STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

INTERNATIONAL ASSOCIATION OF ) FIREFIGHTERS LOCAL 1162, )

)

Petitioner, )

)

and ) CASE NO. 75-2061

)

CITY OF DAYTONA BEACH, )

)

Public Employer. )

)

RECOMMENDED ORDER

This matter came up for hearing on February 5, 1976, in Daytona Beach, Florida, on the petition to the Public Employees Relations Commission seeking to have a bargaining unit certified by that agency. The employees that are sought to be included in this proposed unit are captain, lieutenant, mechanic, driver- engineer, and firefighter of the Fire Department ,of the City of Daytona Beach. The major area of dispute was whether captains should be included in the proposed bargaining unit. Under the now repealed Firefighters' Act, the petitioners pointed out that they have previously had litigation on this issue and introduced a circuit court judgement affirmed by the District Court of Appeals holding captains to be nonmanagerial within the Daytona Beach Fire Department.

APPEARANCES

For Public Employer: Frank B. Gummy, III

Assistant City Attorney Daytona Beach, Florida

For the Petitioner: Wesley Fink

Post Office Box 5386

149 Broadway

Daytona Beach, Florida 32018

1. The city introduced testimony through Francis L. DeBarr, Deputy Director, Fire. Director DeBarr is more commonly known as the Fire Chief of Daytona Beach. Chief DeBarr testified that he has risen through the ranks to become fire chief and previously held the position of captain. He stated when he was captain he had no input into policy-making decisions of the fire department. However, since he has become chief, he stated, he has attempted to include officers in the decision-making process. Chief DeBarr reports to the Director of Public Safety for the City of Daytona Beach, which agency includes the Fire Department, Police Department, the Traffic Engineering Department and Civil Defense. The Director of Public Safety in turn reports to the City Manager, who reports to the City Commission. The hierarchy of rank within the Fire Department is Fire Chief, Assistant Chiefs, Captain, Lieutenant, Mechanic, Driver-Engineer and Firefighter. Chief DeBarr stated he has staff meetings once a week. Included in these meetings are three division managers, the training

   officer, the two administrative captains and the officer on duty at the main fire station at that time. There are eight captains within the Daytona Beach Fire Department, two of whom are called Administrative Captains. The Administrative Captains outrank the other captains by seniority and by responsibility. However, all Captains receive the same remuneration. Although Chief DeBarr indicated a willingness to include captains and other officers in the decision-making process of the fire department, no specific examples were given as to whether any authority has been delegated to captains or whether captains have been given increased authority. The only conclusion which can be drawn is that although Chief DeBarr may have opened greater avenues of communication among himself and his officers, captains and other officers have been given no greater authority or responsibility.

   
   

2. The administrative captain works a forty-hour week and does not stay at the fire station. The other type of captain, a line captain, works a 56-hour week, sleeps with the men, fights fires and does other duties accompanied with firefighting. There are a total of eight captains including two administrative captains. Line captains eat, sleep and are on duty the same number of hours as firefighters. They wear the same uniforms on inspections; however, they wear a red helmet during firefighting operations.

   
   

3. A captain or lieutenant does not have the authority to hire an applicant to the fire department. Only the city manager has that ultimate authority on the recommendation of the chief. A captain or a lieutenant cannot transfer employees of the fire department from station to station without higher approval. A captain cannot suspend an employee but only make the recommendation instituting the initial action. Captains have very little authority or discretion to administer punishment to any firefighters or employees for infractions of rule which they become aware of.

   
   

4. With regard to internal policies within the fire department, any participant at the weekly staff meeting can suggest changes in policy; however, the chief retains the final responsibility for changes in policy and it does not appear that the suggestion of a captain is given any greater weight than any other participant at these meetings.

   
   

5. The budget for the fire department is prepared by having the administrative captains discuss with other employees the needs of each particular fire station. This information is then passed up to the assistant chiefs and the chief, who ultimately submit the budget request. The chief is responsible for the allocation of discretionary expenditures.

   
   

6. There are four stations within the Daytona Beach Fire Department. The administrative captains are assigned to a specific district. One is in charge of the peninsular side of the city, another on the mainland side. Administrative captains generally do not act as company officers, that is, they are never in charge of a shift at a fire station. Administrative captains are responsible for making sure that the stations within their district are running

   properly that all the needs with regard to equipment are taken care of, handling public relations which might public speaking before various organizations, seeing that inspections are carried out, that all the work necessary is being accomplished in an equitable and fair manner among all the platoons at each station. Generally the administrative captain supervises the company officers and coordinates the running of each station as a whole. With regard to hiring of new firefighting personnel, each applicant must take and pass a civil service examination. Then after that step has been passed, the applicant is interviewed

   by the chief and the three assistant chiefs. Captains have infrequently participated in the interview phase.

   
   

7. Each employee of the Daytona Beach Fire Department evaluates himself and that evaluation is then reviewed by the immediate superior. In the case of lieutenants, the captain in charge of that lieutenant would review the lieutenant's self-evaluation.

   
   

8. The city has executed (see Union Exhibit No. 2) a collective bargaining agreement between the City of Daytona Beach and the International Association of Firefighters Local No. 1162, which included all employee categories stated in the petition filed in this matter, including all captains. All captains are presently members of the petitioning union. The city has previously negotiated with the petitioning union under the collective bargaining agreement that was offered into evidence and at those negotiations, captains represented the union.

DONE this 24th day of March, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Frank B. Gummy, III Assistant City Attorney Daytona Beach, Florida For the Public Employer

Wesley Fink

P. 0. Box 5386

Daytona Beach, Florida 32018 For the Petitioner

Docket for Case No: 75-002061

Orders for Case No: 75-002061