San Diego area Fire chiefs sign county contract, ’under duress’

July 5, 2009

In an about-face, the chiefs of all of the volunteer backcountry fire departments have signed a new contract with the San Diego County Fire Authority that will require all volunteer firemen to pass a physical exam to be able to continue to serve in the field. At a meeting June 16 in Ramona, the chiefs of six such departments had agreed “to stand shoulder to shoulder and not sign the contracts” for fear of losing experienced volunteers who might not pass a stringent exam. (The six included the San Pasqual Volunteer Fire Department, which is responsible for the outlying areas northwest of Ramona, including Highland Hills in Ramona.)
“We were all forced into signing the contracts and we did it under duress,” San Pasqual Chief Gilbert Turrentine said. He explained that they were originally told that they had until the end of the month to sign, but that Julian Chief Kevin Dubler was notified by county authorities on Thursday, June 25, that the contracts “had to be in Friday morning by 8 or the county would come in and take us over. So we had an emergency meeting in Julian Thursday night and decided that we had no choice but to sign.” Dubler, chief of the Julian Cuyamaca Fire Protection District, delivered the signed contracts from the holdout Zone 8 agencies to the county administration center the next morning, but they were accompanied by a letter, which said, in part: “We want to state, for the record, that we are signing this contract under duress. We have signed … as demanded by the new deadline. THIS DOES NOT MEAN WE UNILATERALLY AGREE WITH OR ACCEPT THE CONTRACT IN ITS ENTIRETY. There still exists a limited number of problems with this contract that need to be negotiated with the county. In signing these contracts, we await the meetings to renegotiate, in good faith, as promised by Ralph Steinhoff.” Steinhoff is one of two fire service coordinators for the county.
However, the Office of County Counsel quickly ruled that the attached letter “made our contracts null and void so we were forced to withdraw it,” Turrentine said. “But we remain hopeful that Steinhoff or someone else with authority will negotiate with us in good faith as promised.” Meanwhile, the county now has signed contracts from the volunteer departments, whose members will have to pass a physical to be a “county approved volunteer”—a requirement that has put some of the backcountry chiefs in a tough position. However, Turrentine on Monday got some good news. He had passed the physical, but was still on hold because of a back jury suffered in a fall from a fire truck three years ago. A doctor’s order stipulated that he could not lift more than 50 pounds; therefore, he did not meet the county’s standards. Turrentine, who is 73, was re-examined by his doctor on June 29 and received a clean bill of health. “He took all the restrictions off and gave me a doctor’s release so I should be good to go,” Turrentine said.
Likewise, things are looking good for Chief Cary “Dusty” Coleman of the Intermountain Fire and Rescue Department, which protects most of Ramona’s backcountry. Coleman passed the physical and the treadmill test on June 27, although he must wait about a week to get the results of his blood tests before he knows for sure. “But the doctors all seemed confident that I will pass,” he said. “That’s a relief.”
The future of other chiefs to continue as commanders in the field is not as rosy. De Luz Chief Michael Manchor has not yet taken the exam, but his assistant and one of his captains have quit and Manchor said he could lose as many as 22 more volunteers. Ocotillo Wells Chief Dan Johnson has passed everything except the stress test on the treadmill, “but they said I can’t get on it ‘cause I’d break it,” he said (because of his weight). Turrentine said the county could give Johnson “a lay-down stress test with chemicals,” but probably won’t because it is expensive. “They shouldn’t fail Dan (Johnson) if they won’t let him take the test,” he said. According to Turrentine, the Ranchita chief flunked because of a hernia, as did one of the San Pasqual captains. The Shelter Valley chief has high blood pressure and no insurance to treat it so his future is uncertain. The Mount Laguna chief does not want to take the physical and may step down to become the administrative chief “just to keep the department alive.” “But things run smoothly in the field when you have an experienced person there in charge,” Turrentine said. “If you’re stuck in a station, you can’t supervise.” From the county’s perspective, officials appear relieved and happy that the volunteer departments finally signed the new contracts. “It’s fantastic. I am really pleased,” said Ken Miller, the county’s other fire services coordinator. “We have a great group of volunteers. This situation was changing like a light switch so I’m really glad it worked out. I can’t stress enough that the volunteers are a critical component of our fire safety program.” But it’s clear that the county was planning, as promised, to continue to provide uninterrupted fire protection. For example, in Ocotillo Wells the county had brought in a portable structure last week to serve as a station and equipment to dig trenches for power lines and phone service to the building. Chief Johnson had already received a letter from the county, dated June 23, telling him that a county-owned fire engine and water tender would be picked up on June 30. That crisis seems to have passed—at least for the time being—but it’s still unclear how many volunteers will be lost. Turrentine has estimated that as many as 100 will refuse to take a physical because, if they do not presently have insurance and if they flunk, it could destroy their chances of getting insurance in the future. “I haven’t heard about that,” Miller said. “But if it was me and I had a problem, I would want to know about it. After all, this is a free physical, and, if I was told I had high blood pressure or high cholesterol, for example, it would be to my advantage to find out so I could go see a doctor and take care of myself. It’s better to know that you have a problem and try to get it fixed. If there’s something wrong, it’s probably not going to go away over time.” The idea that failing a physical exam could prevent someone from getting insurance in the future is debunked by Coleman.
“Under HIPPA (the Health Information Portability Protection Act), the detailed results of that exam are kept confidential and are only released to the candidate,” he said. “HIPPA protects that information and keeps an insurance agency from using it to deny coverage.” The volunteers who do not want to take the physical exams have also pointed out that 90 percent or more of their calls involve giving medical aid, not fighting fires, so it is not necessary to be in peak physical shape to respond to these kinds of emergencies. Miller disagrees with that position. “Rescuing people is a tough job at times,” he said. “You may be using a rescue basket in canyons, on sandy soil with unstable footing or on slippery slopes. Gurneys are very heavy. You are putting yourself at risk for injuries by lifting, twisting, using your legs and back to carry people.
“It’s a matter of your own well being and safety. And citizens expect firemen, whether they are career firefighters or volunteers, to show up healthy, physically fit and able to do the job so they don’t become part of the problem.” The differing points of view between county officials and backcountry volunteers came to a head last week at a board meeting of the De Luz Volunteer Fire Department attended by Steinhoff and Deputy Chief Steve Heil of CalFire. “There was shouting and lots of anger,” De Luz Chief Manchor said, adding that it was made clear that “we would be replaced and even shut down by the county. It was damned if you do, damned if you don’t. We ended up voting to sign the contract.” However, a clause states that either side can opt out of this new contract by giving five days notice to terminate the contract in 90 days, Turrentine said. So Manchor signed on what he calls “the 90-day trial.” “If at that time we still do not like it, we’ll opt out,” he said, “and be in the same situation as today.”

Story by: Ramona Sentinel

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