOHS purchased 1 set “Jaws of Life,” Combi-tool and power unit, as well as other associated equipment in excess of $70,000 during Fiscal Year 2010.   Project completion temporarily delayed awaiting the programming of grant funds by BBMR.  The program received a donation of 5 reciprocating saws via Firefighters Organization for Activities and Moral (FOAM) to equip response units.  Full scale training and certification will resume upon funds availability from BBMR.

Child Vehicle Passenger Safety:  Had certified 3 personnel in child safety restraint inspection and installation, to include 1 instructor trainer certification.  Participated in several outreach activities and training courses.  GFD continues to support this program with assembly demonstration and unit stand-bys.

Vehicle and Pedestrian Safety Education:  Included traffic safety message in Fire prevention week activities and distributed safety literature (fire and traffic safety coloring books) and other items to children in conjunction with Fire Prevention week and other safety forums.  Presented child safety restraint message in the form of a commercial in conjunction with DPWOHS and other public and private organizations.

Drunk and Drugged Driving (3D) Campaign:  GFD is currently a participating member in this years’ campaign providing support to this program with assembly demonstration, extrication demonstrations and displays, and unit stand-bys.

US Department of Interior:

Compact Impact 2005/2006:  Funds were scheduled to be expired on September 30 2009.  Funds extension requested and granted.  Scope of work also changed to allow for procurement of vehicles and equipment to meet allowable extension deadline of December 31, 2009.  Items procured were 4 Ford crew cab trucks, 2 jet skis with trailer, 2 sedans, 2 cargo vans, 1 Maintenance Truck with approximately $15,000.00 worth of tools, and other emergency response equipment.  The vehicles were purchased to serve as response and operations vehicles.  Grant completed in April 2010.

Compact Impact 2009:  $1,000,000 fund broken down to repairing ambulances/emergency vehicles and Fire truck purchases.   $240,000 set aside to repair ambulances, purchase 2 Advanced Life Support Vehicles (ALS) (Arriving in latter part of March 2011) and repair/convert a Fire Truck into a HAZMAT vehicle.  $760,000 set aside to purchase 2 custom cab-type fire Trucks.  Apparatus are currently up for bid.

Compact Impact 2010:  $750,000 set aside to purchase 3 commercial cab-type fire Trucks.  The fire truck specifications are currently undergoing final review by Attorney Generals (AG) Office.  Apparatus are currently up for bid.

Compact Impact 2012:  $2,200,000 requested to purchase 2 high rise apparatus.  These apparatus are 

tentatively specified as 100 feet Aerial Ladder trucks.  Approval for this grant is still pending.

Wild Life and Fisheries/Ritidian Point Refuge:  Equipment received from the Ritidian Point refuge was to aid in water borne rescue operation for the Ritidian facility.  Equipment received in 2009 consisted of 2 “Rescue Rocket” Personal Flotation Device (PFD) launchers.  2010 equipment consisted of 2 marine portable radios, 2 type IV PFDs, 2 throw ropes and 9 type II PFDs.

US Department of Agriculture:

2009 Rural Development Grant $59,000:  GFD purchased 5 Semi-Automatic External Defibrillators (S-AED) and 1 dually crew cab truck for use by Rescue-1.  A camper was donated by GTA for use with the truck.   Equipment has been distributed to the appropriate units and the grant is completed.

2010 Rural Development Grant $200,000:  Currently requesting funds to purchase 2 ambulances at approximately $100,000 each (equipped).  Applications have been submitted and are being processed.

Pumper Truck Transfer:  from US Navy Fire to include MOU preparation.  Vehicles currently in GFD inventory and MOU is complete with all necessary signatures.  Vehicles are registered and are anticipated to be placed in service by 18 March 2011.

Public Education Program:  Office currently working on joint fire prevention education package with Forestry division as well as joint training opportunities.  Approximately $40,000 for education program and is expected to be renewed and doubled in next fiscal year.

Office of Homeland Security:

Respiratory Protection Project 2008:  All quotes and specifications have been submitted.  A requisition order has been posted by GHS at GSA.  Request is for personal Self Contained Breathing Apparatus (SCBA) masks to meet OSHA standards and other Federal safety requirements.  Also requested are voice communications amplifiers, Respirator Adaptors, SCBA sets, and repair parts.  Total request for respiratory protection/life safety equipment is $314,000.

Buffer Zone Protection Program 2009:        $207,109.76 is allocated for equipment for infrastructure response and protection.  Request includes HAZMAT/CBRNE detectors, communications equipment and various rescue devices.  Unit is currently preparing Requisition order.

Buffer Zone Protection Program 2011:        Memorandum of Understanding signed allocating $93,800 in equipment for infrastructure response and protection.  Request includes HAZMAT/CBRNE detectors, communications equipment, extrication tools, and various rescue devices.  

Code Enforcement Reference Materials:  $13,000 of material requested due to code change from Uniform Fire Code (UFC) to International Fire Code.  Reference list submitted with quotes.  GFD is waiting for requisition of items by GHS office.

HAZMAT References:  References requested for response unit resources.  Reference list submitted with quotes.  GFD has received from GHS office.

Please refer to attached for details on programs.

Federal Emergency Management Agency (FEMA)/US Fire Administration (USFA):

2006 Assistance to Firefighters Grant (AFG):  GFD purchased $329,000.00 of Personal Protective Equipment (PPE).  Grant closed in September 2010.  Reimbursement of funds completed to GOVGUAM in October 2010.  All GFD personnel were outfitted with complete turnout PPE in 2008.

2008 AFG Station Construction Grant (SCG)/American reinvestment and Recovery Act (ARRA):  Denied

2008 AFG Station Construction Grant (SCG):  Denied

2009 AFG Fire Prevention Grants: Denied

2009 SAFER Grant:  Denied

2010 SAFER Grant:  Submitted awaiting review.

2011 Fire Prevention and Safety, Assistance to Firefighter Grant:  Submitted awaiting review.

International Fire Code Fees and Fines Programs:

Currently the Fees and Fine Program is underway by committee chaired by this office.  We are approximately 70% completed with an anticipated draft completion of March 15, 2011 and Citation submittal to the court on that same day.  The fee schedule includes inspections, plans review, permits, and services fee.  We currently are registered through the court system for citations under the Uniform Fire Code.  The citation’s training is completed and the system for citations has already been tested.  GFD has received revenues already through this program.  What is pending is the conversion of UFC violations to IFC codes.  

GFD Fire Protection/Prevention Library and code sets:  Currently the Guam Fire Department is in possession of approximately $20,000 of code and fire protection publications to include the full set of all NFPA codes and various code handbooks, public education videos and references.  The code library is to be set up by the training section for access by all firefighters at the training room.  The Fire Prevention Bureau has also received a sister set to aid in code enforcement.

Medical Billing, Ambulance Fees:  This section has worked on ambulance billing specifications and contracts in conjunction with GFD Administrative Services Officer to complete billing requirements for ambulance services. This project was required by legislation in 2006 and near completion with a contract awaiting signature by the Governor.  This program is anticipated to bring in over $600,000 in revenues to the GFD by the end of 2011. 

Emergency Medical Dispatch Instructor Certification:  Five instructors were recently certified by APCO (Association of Public Safety Communications Officials) as EMD instructors.  This was an accelerated course and reciprocity was used to attain instructor certification (Pro Board Instructor I). Contract also includes update of dispatch guide cards to match EMS protocol and medical direction.  Anticipated date for EMD certification of E911/Dispatch personnel by May 2011.  EMD personnel expected to achieve EMD instructor certification by EMD (civilian) personnel upon their completion of EMT Course.

Emergency Medical Dispatcher Career Ladder:  This section has been in direct communications with D.O.A. since last year trying to establish a career ladder for our EMD’s. Currently the EMD position is the only one in GFD that has no direct upward mobility. There was some progress; however it is on hold at this time due to the initial implementation of the recent Hay Study, and then its eventual rescission.

Fuel Cards:  Early last year, this section was tasked to update the fuel cards issuance. There was progress made, however, all documents concerning this issue were returned to the GFD buyer by then-Fire Chief Peredo. In January of this year, once again, the task to facilitate the fuel/gas cards were brought to this section to be completed.  The commanders were tasked to provide lists of personnel who need cards, whether lost or damaged. The commanders were also to decide which service members were to be issued gas cards as well.

Pro Board Certification:  In conjunction with the Training Office, F/C A.S. Arceo, and AAFB Training Officer, Asst. Chief Stanley Torres, we have picked up Pro-Board Certifications with the plan to certify all GFD fire fighters with this certification. This is to help us as a department achieve in meeting what is the National Standard.  

GHURA:  Last year, our unit worked diligently along with the former Fire Chief and his management team (Asst. Chief Uncangco and the Commanders) and with GHURA officials after receiving the GHURA Community Block Grant to have a new Agat Fire Station built. Late last year, the new Station 5 opened its doors to serve the communities of Agat/Santa Rita, and the island as a whole. This year, we are once again applying for this block grant in the hopes of building a new station on either Rt.15 (back road to Anderson AFB) or Rt. 9 (Anderson AFB to Agafa Gumas area). Deadline 4/25/11.

To satisfy an agreement that the GFD and GHURA has had, this section has been working on converting the old Eng-12 (Darley) into either a heavy rescue, or HazMat vehicle.  The importance of this is because it was GHURA who purchased the Darley truck to be housed at Sta-12, and GFD agreed to have a pumper there since its breakdown. One of the new trucks should be assigned to Sta-12, but in the interim we have housed a scout unit, and now a responder. One of the recently received Navy pumpers should be assigned there until the new truck comes in.

Head Quarters and Facilities Bill:  There is a bill in the legislature (Bill 301-30 COR) that basically states to build a Head Quarters for GPD and GFD. The initial bill submitted a few months before the general election last year was submitted as “GFD Head Quarters and Facilities.” In his revision, Senator Palacios took out the “facilities” portion in the heading, but the meat of the bill states it. GFD has never had a true HQ. We have been basically nomads: Pedro’s Plaza, Sunny Plaza, Station 2, Tiyan, and now the DNA Building have all been used to  house our HQ. The goal is to build a permanent HQ and within its compound have the vital facilities that will make even prouder fire fighters. They include: a state-of-the-art E911 Center, Training Office and Field (EVOC, Burn Pit etc), Prevention Office with arson investigation capabilities, and possibly a fire house. All in one compound.

GCC MOU:  Currently there is an MOU signed by the acting Fire Chief, and the GCC President that is awaiting review and signature by the AG’s Office and the Governor. The MOU is to have the GCC auto/body shop assist the GFD by allowing their students and instructors work on our ailing fleet of vehicles.

This will help in our government’s cash crises because the GFD will only be paying for parts and not the labor involved.  It is a win-win situation for both GFD and GCC because we will be providing the vehicles that the students need to work on in order to get their certificates (instructors will evaluate and authenticate work done by students, and some have been willing to volunteer their own time to help with repairs), and GFD will be able to have more response vehicles road worthy.

Communications:  Last year, this office was able to procure 125 portable batteries for our radios. This came at a needed time because the older stock was not holding charges. Mr. Paul Rolinski was tasked with issuing the new batteries out to the stations, retrieving the old stock for reconditioning and general servicing; with the eventual re-issuing of the reconditioned stock back out in the field.

We were also involved with the 11 mobile unit radio installs by Motorola. M.A.S.S. units, commander’s vehicles, and some EMS units had new radios installed.

Other Items: 

This is a list of equipment that our section was responsible for: Hydrant wrenches, spanner wrenches, Fire Maxx tools, rescue kits, winches, chains, 1 ¾” hoses, K-12’s with cases, Sawzaws (donated by F.O.A.M.), campers for rescue vehicles (donated by G.T.A.), sledges, clappered Siamese (Storz), AFFF foam and Class A foam, come-a-longs, sirens, siren boxes, light bars, ALS AED batteries and others items I may have forgotten.

This section has been aiding the maintenance section since our fleet crises began, and is still involved as it continues. We have been and should continue to be involved with issues that concern our department. Should you have any questions, please feel free to contact me, or any of the upstanding lieutenants in the Special Projects Section. The phone number to the Guam Fire Department Special Projects Section is 671-472-3422.

Well that is quite mouthful from Capt. Flores. But you can tell that his crew is very busy. If this outfit was replaced by civilian workers, do you really think that those civilians would be able to do all of this work to the extent that these firefighters have? I will leave that up to you.

One other item that I would like to add is that this past year, this unit has accounted for approximately 4.8 million dollars worth of federal grants into the GFD coffers and saved the Government approximately another $475,000 worth of salaries that would have been paid to civilians hired to fill these job billets.

So ask yourselves this question, do you think that you have contributed $5.2 million to the government's economy? If not, then you have no room to criticize any of the men in this unit.

Are they worth their weight in GOLD??? I will leave that up to you to decide. One thing is for certain, they are definitely worth their meager salaries.....many times over.

Until next time....

Overtime owed to GFD firefighters since the 80s????

After reading the story in the KUAM online news Friday, March 18, 2011, about the Guam Police officers winning their class action suit for overtime owed, it reminded me of all the money that is owed to GFD firefighters since the 1980s. Remember when we worked 122.5 hours per pay period and we were only paid for 106 hours. I contended that we were owed for that 16.5 hours that we were not compensated for every payday and payable at time and one half. Nobody seemed to want to join in on that action. Well at least GPD (Guam Police) took action and won.....Here is the news article by Mindy Aguon:

Officers seeking OT as far back to 1990s

Mar 18, 2011 3:29 PM

Updated: Mar 18, 2011 3:29 PM

by Mindy Aguon

Guam - Officers with the Guam Police Department continue their class action lawsuit as they seek compensation for years of working beyond 40-hour workweeks without receiving overtime pay. Police officers work 43 hours a week, but had only received regular pay instead of OT for the additional hours. 

A Guam Supreme Court decision found that GovGuam was violating the fair labor standards act by not compensating law enforcement personnel overtime pay. The officers are represented by Attorney Dan Somerfleck, who says the class needs to be certified and the court must determine how many years the officers can claim for compensation since they began working the hours in the late-1990s.

A scheduling conference was scheduled for today but had to be continued until next month because the government's attorney was unable to make the hearing.  Another hearing will be held on April 15.

Here is the link to the Fair Labor Standard Title 29 Part 553: http://www.access.gpo.gov/nara/cfr/waisidx_03/29cfr553_03.html

Link to FLSA Title 29 Part 785: http://www.access.gpo.gov/nara/cfr/waisidx_10/29cfr785_10.html

Well you can bet your bottom dollar that I will be pursuing the overtime that is owed to me since 1987. One thing is for certain, if you never try you will never win.

Until next time....

Roundtable II. How did it go??

Roundtable II was held this past Monday, March 14th at 6:30pm at the Legislature Public Hearing Room.

I think everything went pretty smooth. Senator Palacios conducted the meeting very professionally, which was a big improvement over the first roundtable discussion held a couple of weeks ago.

His committee was there in full force. Those Senators were Tom Ada, V. Anthony Ada, Mana Silva Taijeron, Dr. Aline Yamashita, Chris Duenas, and Rory Respicio. 

Most of them asked the Chief a few questions and the evening went by fairly quick and uneventful. All of this could have been done in any regular meeting between two persons in an office somewhere. There was really no need for a roundtable discussion because there really was no discussion going on. It was all questions and answers to those questions from the Acting Fire Chief.

Well, now that this is all done, can we start getting down to improving Guam Fire so that better and more efficient services can be given to our island residents???? We've wasted enough time and money on this matter.

Until next time....

Would you vote to re-elect Senator Palacios poll results!!!!

The latest poll on my blog is over. The results are in. The question was: "If an election were held today, would you vote to re-elect Senator Palacios??"

The results are unanimous:  Yes votes: 0
                                  No votes:  20

Those results send a powerful message. Senator Palacios you are not doing enough!!!!!

But that being said, I am optimistic. I had lunch with Senator Palacios recently at the Seaman's Club (the old USO) in Piti (Guam for those of you elsewhere in the world). We spoke about the recent issues concerning firefighter compensation, fire apparatus, equipment, stations and stations supplies, ambulances, etc. He has vowed to amp up his efforts to help Guam Fire out. And I will do whatever I can to help this happen.

We even spoke about station tours with the Fire Chief. This would be a great opportunity for firefighters to express their sentiments directly to those that can implement change and provide funding appropriations.

Whatever happens, you can count on me to keep track of things and keep everyone informed on this blog and my email listing.

If you want to be included on my email listing, send your requests to me at: rdo1043@yahoo.com.

Until next time......

Roundtable Meeting Today!!!!

Just sending out a reminder to all of those persons out there who can make it down to the Legislature today:

Roundtable Discussion - A.B. Palacios, Sr.

WhenMon, March 14, 6:30pm – 7:30pm

WhereI Liheslaturan Guahan, Public Hearing Room (map)

DescriptionNotice of a Roundtable Discussion The Committee on Public Safety, Law Enforcement, and Judiciary, chaired by Senator Adolpho B. Palacios, Sr., will conduct a Roundtable Discussion on the following: -Continue and conclude the testimony presentation of Acting Fire Chief John Salas, relative to the practice of compensating 120 hours bi-weekly to the eleven (11) fire-fighters who are assigned to the DNA offices. For more information please call the Office of Senator Adolpho B. Palacios, Sr. at 472-5047/8.

Looks like the good Senator finally narrowed down his focus to one issue.  One other point of fact is that the Fire Chief had already concluded his testimony at the original Confirmation Hearing held on Feb. 14th. Sen. Palacios adjourned that hearing. It is a matter of record. It does not make any sense that this Roundtable Discussion indicates that our Acting Fire Chief is going to continue and conclude his testimony presentation. As I have mentioned, he already did that.

Make no mistake about it, this Roundtable is all about the Senator wanting answers to his concerns. This is not a problem I am sure. Let's be up front about things and perfectly open. Senator Palacios, say what you mean and do what you say. Don't be deceptive. You are in a position of public trust and you are making it very difficult.

Of course, that is just my opinion.

Until next time....

Senator Palacios and Rueben Olivas on the Ray Gibson K57 Radio Talk Show

Well it was Friday morning and another beautiful day on Guam. Ray Gibson, K57 radio talk show host, had his radio show going full blast again this fine morning. One of his call-in guests was Senator Adolpho Palacios.

Ray asked the Senator about the upcoming meeting at the legislature regarding the confirmation of Acting Fire Chief John C. Salas. Here is the link to that recorded conversation:

http://pacificnewscenter.com/images/stories/k57podcasts/audio/2011/031111_083850.mp3

Well everyone, if you listened to that conversation, it pretty much speaks for itself. One point of fact is that the memo sent to the Acting Fire Chief by Senator Palacios requesting his presence at this meeting on Monday, March 14th, at 6:30pm terms this meeting as a "Roundtable Meeting".

Why is the name important one might ask? The name defines the type and purpose of the of meeting to be held. Different government meetings have different requirements and guidelines to abide by as per statutes, legislative standing rules, etc. Some allow for public oral and/or written testimony to be presented and in other meetings public testimony is not required.

We just want to know. Now what is so hard about letting us know????

Until next time....

Senator Palacios is calling the stations...beware!!

Team GFD, guess what I found out? I have heard from a direct source, that Senator Palacios is calling fire stations requesting information about our station supplies, firefighting equipment, etc. All this without consulting with the Fire Chief's office to work in unison for a positive purpose.

If he is not working in conjunction with the Fire Chief's office, then it leads me to believe that he is up to something. I cannot say whether it is something good or something bad. I will leave that up to you, but I have my own thoughts on the matter. But I will tell you this, if he is not working in conjunction with the Fire Chief's office, which is the most appropriate method, then his method is stealthy to say the least. 

I think he is calling around looking for "bullets" to use against our Fire Chief in Chief Salas' bid for confirmation. What gets me is that if Sen. Palacios has firefighters calling him up complaining about the compensation of our uniform firefighters performing administrative functions and other things, like he has been saying, then why does he need to call around to the fire stations asking for more info?

A Senator can act on information received, but to solicit information from an agency's employees without the consent or in conjunction with that agency's Director is underhanded in my opinion. If Senator Palacios is that concerned about the current status of the Guam Fire Department, and he does not want to work with our Fire Chief, then he should call for and schedule an oversight hearing . That would be the proper way to do things.

To further illustrate Senator Palacios' actions, he called one station, and introduced himself to the firefighter that answered, who was not the Officer-In-Charge, and told that firefighter that he was taking a survey. Senator Palacios asked questions about our station supplies. How often do we receive the supplies. There were other questions to include questions about our manpower. Senator Palacios asked how many fire stations do we have and the firefighter told him that we had 12 fire stations plus the "rescue". At that time Senator Palacios remarked words to the effect of, "See, they could put those 11 firefighters at each station. You know, Chief Mike Uncangco and those guys are full of shit". Those were the exact words that the firefighter told me that Senator Palacios used. That firefighter, whom I elect not to identify, told me that if he needs to testify to those statements and any other part of the conversation, he would.

Well, need I say more? Here is a Senator using (alleged) that type of vulgar language to a Government of Guam employee, who he does not even know, regarding one of our Fire Chiefs and other fire personnel. Is this the behavior that one would expect to come from a Guam Senator? I think not, nor would I trust someone like this.

Later I was informed that Senator Palacios had paid a personal visit to another fire station asking questions specifically regarding the personal opinions of fire personnel towards the uniform firefighters working administrative duties. I verified this visit . Again, all this without the acknowledgement and approval of our Fire Administration.

Well, all I can say is something does not smell right. I guess if it walks like a duck and quacks like a duck and looks like a duck, it must be a duck. And that is putting it in a nice way. But then again, these are all just my opinions.

Until next time....

Senator Palacios calls for another "Roundtable Discussion"......

Senator Palacios is calling for another "Roundtable Discussion" this coming Monday, March 14th starting at 6:30pm at the Guam Legislature Public Hearing Room in Hagatna. At least that is what it is being advertised as. I did not see this hearing listed on the Legislative Calendar. But, like the first "discussion", this may turn into a continuation of Chief Salas' confirmation or another all out "oversight hearing" like the first meeting.

Senator Palacios was not able to question Fire Chief Salas at the first "Roundtable Discussion" held this past Thursday, March 3rd. The Fire Chief had been out sick and was not able to make it. But the Chief has indicated that he will be there. I am hoping that this discussion will in fact be just that, a roundtable discussion that will discuss and clarify and possibly rectify any pressing issues that the good Senator my be confused about regarding firefighter compensation.

We shall see what happens. In the meantime, all of you out there in blog land, put March 14th on your calendars and be at the legislature at 6:30pm Monday evening. It should prove to be very interesting to watch. If it does turn out to be a continuation of the Fire Chief's confirmation hearing, then it must be open for public comment.

Until next time....

Senator Palacios holds a roundtable "oversite" on firefighter compensation

This past Wednesday, March 3, 2001 I attended as well as many other firefighters the roundtable discussion that was supposed to address numerous issues regarding firefighter compensation. This roundtable discussion was organized by Senator Palacios. In my opinion it was a farce. Well maybe farce is not the proper word as there was really nothing funny or comical about this attempted political assassination of our Fire Chief candidate John C. Salas. Here is my personal observation and opinions of what I saw and felt. I also offer some clarification and recommendations on some of the issues.

Senator Palacios’ sent a letter to the Fire Chief asking him to attend the roundtable discussion. The following items were on the agenda:

1. The compensation policy for leave time

2. The 61-hours “non productive” bonus pay to firefighters on leave status

3. Compensation policy of 106 regular hours plus 14 hours overtime, when does it apply (ref: 4GCA section 6219)

4. Firefighters’ entitlement to the special pay although assigned to administrative duties relative to (ref: 4GCA section 6219)

5. And other matters of compensation to firefighters.

There were actually two letters sent out. The major differences between the two were that the first letter mailed on February 21, 2011 requested that the Chief be present at the discussion and that he bring his staff who may be helpful in addressing any issue pertaining to firefighters compensation, relative to established policies. The second letter dated February 24th, just 3 days later, changed the Fire Chief's staff that were allowed to attend and requested for only an assistant fire chief and the department's payroll officer to attend.

This change in requests sent red flags up in all directions to me. It appeared to me to be just another form of censorship.

As the roundtable discussion progressed, Senator Palacios, somewhere along the line transformed this roundtable discussion from a discussion that was supposed to address "whether some compensation practice is authorized by law or not" as Senator Palacios stated, to an "oversite" discussion that was a continuation of Chief Salas’ confirmation hearing.

I felt this caught everyone off guard. It wasn't brought up until during the course of the hearing when it first came for Assistant Fire Chief Uncangco to give comment. That is when Sen. Palacios told him that he really did not want or need Chief Uncangco to comment because this hearing had to do with the confirmation of Chief Salas, or Mr. Salas, as Sen. Palacios referred to Chief Salas. It would not do any good for Chief Uncangco to give comment because Sen. Palacios wanted to hear the comments coming from Chief Salas. At one point Sen. Palacios stated that it was really not necessary for the Fire Department to be at the meeting because he already had all the facts and that all he really needed was for the Fire Department’s ASO, the Administrative Services Officer, to be on hand. He almost excused the fire reps from the meeting. Can you believe that? This is supposed to be a roundtalbe discussion about numerous inquiries on the pay policies of the Guam Fire Department and the Senator did not even want the fire officials to be there. He just wanted our ASO, Marilyn Aflague to be there. She is not even a part of making pay policies at the Guam Fire Department.

Luckily other senators present on his committee spoke out and recommended that the meeting be postponed until Chief Salas was available. It appeared Senator Palacios didn't want that to happen so he continued with the discussion. However it was more of questioning the fire officials then discussing. The situation was unbelievable.

Apparently the good Senator really did not need answers to the agenda items as he said he already had all the facts. If he had all the facts then why did he need to call for this roundtable discussion? Why didn't he just call for a hearing that he really intended to have rather than disguise the main purpose? And since when does any body ever call for a continuation of a confirmation hearing when there was already one that had taken place? On top of that, all confirmation hearings are public forums and open for public comment so how can Senator Palacios changes the rules and laws of Guam by not allowing for public comment? Does he think he is above the law?

There are a lot of questions that Senator Palacios should answer. Maybe there should be an oversite hearing on the way Senator Palacios conducts his business. Is this meeting really a roundtable discussion or an oversite hearing on the Fire Chief?

So as it stood, the purpose of the roundtable discussion had changed from its original notification as to discussing and clarifying firefighter compensation problems to a continuation of Chief Salas’ confirmation. And  Senator Palacios appeared very crafty controlling which direction the questioning went. It looked like he guided the discussion and he cut off many answers that the fire officials tried to give. It is all on DVD.

The bottom line here is that, in my opinion, it was obvious that Sen. Palacios had his own agenda. During this meeting, as I stated earlier, he guided all the questions towards the direction that he wanted the discussion to go and that was to show that firefighters working administrative duties are not supposed to work more than 80 hours per pay period and that firefighters in headquarter were illegally being paid for hours of work that they were not performing. That was the single issue that this whole roundtable discussion was all about.

It did not address the compensation policy for firefighter leave time nor the so-called non-productive bonus pay as the Public Auditor describes some of the firefighters leave hours.

The meeting did not even discuss the general application of the compensation policy regarding the rate of compensation of the payment of the 106 hours of work and the 14 hours overtime and when it applies.

Everything was really geared towards the uniform firefighters working collateral administrative duties and the way they were being compensated.

And I noticed just about everytime Chief Uncangco tried to explain how firefighter work hours actually work, what type of working schedule firefighters actually work and how firefighter leave policies work and are applied, Sen. Palacios would basically cut off his attempt to discuss these items and redirect the focus on the firefighters working administrative duties issue.

So it was obvious, as I mentioned before, that the discussion was only going towards that one direction. In my  opinion and many other firefighters that I talked to after this meeting, this was a complete sham.

And the ironic thing about this was that Senator Palacios just wanted to know what the policies were of Chief Salas, who has only been at the helm of the Department for about two months. We all know that Chief Salas is still assessing the operations of the Fire Department. He relies on his staff for guidance. Staff like Chief Uncangco and others.

Chief Salas was asked to do a job, and he accepted the challenge. He has been trying to garner a perception on the current operations of the Guam Fire Department. That is what any good and knowledgeable manager should do. Get in there, see how things are operating, make a few quick changes as you deem necessary, complete your audit and implement the major changes according to your timeline. I believe this is what he is trying to do. You cannot complete an assessment on a department this size with so many problems and issues that we have in just a couple of months. We have many issues as you well know.

On top of this everything that is happening now also happened during Chief Dave Peredo’s time, basically 2007 thru 2010.

It appears that Sen. Palacios didn’t seem to have any issues with these same policies and procedures going on then under Chief Peredo, so why just now. I can tell you why, it is my opinion that he does not want Chief Salas to be confirmed as the Fire Chief. He told me directly that he will not vote for him. And again it is my opinion, through discussions and observations, that he is doing whatever he can to make Chief Salas look bad. From the KAL crash where he questioned him about stolen items to his policies now. I mean what does anyone really want Chief Salas to say right now? He has been retired for 14 years. Give him a chance to operate.

But getting back to the meeting, I would like to touch on comments made by the public auditor. Now I must admit that I have voted for the Public Auditor every election. I have the utmost respect for her. She and her staff do an outstanding job in my opinion and I will continue to vote for her, but I do take exception to a comment that she made at the meeting.

She said that under Guam law, firefighters assigned to administrative duties and working 80-hour weeks are entitled to pay for 106 hours. She also said that even though they have been reassigned, they’re still firefighters. The nature of the law says that firefighters are to receive 106 as their normal work week. Even though they’re only working 80 hours. So in effect the government of Guam is paying them an extra 26 hours, and now we’re paying them an extra 14 on top of that.

That statement is not a correct depiction of what the law states and what is actually happening at the Fire Department. The law is very clear and here is what it states:

Title 4 Chapter 6 subsection 6219. Firemen: Compensation: Annual and Sick Leave

(a) Notwithstanding any other law, rule, or regulation, firefighters within the Guam Fire Department, except the Fire Chief, shall be compensated at the regular hourly rate of pay at one hundred six (106) hours, and shall be compensated at one and one-half (1½) times the regular hourly rate for hours worked in excess of one hundred six (106) hours per pay period. Firefighters who are working administrative duty shall work eighty (80) hours per pay period at their regular rate of pay in the same manner as other government of Guam employees and at one and one-half (1½) times their regular hourly rate only in the event that they work in excess of one hundred six (106) hours in a pay period.

(b) All hours of work performed by firefighters during a legal holiday shall be compensated at double the regular hourly rate, irrespective of work shifts, provided, however, that work performed on such a holiday in excess of nine (9) hours shall be compensated at the regular hourly rate.

(c) Firefighters shall be charged no more than nine (9) hours annual leave or sick leave for any given day on which such leave is taken.

(d) All other laws, rules, regulations applicable to firefighters not consistent with this Section shall remain in full force and effect.

This statute does not say anything about how many hours a firefighter is supposed to work in any assignment. It does not even identify the length of the firefighter's work period, be it 80 hours, 106 hour or 120 hours. This law only refers to the rate of compensation for firefighters. Nothing more or nothing less.

The public auditor implied in her statement that the firefighters working administrative duties are working only 80 hours and getting paid for 106 hours and sometimes 14 extra hours without working them. She also stated that these firefighters are only supposed to be working 80 hours per pay period according to the law. I think that is pretty obvious. And it is also the farthest from the truth.

Let me explain the hours and work schedule of a firefighter on the Guam Fire Department for those of you who are not firefighters. We work 120 hours every pay period which is a 14 day period. This work period has been identified by the Fire Chief as well as past Fire Chiefs. We do this by working five (5) 24-hour shifts in that period. So we work 24 hours on and 24 hours off. Our shift starts at 8am one day and we get off the following day at 8am. We are relieved by another shift. The department works with a two (2) shift rotation, an A shift and a B shift. Because each shift works 7 days in a 14 day pay period, we also get two (2) shifts off. If we didn't take those two shifts off, then each firefighter would work seven (7) 24-hours shifts in a pay period and that equals a total of 168 work hours. That would mean that each firefighter would have to receive 62 hours of overtime because the Fair Labor Standards Act, a federal law that applies to Guam, states that firefighters must be paid overtime for all hours worked over 106 hours in a 14-day work period. So in order to alleviate most of the overtime paid to firefighters, we only work the five (5) shifts.

At one point back in the mid 80's, we did try working only 4 days on with 3 days off, but with the extra day off we were short of manpower and had to pay personnel overtime to maintain the proper staffing on the emergency response vehicles. Also a study was done on this staffing issue to determine which staffing scheme was the most cost effective and it was determined that our current work schedule was the most cost effective. So in 1987, we changed over to the 24.5 hour work shift (7:45am to 8:15am) for five (5) work shifts each 14-day work period which also included 2 days off. In 2001, our work shift was shortened to a flat 24-hour shift with the same number of work days and days off in the 14-day work period (120 hours). It has remained the same ever since. We have never worked a 106-hour work period so I don't know why some non-fire personnel refer to our work period and work week as 106 hours.

The big issue that was the main topic of concern in this hearing was the compensation of the uniform headquarters staff. Senator Palacios went on record to say that he felt there were illegal activities occurring and that some of the staff were not working the hours that they said they were. He also said that he felt the uniform headquarters staff were only supposed to work 80 hours per pay period by law.

The Public Auditor, Doris Flores Brooks, was even clearer as I wrote earlier. She said that she felt the firefighters are only supposed to work 80 hours, but that the law said that firefighters are to be paid 106 hours every pay period and were also getting an extra 26 hours of pay and another 14 hours of pay on top of that even though they are not working those extra hours.

The other issue is that our ASO would not certify any hours over 106 unless there was no log or proof of the hours worked and an overtime pay request with the justification for that overtime worked and claimed.

Well with the concerns of Senator Palacios and the Public Auditor, their points regarding the law are mute. We have already covered those points. The law they reference, that I posted earlier in this blog post, only pertains to the rate of pay of firefighters and does not mandate who is supposed to work what hours.

With regards to questioning the work hours and the overtime claimed by the uniformed headquarters staff, this is what I have to say on the matter.

The law, (4 GCA Chapter 6, Sub-Section 6219 (a)), does not limit any firefighter to work any hours that are necessary. If they work any hours over 106 hours in a pay period, then they must be paid overtime. Federal statute also states the same basic principle. The local law does not differentiate from a firefighter working in the field or working collateral duties in the field and administratively. GFD does not have any written policies depicting the same nor does Gov Guam Department of Administration.

With this in mind, two points were made by our ASO and supported by various members of the roundtable. One is that if a headquarters uniform personnel is to work any hours in excess of 80 hours they must be able to prove that they worked those hours. And if they were to claim the 14 hours overtime, they must submit an overtime claim form with justification.

Here is what I have to say on that matter. First of all there are no policies in place at GFD requesting for different policies to be in effect for the field personnel and those assigned these collateral duties. The field personnel are not obligated to submit a log book or any other "proof" that accounts for their work details for the work hours in excess of 80 to include the 14 hours overtime. And the field personnel do not fill out a request for overtime nor the justification for same of the 14 hours of overtime worked every pay period. This overtime is what is termed customary overtime by FLSA and Federal Courts. What that means is that it is overtime that is worked every pay period. So why are different demands being made to the uniform admin staff and the field staff? The answer is obvious. There is a need to account for the uniform admin staff's hours due to their irregular working assignments. Well then if that is the case, how about writing and adopting some official pay policies at the department level. Without policies written down, they simply do not exist. 

The other issue here is that our ASO herself, Marilyn Aflague, is reducing the pay of both uniform admin staff and field staff, without written policies and without consulting the supervisor if she has any questions regarding a particular time sheet. If a time sheet is turned in with a typical 120 hours of compensation, and if that person is on leave, she reduces them down to 106 hours. Well, no one can legally alter a time sheet without the consent of the supervisor who signed it as he is the one who verified the work times indicated. Plus the time sheet is a legal document and altering a legal document can be considered fraud and/forgery as per California law. We work in a semi military organization. We have a chain of command and that chain works up and down in the same manner. If our ASO has a problem with a particular time sheet, then she needs to send it back down to the supervisor for remedy. And hopefully her request is backed up by some type of written policy. As the situation currently stands, this is not happening and the ASO is not even using her payroll clerk to handle these matters. She appears to be micro managing these events. 

The other matter here is that when the ASO decides to only certify funds on a time sheet for a lessor amount, in other words 120 hours worked but only certifies 106 hours, she then has literally place that employee on a leave without pay status or an absence without leave status. Either way she has deprived that employee pay because she decided she did not want to certify certain hours and all this without any written policies. By doing this she has broken many local DOA rules and regs, local and federal statutes. Let me explain.

DOA rules and regs state with regards to leave without pay must meet certain requirements. Leave without pay is a temporary non-pay status and an absence granted in response to an employee's request. Leave without pay covers only those hours which an employee would otherwise work or for which he/she would be paid. The employee must have exhausted all his or her annual and sick leave. So basically, the employee must request for this status and when their current annual or sick leave is not sufficient to cover the period of absence involved (DOA rules and regs chapter 8, section 8.600 and subsequent sub sections).

Classified employees within the Government of Guam have paid leave benefits. If an employee goes on leave, they do not lose any pay. That leave allows for the full payment of that particular day on leave. So if an 80-hour employee takes one day leave, then that employee stills receives a full 80 hours of compensation and not 72 hours worth. When a GFD firefighter, who is a 120 hour employee, takes leave they only get 106 hours of pay. This is done by our ASO and again without any current DOA or GFD policies. She only certifies 106 hours of pay and DOA Payroll will only pay what is certified. As a matter of fact the current GFD policy, per Assistant Chief Mike Uncangco, is that all firefighters are to be paid for 120 hours even when they are on an approved excused absence. There is a current memo from the Fire Chief on this matter.

This is consistent with federal law, Fair Labor Standards Act. The act identifies hours of work as all time spent by an employee performing an activity for the benefit of the agency and under the control or direction of the agency. Also included in hours of work are hours in a paid nonwork status such as paid leave, holidays, compensatory time off, or excused absences. FLSA further states that time that is considered hours of work shall only be used to determine an employee's entitlement to minimum or overtime pay. 

Basically firefighters who work 120 hours with all hours over 106 to be paid at an overtime rate, must also be paid their full pay even when on the above identified authorized excused absences, again to include overtime incurred. This issue has been upheld by many court cases. Two of the more prominent are Lanehart v. Horner, 818 F.2d 1574 (Fed.Cir. 1987) and Lanehart, 818 F.2d at 1582.

So, as I have shown, the statutes, mandates and provisions on leave of absence and overtime pay (DOA Rules and Regs Chapter 7) have been violated many times over, all without written policies, by our ASO. And those who suffer from this administrative confusion are the firefighters and their families. We also must remember that the paid leave benefit is a condition of our employment contract. And I do not remember reading anywhere that when you are on paid leave that only a portion of that day will be covered by paid leave and the rest unpaid absence.

Just a point of information, there are complaints against our ASO, Marilyn Aflague pending, for these alledged violations.

It was also brought out in the Media recently, but not at this roundtable "oversite", about firefighters receiving "bonus pay" for 61 hours of non-productive time. I had no idea what this bonus pay or non-productive time was as we don't receive this pay or work any non-productive time. Due to my inquiries this is what I found out.

Firefighters are charged only 9 hours of leave per day as per 4 GCA Chapter 6, Sub Section 6219 (c). That is because of our 24 hour shift schedule. The problem with this lies with the computer system at DOA. The computer recognizes a day as a 24 hour period. So when a firefighter takes leave for one day, the input into the computer is for 9 hours. Now that leaves 15 hours excess on the computer after it subtracts the 9 hours from the 24. They multiply this 15 hours times 5 shifts and minus our 14 hours overtime and only consider the 106 hours and they come up with 61 hours. It is a quite confusing. This is called non productive time by DOA payroll personnel. And I am told there is no written policy on this matter. But that would need to be verified as I did not check with DOA Payroll. Anyway this time has nothing to do with our actual work hours or compensation. The Public Auditor also added her own moniker to this 15 hours and she calls it "bonus" time. It is just extra computer time. I would challenge anyone to show that one firefighter has received any bonus pay. It doesn't happen. We get paid for what we work and sometime we don't get our mandated pay for hours due. 

Again I bring to your attention that while lawmakers and administrators are still trying to figure these things out, firefighter's pay is being reduced, in certain circumstances, according to our ASO's personal perception of the issue and without proper written procedures. Again, the firefighters and their families suffer because of the reduction in their wages due to this administrative confusion. Something needs to be done. I have tried.

I met with Sen Palacios and gave him the Federal Laws and local mandates on these pay procedures as well as the personnel at the Office of Public Accountability and Gil Gilang, payroll administrator. I don’t know why these documents have not been taken into account or acknowledged. Nothing was brought up on these issues at the roundtable "oversite".

At the end of the day, with regards to the roundtable "oversite", Senator Palacios stated he felt good that they were able to address about 75%. of the issues. I had a hard time trying to understand this when only one out of the 5 agenda items were actually discussed in detail with no finite results or resolutions. Quite frankly, not a whole lot was actually accomplished.

One of the firefighters told me the reason why they call this a roundtable discussion is because things just keep going around and around. I have to agree with him.

What is the solution? Well I have a solution to this debacle. All we need to do is acknowledge and obey the current mandates and statutes in effect. But that is not on the agenda. So barring that let me say this, other than the personnel at DOA payroll Gil Gilang and his staff and Human Resources, Rose Cruz and her staff, who do a great job and I want to commend them for that, I issue a challenge to Senator Palacios and all the other major players, who can finally set these issues straight. Let us sit down and iron these issues out. I mean let us get into a room and not come out until everything is settled. I would even like the whole thing to be televised from the Legislature so that the whole island can watch the process. I challenge them all. Now someone may say I don’t have the authority to do these things, but who needs authority when you have the ideas and methods on how to straighten out this mess. Let those with the authority make the necessary changes in the proper way. And I will do this all on my own time at no charge to anyone. If the Government truly wants the people to get involved, I am here and I am ready. I have always been one to be involved trying to be part of the solution and I am ready again to take on the challenge. I will even take annual leave to do this. I just hope they don’t reduce my pay when I do.

Here is the link to my somewhat passionate interview on this roundtable "oversite" with Ray Gibson on the morning K57 Radio show:

http://www.pacificnewscenter.com/index.php?option=com_content&view=article&id=12073:ruben-olivas-and-sen-chris-duenas-with-ray-gibson&catid=52:k57-interviews&Itemid=151
If it doesn't play on your current browser like mine, then use a different browser. I was able to get this to play using the Firefox Internet browser.

Until next time....

Senator Palacios Accuses the Fire Department of Abusing Firefighter Compensation

Senator Palacios was on the KUAM News Sunday evening, February 27, accusing the Guam Fire Department of abusing the compensation paid out to firefighters. He further went on to say that, in his opinion, the extent of abuse is illegal.
Watch the news story at this link:  http://www.youtube.com/watch?v=Y1LAvTRw1vM