Was there Actually a “No Confidence Vote” by the Firefighters?

Last week, the firefighters’ union president sent out an email outlining the union’s position of no confidence in Police Chief Landy Black and Assistant Chief Steve Pierce, who were assigned to head the fire department’s administrative operations.

“The firefighters in the City of Davis have no confidence in the ability of Chiefs Black and/or Pierce to carry out the Fire Department’s primary duties to the community,” stated Mr. Weist’s email to the firefighters’ union, under the heading of “vote of no confidence,” which was subsequently forwarded to Landy Black and Steve Pierce.

“For the reasons specified above, and general discontent with Chiefs who do not possess any experience in fire service, morale within the Fire Department is at an all time low, and line personnel have lost trust in Chiefs Black and Pierce,” the communication continued.  “Of the 31 full-time permanent employees represented by the Davis Professional Firefighters, Local 3494, all 31 employees voted in support of this action.  They have reviewed the language of this vote of no confidence, and have directed us to send this to you in order to make sure you were aware of our concerns. “

In forwarding the email to Chief Black and Assistant Chief Pierce, Mr. Weist said, “Hard copy with all signatures to follow.”

That was sent at 10:27 pm on Tuesday, July 16.  It is nearly a week later, and the city has received no such copy, Chief Black and City Manager Steve Pinkerton confirmed with the Vanguard yesterday.

The message was a bit strange to begin with, as there are 36 full-time members of the fire department, so Mr. Weist seems to discount five of them.  But without the signatures, even a symbolic action seems diminished.

On Monday of last week, the city announced, “Chief Landy Black will  (remain) the Interim Public Safety Director and will have responsibility for the day-to-day operations of both Fire and Police.”

Mr. Weist cited four factors including lack of “experience of training in fire department management,” lack of “knowledge of current fire department policies, why they were implemented, and normal past practices of the fire department,” that they have “assigned an unqualified and improperly trained Fire Marshal to supervise emergencies.”  They write, “This appointment was made without warning or notice.”

Finally they write, “There has been a lack of communication, as well as major inexplicable changes in staffing, department policy, training, policies, organization and emergency operations.”

“For the reasons specified above, and general discontent with Chiefs who do not possess any experience in fire service, morale within the Fire Department is at an all time low, and line personnel have lost trust in Chiefs Black and Pierce,” Mr. Weist stated.

The city issued a press release late on Wednesday indicating it “was surprised on Tuesday evening to receive information about a “no confidence” vote by the Davis Professional Firefighters Union against the Fire Department’s interim management team.”

In a statement, City Manager Pinkerton noted, “It is somewhat unusual to have a ‘no confidence’  vote regarding interim managers.”  Mr. Pinkerton told the Vanguard the vote of no confidence would have no impact on city operations or the leadership in the department.  He declined to comment further, citing the ongoing labor negotiations and impasse.

He explained that these were temporary appointments to allow the city to complete its analysis of how and what level fire services should be provided for the future, an analysis that has included all the public discourse at five recent city council meetings and will continue as the ongoing study of fire operations and structure reaches completion in the coming weeks.

Mr. Weist also cited questionable legal authority as rationale for the vote of no confidence.

“California State Law is very clear about the required qualifications of a City Fire Chief.  Government Code section 38611 requires that a ‘fire department shall be under the charge of a chief who shall have had previous training and experience as a fireman,’ the vote of no confidence stated. “While Chiefs Black and Pierce are both good people – and probably excellent police administrators – neither have had any previous training or experience as firefighters.”

The city would respond, “The City analyzed the legal propriety of having Police Chief Landy Black and Assistant Police Chief Steve Pierce oversee Fire Department management (as Interim Public Safety Director and Interim Fire Chief, respectively) prior to their taking over these roles in January.”

The Vanguard’s own search determined that, while Mr. Weist is correct about what Section 38611 of the Government Code states with regard to fire departments being “under the charge of a chief who shall have had previous training and experience as a fireman,” he neglected to note that in 1998 the legislature amended Section 38630 to allow for consolidated public safety agencies.

That section notes, “In municipalities which provide for police and other emergency services through a consolidated public safety agency which includes traditional law enforcement, fire protection, and other emergency services, the chief, director, or chief executive officer of such an agency shall control the agency.”

In those cases, “The chief, director, or chief executive officer of a consolidated public safety agency is a peace officer…”  It continues, “No one who fails to meet all of the above requirements of a chief of police and peace officer shall be appointed to the position of chief, director, or chief executive officer of a consolidated municipal public safety agency.”

In other words, the law allows a city to combine its fire and police departments into one public safety department, and a public safety director can oversee the department.  Under those conditions, the director must be a police officer.

The city argues that the rationale for the vote of no confidence is “unclear.”  The city writes, “Why the no confidence vote was announced this week is also not clear. The Department’s operational and temporary management structure has not changed since January. The only change this week was the City’s announcement that it is hiring former interim Fire Chief Scott Kenley as a project manager for three specific projects.”

Chief Kenley has been asked to perform three specific tasks: Analyze “the feasibility of a joint management team responsible for providing executive and operational management and oversight for the delivery of fire and life safety services to the City of Davis and UC Davis;” “identify a site for the relocation of the central fire station; and finalize “the City’s Standard-of-Cover document and coordinating with UC Davis Fire the development of a joint Standard-of-Cover document.”

Chief Kenley’s advocacy of boundary drop and reduction of staffing makes him a flashpoint for firefighter discontent.

The city believes that the community remains well served by the arrangement.

Chief Black and Assistant Police Chief Steve Pierce have worked in tandem with the fire department’s four fire division chiefs regarding all fire operations issues.

“The Division Chiefs, who have a combined total of 88 years of experience as trained firefighters, have operational authority and control over fire incidents and emergency responses provided by the Davis Fire Department,” the city argues. “They have also been heavily involved with the management team in crafting standard operating guidelines to memorialize best practices in current operations and in response to the City Council’s recently-adopted staffing plan.”

While Chief Black and Assistant Chief Pierce have administrative authority, the fire division chiefs are the ones with operational authority and control over fire incidents and emergency responses.

The vote of no confidence was always symbolic, but without the signatures, there is now room to question whether it even exists.

—David M. Greenwald reporting

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