Committee Hearing, April 6, 2010

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE OF THE WHOLE - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, April 6, 2010 10:25 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN MARIAN B. TASCO BILLS 100115, 100116, 100117, 100118, 100131 and RESOLUTION 100141 - - - 2

Good morning. This is the continued public hearing of the Committee of the Whole. The first department to testify this morning? MR. McPHERSON: Is the Fire Department.

Commissioner Ayers. (Witnesses approached witness table.)

Good morning. Welcome. Please identify yourself for the record and proceed with your testimony. COMMISSIONER AYERS: Thank you and good morning, Council President Verna and members of City Council. For the record, I am Fire Commissioner Lloyd Ayers. With me is Dave Beatrice, Deputy Commissioner for Administrative Services, and members of my executive team and staff. It is our pleasure to testify before this Committee. 3 4/6/10 - WHOLE - BILL 100115, etc. 1 million annually. Even with these reductions, the Philadelphia Fire Department has been able to continue its goal and mission of making Philadelphia the safest city in the country. In 2009, the Philadelphia Fire Department achieved its goal in reducing the number of fire incidents, reducing Fire Department accidents and injuries, maintaining fire prevention education programming for our communities and continuing to provide emergency medical services to an ever-growing demand for service. I am also proud and pleased to report today to City Council that in Calendar Year 2009, the Philadelphia Fire Department had the lowest number of fire fatalities in the Department's recorded history. We were able to achieve this reduction in fire fatalities by focusing 4 4/6/10 - WHOLE - BILL 100115, etc. on the following: Through our Freedom from Fire program, the Department used a three-pronged approach to prevent fire incidents and fire fatalities, including smoke alarms, home fire safety checklists, and home escape plans and drills. In Fiscal Year 2010, the Department was also able to initiate several innovative projects, including reduction in paperwork through the use of electronic documents. Approximately 90 percent of the Department's personnel is submitting electronic documents, and the remaining ten percent should be in compliance by the end of the fiscal year. During the fall of 2009, Northrop Grumman installed the hardware needed for the new computer-aided dispatch, or CAD. Successful migration to the new CAD hardware occurred in January of 2010. Phase of the new CAD project, when fully implemented, will deploy 4/6/10 - WHOLE - BILL 100115, etc. technologies such as GPS, or global positioning services, and AVL, which is automatic vehicle location, recommendations and mapping wireless 9-1-1 cell telephone calls. Mobile data terminals were installed in all chief officers' and specialty vehicles, which brings technology decision-making tools to the emergency scenes. In Fiscal Year 2010, the Fire Department unveiled its new HAZMAT training room located at Engine 60's location. This is a new state-of-the-art training room which will significantly increase the training capabilities for the Department's HAZMAT technicians. The Philadelphia Fire Department's total Operating Budget request for Fiscal Year 2011 is $196,484,383. This budget breaks down as follows: $188,762,383 from the General Fund, $1,519,293 from the Grants Fund, $6,203,000 from the Aviation Fund. 4/6/10 - WHOLE - BILL 100115, etc. Philadelphia Fire Department salaries and fixed costs make up 96 percent of this overall budget request with the below allocations: $175,682,934 in Class 100 funds, $6,642,983 in Class 200 funds, $7,609,883 in Class 300/400 funds, and $6,548,583 in Class 800 funding. This Fiscal Year '11 request shows a net decrease of $1,772,301 from the Fiscal Year 2010 estimated total obligation of $198,256,684. That is less than one -- a total of one percent reduction. Our proposed budget for Fiscal Year 2011 provides for a staffing level of 2,289 uniform and 114 civilian positions. The Philadelphia Fire Department's budgetary decrease is in part due to the consolidation of the Division of Technology. The Philadelphia Fire Department will absorb additional reductions through deployment strategies and also by seeking out additional grant 4/6/10 - WHOLE - BILL 100115, etc. opportunities.

Throughout the remainder of Fiscal Year 2010, the Philadelphia Fire Department will be finalizing its strategic plan and identifying the mission and future goals of the Department. If further budget reductions were made, the effects of the levels of service that the Fire Department currently provides would be significant. 5 percent, would necessitate the deactivations or brownouts of the equivalent of four engine companies, two ladder companies and five medic units. That would eliminate 144 uniform field positions. The below table -- see the below table regarding those reduction scenarios. The Fire Department is committed to supporting the Administration's goal of percent 25 minority, woman and disabled-owned 8 4/6/10 - WHOLE - BILL 100115, etc. business participation in City contracting. The overall Fire Department's Fiscal Year 2011 participation goal is percent, as set 6 by the Office of Economic Opportunity. 7 The below table indicates the information 8 regarding professional services 9 contracts. 10 Thanks to City Council's bill 11 that required all single and two-family 12 residential properties and assisted-care 13 facilities to have carbon monoxide 14 alarms, we have also made great strides 15 in reducing the number of carbon monoxide poisonings. Because more people are now aware of the carbon monoxide leaks, we have seen a threefold increase in emergency calls, 406 incidents reported in Calendar Year 2009 versus 130 incidents in 2008. However, because problems can be identified earlier, there was only a slight increase in the number of people transported to the hospital, 72 versus 69, and one less fatality. 9 4/6/10 - WHOLE - BILL 100115, etc. For your information, we have attached the following table and maps: Station location table, engine location with Council districts, ladder locations with Council districts, medic unit locations with Council districts, fire fatality locations with Council districts, emergency medical services incident density with Councilmanic districts, structure fire density with Council districts, and fire service representative locations with Council districts. This concludes my testimony, and I would like to take this opportunity to thank this Council for its continued support of the members of the Philadelphia Fire Department. I speak not only for myself but for all the members of the Philadelphia Fire Department in saying that your support is, has been and will be much appreciated. I thank you, and now I will be glad to answer any questions. 10 4/6/10 - WHOLE - BILL 100115, etc.

Thank you, Commissioner, and we members of City Council are also very grateful for the wonderful work that you and your department do. At this time, I have a few questions I would like to ask. Commissioner, on of your detail, you show a reduction of $1 million for implementation of FY09 staffing reductions. Can you explain these reductions and their service impact? COMMISSIONER AYERS: Yes. That was a reduction of 31 positions. Yes.

What was the impact, if any? COMMISSIONER AYERS: The effect? We did not reduce those numbers, those 31 positions. Those positions are still in place. DEPUTY

If I may, Everett Gillison, Deputy Mayor for Public Safety. Good morning, Council.

Good 11 4/6/10 - WHOLE - BILL 100115, etc. morning. DEPUTY

Councilwoman, those were the proposed reductions that we decided to put in place in order to save money during the crisis. After we ended up doing an analysis right after the Commissioner came to me and detailed what would happen ultimately if we put those in, it was a decision not to do that, and this Council actually -- I know that we came to Council with a transfer ordinance, and you basically ended up providing the money so that we would be able to go forward. So we did not actually take that $1 million in reduction.

So, in essence, there was no reduction of a million dollars? DEPUTY

Not for last year. That is absolutely correct.

Thank you. Commissioner, what is your 12 4/6/10 - WHOLE - BILL 100115, etc. current employee turnover rate for Fiscal 2010 and your projected rate for Fiscal 2011? COMMISSIONER AYERS: Dave will talk about the attrition rate.

Thank you. Good morning. DEPUTY COMMISSIONER BEATRICE: Good morning. Dave Beatrice, Deputy Commissioner, Administrative Services. We usually lose between 80 to 100 personnel a year. That's broken down approximately 11 or 12 paramedics, 60 other uniform -- 60 to 70 firefighters and officers and maybe five or six civilians.

Can you tell us how many vacancies do you currently have for paramedics? DEPUTY COMMISSIONER BEATRICE: There are 63 paramedic vacancies, 47 firefighter vacancies.

I'm 13 4/6/10 - WHOLE - BILL 100115, etc. sorry. I didn't hear you. DEPUTY COMMISSIONER BEATRICE: Forty-seven firefighter vacancies and 63 paramedic vacancies.

Do you have a current Civil Service list for paramedics and, if so, how many are on that list? COMMISSIONER AYERS: We do have a current Civil Service list for paramedics. We have processed preliminarily about positions. 14

So 15 you have 63 vacancies -- 16 COMMISSIONER AYERS: Correct. 17

-- 18 for paramedics and you have only 19 processed 25 -- 20 COMMISSIONER AYERS: Yes. 21 That's what's currently -- 22

-- 23 for the current Civil Service list? 24 How many do you have on the 25 Civil Service list? 14 4/6/10 - WHOLE - BILL 100115, etc. COMMISSIONER AYERS: Approximately 25. DEPUTY

That's the whole list. COMMISSIONER AYERS: That's the whole list.

That's it? COMMISSIONER AYERS: Yes. And that list is currently a continuous application process which we have from Personnel. Currently, they have not been hired off of the list because of a unit clarification issue with the fire service paramedics.

On average, how long does it take to fill a vacant paramedic position? COMMISSIONER AYERS: It varies with the list, but we are sometimes able to process within 60 days and get a class started within 60 days.

Do you presently have a class for the 25 -- 15 4/6/10 - WHOLE - BILL 100115, etc. COMMISSIONER AYERS: No, we do not.

-- that are presently available? When do you anticipate doing that? COMMISSIONER AYERS: Currently, there is some litigation. DEPUTY

We're hoping to have a class at the conclusion of trying to get the litigation resolved. I'm sure the Council is aware that there was litigation last year that has been -- that was finished, and as soon as that process is over, we look forward to getting that class in as soon as possible. Obviously we need the work, we need them.

With 62 vacancies, I would think we do. DEPUTY

Yes.

How many advanced support units do we currently operate and where are they 16 4/6/10 - WHOLE - BILL 100115, etc. located? COMMISSIONER AYERS: We currently operate 36 advanced life support units. They are located throughout the City. We do --

What are their hours of operation? COMMISSIONER AYERS: Twenty four of those units operate for hours 11 and -- 24 of those units are operating at 12 a 24-hour period, 24/7, and we have an 13 additional 12 units that operate on a 14 12-hour system or system status. They 15 operate for 12 hours during our peak 16 demand hours. 17

Can 18 you tell us how many basic life support 19 units do you currently operate and where 20 are they located? 21 COMMISSIONER AYERS: We have 22 currently 14 basic life support units 23 that we operate in the City of 24 Philadelphia. We have nine that operate on a 24/7 basis and we have five others 17 4/6/10 - WHOLE - BILL 100115, etc. that operate on a system status basis as well, and they are located throughout the City as well, and we have locations of those in the maps.

It's very difficult to -- your map looks beautiful, but the maps that we got, if you could understand it, I'll give you -- DEPUTY

Council President, I will make sure that each of you get the maps. We actually made sure that they were color coded in order to give you the distinction between them, as well as color coding the Council districts so it would be very easy to see. So I did not know -- we will be able to provide that to you as soon as this is over. COMMISSIONER AYERS: There is a table that lists all of the locations that we supplied to you as well.

What are the hours of operation for the basic life support unit? 18 4/6/10 - WHOLE - BILL 100115, etc. COMMISSIONER AYERS: Basic life support units operate on ten-hour and 14-hour shifts.

On of your detail, you are requesting $129,000 for Emergency Medical Command. Can you tell us the services you receive from this contract? COMMISSIONER AYERS: Yes. That is Dr. Meacham's contract. He is the Emergency Medical Services Advisor for the City of Philadelphia. He works for the University of Pennsylvania, and he has oversight of all of the paramedics and emergency medical technicians that deliver services to the citizens. So he actually has oversight over all of them.

Commissioner, you are requesting almost $5 million for EMS billing services. How did you arrive at that amount? COMMISSIONER AYERS: It is the estimate that is based on the potential collections that we will collect for 19 4/6/10 - WHOLE - BILL 100115, etc. doing service in the City for EMS and advanced life support medic units. So that is the fee that is collected for those services.

Well, I'd like to know how much has been collected in the past year or two and how -- I just think that's a lot of money. Would you explain, please. DEPUTY COMMISSIONER BEATRICE: Last year and this year the fee collection is percent of collections, 14 but as we noted, the contract expires June 30th. We're in the process of sending out requests for proposals, so next year we can only estimate what the fee will be. But this year it's 14 percent of all revenue collected, is the fee, and we're in the $35 million gross collection range.

Is this a service that the Department of Technology could perform at a cheaper cost? 20 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY COMMISSIONER BEATRICE: We don't think so. There's a lot more components involved than just billing, sending out a bill. You have to be HIPAA compliant. You have to know all the ins and outs of Medicare, Medicaid. It's a very complicated process and that's why we go out and do it this way.

Well, apparently we're not doing too well at it if we're only collecting percent. 13 DEPUTY COMMISSIONER BEATRICE: 14 No. 15

Oh, that's the collection rate? DEPUTY

That's what they're paid.

But even that is a very low amount, 14 percent. DEPUTY COMMISSIONER BEATRICE: We're trying to get that lower. The lower it is, the less it costs the City. DEPUTY

Right. 21 4/6/10 - WHOLE - BILL 100115, etc.

Okay. Councilman Goode.

Thank you, Madam President. Good morning, Commissioner. COMMISSIONER AYERS: Good morning.

Just a couple questions about your Class 200 request. I notice you have two professional service contracts for Fiscal Year '10, this year, and for Fiscal Year '11 totalling the same amount of money. So I'm assuming they're the same contracts. Could you tell me what those contracts are? COMMISSIONER AYERS: Yes. The one contract is with ACS Services, who collect for our medical billing. The other contract is the contract for the University of Pennsylvania, which is our medical advisory oversight.

And there is an increase in terms of DBE participation 22 4/6/10 - WHOLE - BILL 100115, etc. from Fiscal Year '10, this year, going to next year from 14.6 percent to 24.4 percent. How will that be achieved? COMMISSIONER AYERS: As was stated, we have a request for service, an RFP that is out. One of the components of that is that we wanted to increase the participation from percent to that 10 percent, and we wrote that into the RFP 11 so that we would have compliance. 12

Are there 13 other contracts that the Department lets? 14 COMMISSIONER AYERS: Everything 15 else is through Procurement. 16

In your 17 written testimony, you say that the 18 Office of Economic Opportunity set the 19 goal at 15 percent. 20 COMMISSIONER AYERS: Yes. 21

Why was the 22 goal set at 15 percent? 23 DEPUTY

If I 24 may, Everett Gillison, Deputy Mayor for 25 Public Safety. 23 4/6/10 - WHOLE - BILL 100115, etc. That was a -- after looking at what the ranges would be under the entire Department and for the City, that would be our slice that the Office of Economic Opportunity said that we could do. I also asked them to take a look at the number and the ability to get additional people in the pipeline to actually participate, and when we had these two and we knew we were writing a contract that would actually be let to increase, they came back and said that this would be the appropriate one that would fit into the overall City strategy of getting it up to percent as we go forward. 17

So the 18 Department goal is 15 percent or 25 19 percent? 20 DEPUTY

Well, 21 we're trying to get up to 25 percent, but 22 the goal that was set for the particular 23 Department was 15 percent. 24

I guess my 25 question is, what was OEO basing that 24 4/6/10 - WHOLE - BILL 100115, etc. goal upon? DEPUTY

The ability of getting the work to firms that are both known that are able to do it and also to be able to put additional people in the pipeline.

I guess my final question is, if you believe you can achieve the 24.4 percent -- and this is a question for, I guess, every department -- when and why is it more appropriate for OEO to set the goal rather than the Deputy Mayor for Public Safety or the Fire Commissioner or someone else within the Fire Department that knows the types of goods and services they want to procure? Why wouldn't it make more sense for the people with the professional track record that know what they want to procure to set the goal? DEPUTY

It's a collaborative process, Councilman. Bottom line from where I sit, we're 25 4/6/10 - WHOLE - BILL 100115, etc. trying by going into the subcontractors and to see what's available. We're actually pushing it down, and we're working with OEO in order to make sure that they understand what we're doing and we're trying to reflect it in what they would ask us to do.

But had the Administration not set a percent goal, 11 there would not have been a change in 12 that subcontract? 13 DEPUTY

No. 14 I've been looking at that now for a year 15 to two years, and, no, we were going to 16 go after and write this into our 17 contracting. You'll see that across the 18 board, I know in Public Safety and other 19 Deputy Mayors are doing the same thing. 20 We are really trying to drill it down 21 from the top of the general -- basically 22 as you would -- you have an awareness, 23 take it from the general contract and 24 move it down to the sub, because there's 25 still availability of participation at 4/6/10 - WHOLE - BILL 100115, etc. that sub level, and let's see if we can build participation in. And since this contract was up as of June 30th, this was the goal that we both worked together, both OEO, myself, the Commissioner, we all sat down and said this is something we're going to strive for.

Thank you. Thank you, Madam President.

You're welcome. The Chair recognizes Councilman Greenlee.

Thank you, Madam President. Good morning, everyone. (Good morning.)

First I had a question, Commissioner, on the issue of providing smoke detectors and various other fire safety, and that sounds like it's a program that certainly has worked well. I know it's helped a lot of people. Is that still in effect? 27 4/6/10 - WHOLE - BILL 100115, etc. Are you still out there doing that? COMMISSIONER AYERS: Yes, it is. It is an integral part of our Freedom from Fire program where we constantly look for opportunities, grants, et cetera, to go out, supply those who do not need -- do not have the opportunity to get smoke detectors that need smoke detectors, get them in their homes, make sure that they're safe.

Is there any rough idea or maybe more specific idea about how many properties still are lacking in smoke detectors? COMMISSIONER AYERS: As far as an exact count, we don't have it, but when we stop and we look at the rates that we find with fire deaths and most fires, it's about 70 percent of the fire deaths that we find people don't have them, and we think that that translates into approximately about another 90 percent of folks that do have them, just based on the program, based on the laws. 28 4/6/10 - WHOLE - BILL 100115, etc. But we still have a long way to go, because that ten percent is what's actually hurting the City as far as injuries, deaths, et cetera.

I understand. And do you think unfortunately it's for bad reasons, because people are either injured or killed, but the publicity that you have out of those programs, do you have any feeling that's generating people to get -- some people to get the smoke detectors on their own? COMMISSIONER AYERS: Absolutely. We've partnered with -- excuse me. I apologize. I was out late last night, and as you may have heard, we had a fire death last evening, unfortunately. We did not find smoke alarms, working smoke alarms, in that home. We found one smoke alarm in the basement that had been there for a long period of time. When Deputy Commissioner Devlin looked up and pulled the alarm 29 4/6/10 - WHOLE - BILL 100115, etc. down or off of the shelf, we turned it over, it had a battery. We tested it. We looked, the battery was in backwards. So it's that education that people need. There were no other smoke alarms, first floor, second floor, and we believe that this gentleman could have had an opportunity to escape with an early warning. So the pattern repeats itself, but impromptu surveys that we have done actually show that people are putting smoke alarms in their homes.

Well, that's good. That's very good. And you talk about the injuries and whatever. Do you have numbers that you can provide us -- I know you said about the fire deaths, and that's a great thing that they're down -- on how many the accidents and injuries have gone down, too? Do you have figures that you can give us? If not now, provide it to the Council President. COMMISSIONER AYERS: Yes, we 30 4/6/10 - WHOLE - BILL 100115, etc. do. We can provide that to you.

That's great. Thank you. I'm not going to get into the pros and cons of the whole fire company closing. I know that got controversial with a lot of people, but I know there is a Supreme Court -- or there was an appeal that's now at the Supreme Court; am I right? COMMISSIONER AYERS: I believe there is an appeal.

Given that a case went that far, are there any either concerns or, more specifically, contingency plans if that suit is successful? Because I know not all cases go to Supreme Court, so there must be something that has possibilities there, if you will. DEPUTY

If I can help with that, Councilman.

Sure. DEPUTY

Number 31 4/6/10 - WHOLE - BILL 100115, etc. one, just remember that even though we ended up closing those companies, we didn't lay off anybody.

No. I understand. DEPUTY

So this was a deployment and an overtime issue.

Right. DEPUTY

And, therefore, we would actually plan for and have a strategy for if that were to happen. I do not anticipate that happening. But we didn't lose anyone. We still have the equipment. We still have --

So you can still spread them back over if you had to? DEPUTY

Right. It would not be in the best interest, we believe, of the City. However, if that should happen, we would be able to handle that.

I 32 4/6/10 - WHOLE - BILL 100115, etc. understand. Thank you. On the EMS issue, Mr. Beatrice, that the Council President asked about, just so I'm clear, you're saying that 6 percent of the revenue of the Fire 7 Department comes in through that? Is 8 that what you said? I wasn't real clear. 9 DEPUTY COMMISSIONER BEATRICE: 10 Revenue is in the -- it's up to, I 11 believe, $35 million a year we're 12 projecting now. The vendor that collects 13 it under the current contract, we pay him 14 14 percent of that amount.

And do you know how much of that money percent-wise is collected, like how many people respond to those? DEPUTY COMMISSIONER BEATRICE: It's various collection rates. We would have to provide that, because you have a certain rate for Medicare, certain rate for Medicaid, private pay. It varies. There's no one collection rate.

Okay. If 33 4/6/10 - WHOLE - BILL 100115, etc. you could provide that in writing, some figures, I'd appreciate it. DEPUTY COMMISSIONER BEATRICE: Right.

Lastly, I know you talked about the unfilled firefighters and paramedics. That's 63 firefighters, 47 paramedics. Is that unfilled positions? DEPUTY COMMISSIONER BEATRICE: I believe that was reversed.

I'm sorry. And how many total in the Fire Department positions are unfilled at this point? DEPUTY COMMISSIONER BEATRICE: That's the bulk of them under the tent.

All right. Thank you. Thank you, Madam President.

The Chair recognizes Councilman Kenney.

Thank you, Madam President. 34 4/6/10 - WHOLE - BILL 100115, etc. As you know, recently myself, along with a number of other colleagues, introduced legislation dealing with paramedics and their representation, and we're going to have a hearing on that, so I don't necessarily want to get into the legality of the bills or illegality of the bills, the position of the Administration versus members of Council and the union. But since they've been represented by Local since 1980, could 13 you give me just a general rationale on 14 why we're even going down this road? 15 DEPUTY

I'll be 16 glad to, Council. First, I want to make 17 sure that we understand that there was a 18 decision made by at least persons that 19 were in the union to pursue litigation in 20 order to get clarification of roles and 21 for money purposes. Basically it was an 22 overtime issue and a salary issue.

About six or seven? DEPUTY

That's 35 4/6/10 - WHOLE - BILL 100115, etc. right.

Out of how many? DEPUTY

This is the Lawrence case that we're talking about.

Out of how many? DEPUTY

Six or seven out of the 240 roughly sued in Federal Court. The City, let's be clear, fought that decision and the City lost. As a result of that, there has now been what I call the blow-back. What happens when people win, it changes the relationship, and that's now a federal law. We have to figure out what does that mean, and as a result, that now requires us to say, Well, if they're not firefighters and we can't pay them as firefighters, we have to pay them as a separate paramedic, then the reason why they're in the firefighters union is because we felt they were firefighters. 36 4/6/10 - WHOLE - BILL 100115, etc. So now we have the converse. We seek basically instruction from the Labor Relations Board how do we treat them, what are they, and as a result of that, that's where we are today.

If the overtime issue and the pay issue had been resolved, as it is I understand today, what is the benefit to the City or to the taxpayer having them segregated or removed from the union that's represented them for 30 years? DEPUTY

Well, unit clarification is actually a result of trying to figure out how you end up dealing with them in labor matters. If we cannot classify them as firefighters, they have to be classified as something and they have to belong somewhere. That's all the unit clarification issue is.

And the end result of that with the positive decision the Administration has received from the 37 4/6/10 - WHOLE - BILL 100115, etc. PLRB could eventually take them out of Act 111? DEPUTY

I don't want to get beyond -- I mean, it could. I don't know. It could, yes.

And that could also result potentially, theoretically they would have to the ability to strike? DEPUTY

Well, I wouldn't go that far. I think that there's probably things that could happen that would maybe take them out of the issue of that particular union, but they would still be able to be unionized and Act 111 still might apply. Those are questions that we're still trying to find answers to.

There's a difference between firefighter paramedics and general paramedics, correct? COMMISSIONER AYERS: Yes.

There's two different clarifications. These are 38 4/6/10 - WHOLE - BILL 100115, etc. folks who went through the Academy as a firefighter and chose to be a paramedic? COMMISSIONER AYERS: That is correct.

How many of those are there? COMMISSIONER AYERS: We have approximately to left in the City. 10

If this 11 proceeds on and the City is successful in 12 their efforts, those folks have the right 13 then to return to the firefighting rank, 14 correct? 15 DEPUTY

I'm sure that I'll get an opinion from the City Solicitor to tell me what that would be, but, yes.

If they have that ability, then they potentially, because they want to remain represented by the union, would move back in the firefighting rank, so now the paramedic rank potentially, which would give us a 12- to 15-person shortage, and we're 39 4/6/10 - WHOLE - BILL 100115, etc. pretty short now, correct? DEPUTY

That's correct.

All right. While I recognize the seven who took the federal lawsuit are annoying or have been annoying, I would wonder what the other bulk of the 243 others, or whatever that number is, what they feel they are. And if you're a first responder and you are on the fire ground and you are doing what firefighters have done and you wear basically the same uniform, obviously, since I introduced the bill, it's my opinion they're firefighters. I mean, obviously the legal proceedings will take on as they are. DEPUTY

That's exactly right.

But I really would like you to reconsider this. I don't think it's, in the long term, a good strategy for the City for public safety, and I would hate to be in a 40 4/6/10 - WHOLE - BILL 100115, etc. situation where 230, 240 of our public safety employees have the right to walk a picket line. I think it would be a disaster. DEPUTY

I understand.

If I may, one other issue. Has the City considered -- and it occurred to me during the course of the discussion on the legislation -- that the City partner with the School District in some way to create a paramedic academy or academies in three or four comprehensive high schools that would provide the training and curriculum necessary for these young folks, who are our citizens -- we're not recruiting from other states and other municipalities -- our kids who are in need of opportunities to have a job, a very good job, that's helping people and able to sustain yourself and raise a family, to be able to hook the School District up with the Fire Department to 41 4/6/10 - WHOLE - BILL 100115, etc. create these academies so we have a feeder of schools that could send folks to our Academy and put them in fire service? DEPUTY

Councilman, I smiled because I will take that, and also I can tell you that there has been some very preliminary discussions about a public safety academy where not only we would use it for firefighting, but we'd also have it for police and also corrections officers.

I've drafted a letter to Arlene Ackerman, Dr. Ackerman, to try to discuss that issue, but I do think that that is a great use of our own resources to employ our own kids in a public service role that I think is very fulfilling for them. DEPUTY

I would love to join with you and I'll be glad to talk with you about that. I will talk to the Chairman of the SRC about that as well. 42 4/6/10 - WHOLE - BILL 100115, etc.

Thank you very much. DEPUTY

Thank you.

Councilman Kenney, I think that's an excellent idea.

I have them every now and then.

Every once in a while --

There's a saying that a blind squirrel finds a nut every now and then.

Commissioner, I think we all know what the advanced life support is and the basic life support, but for the record, can you explain the difference between the two? COMMISSIONER AYERS: Yes. Advanced life support -- in our medic units we will have an advanced life support unit. We have one or two 43 4/6/10 - WHOLE - BILL 100115, etc. paramedics that actually deliver services from that unit throughout the City. They are able to do a lot more than what an EMT would be able to do, some interventions, starting of IV fluids, drugs, the reading of the different tapes that will come from electrocardiograms, things like that, a lot more advanced as far as medical services, emergency medical services.

I don't know about anybody else, but I find it very disturbing that we would have 63 vacancies for the paramedics. It's a public safety issue, A. B, tell me, what is the response time? COMMISSIONER AYERS: Well, A, we would see that as a public safety issue as well. Those 63 vacancies are filled in overtime. So it's not a time where those 63 vacancies are not covered. So I understand what you're saying. We want to make sure that we hire those people so that we can have -- 44 4/6/10 - WHOLE - BILL 100115, etc.

What is the amount of the overtime? DEPUTY

Associated with just that?

With paramedics. COMMISSIONER AYERS: It's projected at $4.8 million for next year.

Well, since there are on the Civil Service 12 list, when do you anticipate that you 13 would take them on? 14 DEPUTY

We're 15 hoping that that would be done -- 16

17 Tomorrow? 18 DEPUTY

No. I 19 would hope that it would be done 20 tomorrow, but I think that it is more 21 realistic that all the legalisms will be 22 concluded hopefully by the end of June so 23 that we can do something in the first 24 part of the fiscal year, but that's just 25 a guess on my part. 45 4/6/10 - WHOLE - BILL 100115, etc.

So actually, Commissioner, you're covering the shifts, the vacant shifts, with overtime? COMMISSIONER AYERS: That is correct.

Can you tell me how we're recruiting for paramedics? COMMISSIONER AYERS: Yes. On the response times -- and then I'll answer that question -- we are achieving about 75 percent of the national guidelines.

Seventy-five percent? COMMISSIONER AYERS: Seventy-five percent, the nine-minute response time. And right now currently the 90 percentile is at 12 minutes and 20 seconds. Now, as far as recruiting, we have an officer, we have one of our chief officers, paramedic officers, that 46 4/6/10 - WHOLE - BILL 100115, etc. constantly monitors opportunities to recruit within the State of Pennsylvania. We monitor the schools that do paramedic training. We let them know about the opportunity to come into the Philadelphia Fire Department. We also have from Personnel continuous applications. So when a person graduates or if someone just comes into the City of Philadelphia, they can apply at Personnel and get on the paramedic list right away. We also do advertising in magazines as well, emergency medical services magazines.

Do we have many applicants from outside the City that are applying? COMMISSIONER AYERS: Now we do. Since last year we had talked about it, and one of the persons that Councilman Rizzo had encountered in the shore actually came and joined the Philadelphia Fire Department. But we are starting to see more paramedic applicants from outside of the City as well. 47 4/6/10 - WHOLE - BILL 100115, etc.

I don't know. If you're putting in that much overtime, I ask myself how much are you aware of what it is that you're supposed to be doing. COMMISSIONER AYERS: Well, one of the things that remain is a national shortage of paramedics. Philadelphia is not the only city that has to endure this.

Commissioner, I'm concerned about the citizens of Philadelphia. COMMISSIONER AYERS: As well as I am.

That's what we should be concerned about, not what's happening throughout the nation. You know, year after year we go through this at budget time about the lack of the paramedics. I think it's something that has to be corrected once and for all. I think, Councilwoman 48 4/6/10 - WHOLE - BILL 100115, etc. Krajewski, wasn't it last year that we had gone down to see the Mayor about this very issue?

Absolutely. Yes.

I think this is a very serious problem. It really is. And I would love to know how many people wait minutes for a 11 response call, because I know that one of 12 the employees in my office last summer, I think that her mother took ill and I think they waited something like 40 minutes. Fortunately, her heart attack was not that severe. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. Just a similar question along the lines of the EMS. Is the difficulty in recruiting EMS workers, or what? I did read somewhere in your testimony that you've had some classes and you plan to 49 4/6/10 - WHOLE - BILL 100115, etc. have another class. Is it hard for you to find people for this EMS training? DEPUTY

Yes. COMMISSIONER AYERS: It is very difficult.

What is the problem? COMMISSIONER AYERS: It's very difficult. As stated, the universe for paramedics is very small, period, in Pennsylvania. Also, some of the paramedics within the State just don't choose to come into the City of Philadelphia in this environment and do that service. We are actively recruiting, letting people know how it's a great opportunity. Many folks look at the opportunity to come and train here. We currently train the Air Force Academy paramedics here in the City of Philadelphia. They come from Mexico to train with us because of the level of training and because of our 50 4/6/10 - WHOLE - BILL 100115, etc. professionalism. As far as people coming in to work, some folks actually choose to work in a less stressful environment. They would rather collect those dollars in the other counties. And we recruit. We constantly recruit them. We've waived the residency so that they can come in, and I have a high confidence in our chief that goes out there and does that recruiting on a regular basis.

Well, maybe you should get us some basic information. Not just information. I know you're probably listed on the Civil Service employment opportunity -- COMMISSIONER AYERS: Yes.

-- through Human Resources, but maybe we can also help with that, and I thought maybe it would be good to, if we could -- if City Council could also help with the -- I can't remember the exact name, but the fire prevention efforts -- 51 4/6/10 - WHOLE - BILL 100115, etc. COMMISSIONER AYERS: Freedom from Fire.

-- in terms of educating people. What are the most common causes of house fires? COMMISSIONER AYERS: The common causes are smoking, electrical and cooking.

Smoking in bed or just smoking in general? COMMISSIONER AYERS: Smoking in bed, smoking in general, couch fires, soft chair fires, recliners and beds.

And Councilman Greenlee did ask a question about the number of injuries have gone up. Is that a fact, that you have increased injuries now? COMMISSIONER AYERS: There was a slight increase in injuries, along with the decrease in 2007, along with the decrease in fire deaths, the steady decrease in fire deaths. We see now that 52 4/6/10 - WHOLE - BILL 100115, etc. the injuries are trending level. With the further reduction of fires, we expect that those injuries will go down. But one of the things that we see -- we don't want to see any of our citizens injured or killed, but we're happy to see that most folks are escaping those homes. The majority of people who have fires in the City of Philadelphia, they have an early warning and they get out of their houses. Sometimes there are injuries. Most of the injuries are thermal burns, smoke inhalation. Sometimes we'll get a fracture from someone unfortunately having to leap from a second floor or something like that, but for the most part, folks are now getting out of their house, thus the lower death rate.

Now, if there was an increase in people contacting you through education programs, whatever, through outreach, do you have enough smoke detectors to 53 4/6/10 - WHOLE - BILL 100115, etc. accommodate how many? You said you give those away. I'm just wondering how many can you really give away. COMMISSIONER AYERS: Well, we're going to continue to solicit the corporations, the philanthropists to give. We just got a grant, a State grant, for, gosh, I think it was close to 500,000, I think it was, that we got for smoke alarms, and we had Ed Mann, the State Director, present us with those. We just got another $2,000 for smoke alarms. So it's an ongoing process. We have our Citizens for Fire Prevention Committee, who actually -- they're a 501(c)(3), and they actually go out and they solicit as well. But that number, it's an unknown number, but we're going to continue through our Freedom from Fire program where we go block by block, we enlist the fire safety representatives to actually engage each of their neighbors so that we know who has smoke alarms, who 54 4/6/10 - WHOLE - BILL 100115, etc. does not. When we discover that, we task the local fire safety and education district company or that engine company for that local. They come out, they put the smoke alarms up, they give out the home fire safety checklist and they give out the information for having a home escape plan and a drill.

When I was reading your testimony -- thank you. When I was reading your testimony and you said you were going to eliminate the Chief Battalion Aide or Battalion Chief Aides. COMMISSIONER AYERS: Battalion Chief Aides.

What exactly is that position and what do they do? COMMISSIONER AYERS: That's a very integral part of the Philadelphia system or actually the Incident Command System. They do various duties, including communications, and one of the 55 4/6/10 - WHOLE - BILL 100115, etc. things that we looked at in going over their duties, we looked at that and we found that we did not want to eliminate that position on second consideration. Council did ask for that consideration last year when we talked about it. We did take a look at it and we made a decision -- I apologize that we didn't come directly back to you and let you know that we were not going to eliminate those positions. But, again, thank you for that transfer so that we could keep those positions this past fiscal year. Very integral part of the Incident Command System.

Great. Last year you also said if there's additional funding, those fire stations that were closed could potentially reopen. Do you see that happening over the next Five Year Plan? DEPUTY

No. 24 Good morning, Councilwoman. Everett Gillison, Deputy Mayor. 56 4/6/10 - WHOLE - BILL 100115, etc. We are more likely to look at our deployment. I think given the level of fires and the level of responses, we'll be looking once we get up to speed with our technology and everything else, I wouldn't state that we'd be looking to reopen those particular companies at this time. The answer would be no. 10

In a city our size in terms of population, geographic, what is the optimal number of firefighter facilities? DEPUTY

That's the million-dollar question. Every city because of its geography, because of its topography, because of the density and everything else, that's a term of art more than anything else. What we are trying to do is to make sure that we have sufficient data to make that call as we go forward. That's part of our strategic plan, and that's what the Commissioner has been working on, along with other members of his executive team, along with 57 4/6/10 - WHOLE - BILL 100115, etc. the entire Department. We're working on a strategic plan that will answer that. The best way we'll be able to get to that answer is to make the investment in technology, which is what we have set out to do. Last year, as the Commissioner stated in his testimony, we began that by the upgrade of the CAD system, the computer-assisted dispatch system. We are looking forward to the investment in our call prioritization where we'll be able to then not send people out for non-emergencies. All of that will have to be looked at before we can really answer the larger question that you've just asked, what would be the optimal number.

Okay. I think in your testimony you stated you raised about or you project to collect $5 million a year for EMS transportation? COMMISSIONER AYERS: That's correct.

How much 58 4/6/10 - WHOLE - BILL 100115, etc. did you actually raise last year? COMMISSIONER AYERS: We stand at the last half of the Fiscal Year '09, I think it was, $2.9 million, and we expect that we will reach our goal for Fiscal Year '10.

And is that payments through insurance companies or direct payments from individuals? COMMISSIONER AYERS: It's a combination, insurance companies, Medicare, Medicaid and private individuals.

So people are actually paying for those EMS services? COMMISSIONER AYERS: Some people are actually paying, yes.

All right. I don't believe I have this much time.

You can come back again. Councilman Jones. 59 4/6/10 - WHOLE - BILL 100115, etc.

Thank you, Madam President. I'm Katia Rembert and I was sworn in with PAL Day at City Hall. So my first question is, what reason is there to place paramedics in their own unit? DEPUTY

Everett Gillison, Deputy Mayor for Public Safety, and good morning. Welcome. Serving as the temporary 4th Councilmanic District representative, I will say thank you, since you are my representative. The question that you asked about what's the reason, basically that's a labor issue. It is as a result of a lawsuit that was filed many years ago that was decided in December, and this is just the clarification that is coming forward, and that basically will be decided by the lawyers involved and the judges and the arbitrators, and then we will basically make our decision from there. Thank you. 60 4/6/10 - WHOLE - BILL 100115, etc. COMMISSIONER AYERS: I would also like to welcome you and thank you for your question as well.

Thank you. What would be the dangers of allowing paramedics the right to strike? DEPUTY

That would be speculative at this point, and I don't believe that we'll actually ever get to that point, so I don't think that there would be a need to even answer.

Have we improved response times for paramedics compared to the national averages? DEPUTY

The answer is yes. I think that we're working towards using technology in order to make sure that we'll be able to do that in order to get the correct deployment, and the Commissioner, working with his command staff and the strategic plan, that's part of what are going to be what our goals are. So, yes, we can.

Lastly, what were 61 4/6/10 - WHOLE - BILL 100115, etc. the costs of paramedic overtime in the last fiscal year? DEPUTY

I believe we said it was -- DEPUTY COMMISSIONER BEATRICE: Was the question what caused it or what was the cost? I didn't hear the question.

Both. DEPUTY COMMISSIONER BEATRICE: The cause is the national shortage. The various reasons why we haven't been able to put in the last class, because our manpower or womanpower, staffing issues. But the cost for the whole EMS system in overtime last year we're projecting for Fiscal '11 is 4.8 million.

Thank you. DEPUTY COMMISSIONER BEATRICE: You're welcome. DEPUTY

Thank you.

The Chair recognizes Councilman Green. 62 4/6/10 - WHOLE - BILL 100115, etc.

Thank you, Madam Chair. Good morning, everybody. (Good morning.)

You may have heard me do this with every department. I'm asking them to go through vacant positions or newly created positions for FY11, how long the position has been vacant, the specific job duties of the position and how those duties have been handled while the position has been vacant. The Fire Department has numerous vacant positions, which add up to significant amounts of salary, and so I'd just like to start with the Firefighting Division, Section 45, 10. There were five unfilled Fire Battalion Chief positions. How long have they been vacant? COMMISSIONER AYERS: They've been vacant for various period of time. The list expired and there was a test for 63 4/6/10 - WHOLE - BILL 100115, etc. BCDC and they won't be vacant long.

Well, what's the salary for each of those positions? COMMISSIONER AYERS: One moment.

While you're waiting for that answer, who has been performing these duties while these positions have been vacant? COMMISSIONER AYERS: They've been performed by acting-out-of-class officers, Captains for the Battalion Chiefs and Battalion Chiefs for the Division Chiefs.

So why would we not continue to do that while we're in this budget crisis? COMMISSIONER AYERS: We wouldn't continue to do that because of the fact that we need those positions, those trained positions, based on the National Incident Management System as well as the Incident Command System. You have to have that structure. 64 4/6/10 - WHOLE - BILL 100115, etc.

What negative consequences have resulted from leaving these positions unfilled as long as we have? COMMISSIONER AYERS: Being not in compliance with NIMS and the Incident Command System structure. But it's temporary.

Well, I'm perhaps suggesting it should be permanent through the next fiscal year. How much are the salaries of these five people? DEPUTY COMMISSIONER BEATRICE: A Deputy Chief on average is 93,000 a year.

Plus fringe? DEPUTY COMMISSIONER BEATRICE: Plus fringes. Battalion Chief is in the $82,000 range, plus fringes.

Okay. So is there any legal requirement to fill these positions? 65 4/6/10 - WHOLE - BILL 100115, etc. COMMISSIONER AYERS: Yes. There's a labor requirement to fill those positions.

Where? COMMISSIONER AYERS: In arbitration, from contracts, union contracts.

You're saying that our union contract requires that we have five positions. Please provide to the Chair the language from our union contract. I seriously doubt that.

Councilman, one moment, please. Mr. Gillison, did you want to respond? DEPUTY

If I could, Councilman, can I just have a second, please? We will provide that. Thank you.

Of the eight Fire Boat Engineer positions, one was 66 4/6/10 - WHOLE - BILL 100115, etc. unfilled in November. Has it been filled? COMMISSIONER AYERS: It has.

Of the eight Fireboat Pile positions, two are unfilled. Have they been filled? COMMISSIONER AYERS: They have.

Of the 29 Fire Captain positions, five are unfilled. Have they been filled? COMMISSIONER AYERS: Yes, they have been filled.

All five? COMMISSIONER AYERS: They were filled. Since that time there has become another vacancy. DEPUTY

Yeah. The Fire Captain is just one vacancy.

So what's the salary of that one position? DEPUTY COMMISSIONER BEATRICE: A Captain is at 71,500.

Who has been performing these duties while it's 67 4/6/10 - WHOLE - BILL 100115, etc. vacant? COMMISSIONER AYERS: Those duties were performed by either a Captain on overtime or a Lieutenant acting out of rank.

And where is this position? COMMISSIONER AYERS: The positions are all over the City.

Well, there's one vacancy. Where is that? COMMISSIONER AYERS: I'd have to -- DEPUTY

We have to get that to you, Councilman. We'll provide that to you.

Thank you. And the job duties of that position also. DEPUTY

Very well.

Of the 267 Fire Lieutenant positions, four were unfilled. Have they been filled? COMMISSIONER AYERS: Not at 68 4/6/10 - WHOLE - BILL 100115, etc. this time.

So who is performing these duties today? COMMISSIONER AYERS: They're performed by either a Lieutenant acting on overtime or a firefighter acting out of rank.

And what's the salary of these positions? DEPUTY COMMISSIONER BEATRICE: Lieutenant is 62,000.

Of the 1,338 firefighter positions, were unfilled. 15 Have they been filled? COMMISSIONER AYERS: Those positions are filled on overtime.

They're filled on overtime? COMMISSIONER AYERS: That's correct.

How much does that cost? COMMISSIONER AYERS: Time and a half. 69 4/6/10 - WHOLE - BILL 100115, etc.

Versus hiring people? 4 DEPUTY

Yes. 5 COMMISSIONER AYERS: That's 6 correct. 7

So we'll 8 save money by filling these positions? 9 COMMISSIONER AYERS: Yeah. 10 Once we put a class together, we plan on 11 filling those positions. 12

Well, when 13 will the class be put together? 14 COMMISSIONER AYERS: There's a 15 test in process right now.

So when would the class start? When is the earliest the class would start? DEPUTY

Councilman, that actually depends on a number of different things. And I just want to correct one thing that the Commissioner said. Yes, if we -- there is obviously a way to save money by not hiring a particular person and filling it 70 4/6/10 - WHOLE - BILL 100115, etc. on overtime. It depends on -- right now since we don't have the person working, we are filling the position with overtime.

I understand. DEPUTY

So I know that you said that you could automatically save money. I think you have to take a look at where that tipping point is, and I'd have to provide that to you, because it could be that it does not save us any money to hire the person and it's better to do it on overtime, but we have to look at that on a case-by-case basis when we're looking at the class.

Okay. So with respect to the class, when is the earliest we're going to have a class? DEPUTY

As it is now, we're still looking at when the earliest time would be. I have not set a time, and the Commissioner and I still have to figure out when we're -- 71 4/6/10 - WHOLE - BILL 100115, etc.

Is it likely that there will be a class in FY11? DEPUTY

I don't know.

So -- DEPUTY

I'm trying to have it so that depending on the attrition rate that we're anticipating --

But your current overtime numbers include filling these positions through overtime? DEPUTY

As it is right now, the answer is yes.

So if we were to eliminate these 15 positions, you didn't have a class in FY11, we could save a firefighter salary times 15? DEPUTY

The problem with that is that we're using the budgeted position numbers in order to pay the overtime.

Well, that was my question. Does your overtime in 72 4/6/10 - WHOLE - BILL 100115, etc. the budget reflect the fact that these positions are unfilled, and you said yes. DEPUTY COMMISSIONER BEATRICE: Yes, it does. I think from last year's testimony before Council and from your suggestion, we fine-tuned the way budgets are prepared. We added more money into overtime to reflect the, I believe you said, the more accurate way of reporting it. DEPUTY

That's what we're trying to do. DEPUTY COMMISSIONER BEATRICE: And that's what we tried to do in this budget. You'll see more money in overtime and you'll see a larger amount under the category Vacant Position Savings.

So how much does a firefighter make? DEPUTY COMMISSIONER BEATRICE: A firefighter is in the $50,000 average.

How about a new class? 73 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY COMMISSIONER BEATRICE: They start out at 40,000.

Plus fringe? DEPUTY COMMISSIONER BEATRICE: Plus fringe.

General Support Services Division, there were three vacant civilian positions as of November that are budgeted to be filled in FY11. There is a 35,000 a year Administrative Assistant position. Has this position been filled? DEPUTY COMMISSIONER BEATRICE: No, it hasn't.

How long has it been vacant? DEPUTY COMMISSIONER BEATRICE: Since before November.

Who is performing these duties now? DEPUTY COMMISSIONER BEATRICE: They're really not being done or -- we have a two-person unit in the Management Information area. They're trying to do 74 4/6/10 - WHOLE - BILL 100115, etc. the best they can. This position here is more we're putting in our NFIRS, National Fire Incident Reporting System. This position is a vision to provide support to those two people and to all the field personnel to get the best we can out of the system. Right now, you know, things probably aren't getting done that should be.

What? DEPUTY COMMISSIONER BEATRICE: That's hard to say.

Okay. Has the $62,872 a year Executive Assistant position been filled? DEPUTY COMMISSIONER BEATRICE: No, it hasn't.

How long has this position been vacant? DEPUTY COMMISSIONER BEATRICE: This position has been vacant since before November.

Yeah, I know that. 75 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY COMMISSIONER BEATRICE: It's never been filled.

Nobody has ever performed these job functions? DEPUTY COMMISSIONER BEATRICE: That's right.

There's another job we can eliminate. Has the 45,000 a year Management Analyst position been filled? DEPUTY COMMISSIONER BEATRICE: That hasn't been filled in the last year.

And who is performing these duties now? DEPUTY COMMISSIONER BEATRICE: I picked up a bunch of the duties. Deputy Commissioner Devlin has picked up a bunch of the duties. This is related to PhillyStat. This position was technically our Computer Program Supervisor position, who retired.

Except that those positions have all been transferred to the Department of Technology. 76 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY COMMISSIONER BEATRICE: No. The Department of Technology took the hardware technical people, not our management analyst group. This is more on the software management reporting function side.

But it's getting done? DEPUTY COMMISSIONER BEATRICE: It's getting done.

Thank you. Emergency Medical Services Division, in the EMS Division, has the 90K a year Fire Paramedic Service Deputy Chief been filled? DEPUTY COMMISSIONER BEATRICE: No, it hasn't. This would be a new position where that level of command has never been established.

And why would we establish that level of command at $90,000 a year when they seem perfectly well supervised today? DEPUTY COMMISSIONER BEATRICE: 77 4/6/10 - WHOLE - BILL 100115, etc. Well, it would be -- the extra cost would be the difference between the Deputy Chief and the Battalion Chief. That would be the increase. We would lose --

Okay. That's a good point. So which Battalion Chief position are you eliminating in the budget to -- DEPUTY COMMISSIONER BEATRICE: We're talking Fire Service Paramedic Battalion Chief.

Right. So you're eliminating that position? DEPUTY COMMISSIONER BEATRICE: We would promote a position.

And you'd keep a Battalion Chief? DEPUTY COMMISSIONER BEATRICE: We would -- no. We would have --

You'd have both positions? DEPUTY COMMISSIONER BEATRICE: No. We'd have one less. I think it's reflected in the budget. If you looked, 78 4/6/10 - WHOLE - BILL 100115, etc. one position went down on reflects that.

. Okay. What's the difference in salary? DEPUTY COMMISSIONER BEATRICE: Fourteen percent differential.

Plus fringe? DEPUTY COMMISSIONER BEATRICE: Plus fringe.

We do want to have more paramedics and improve response times. I want to be clear about that. Of the 67 unfilled positions that are in the budget, how many are we going to actually be able to hire in FY11? DEPUTY

If we have everything, Councilman, and if everything gets cleared up, we have a class of that we would have ready to 21 go. 22

In FY11? 23 DEPUTY

Yes. 24

Twenty-five? 25 DEPUTY

It 79 4/6/10 - WHOLE - BILL 100115, etc. would be that 25.

We couldn't hear you. DEPUTY

It would be that that we had talked about 7 earlier. 8

And you're 9 budgeting for 67? 10 DEPUTY COMMISSIONER BEATRICE: 11 Well, the 25 would be the first class we 12 would do right away. Then we would 13 attempt to hire more during the year. 14

You're not 15 going to have two classes in 2011? 16 DEPUTY COMMISSIONER BEATRICE: 17 I think if we didn't have the lawsuits, I 18 think we would have two or three classes. 19

Well, you 20 have the lawsuits. 21

But 22 you don't have a list, a Civil Service 23 list. So how would you hire? How would 24 you hire? 25

Right. 80 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY

Council, you're absolutely correct. At this time, we have 25. We would get 25, and at that point, we would be looking, but as we've already indicated in our earlier testimony, it is very difficult to do it, but we would keep looking. If we could, we could. I think the answer to the question, the reality of it, you are absolutely right, we probably would have the 25, period.

So we can eliminate 42 of those positions? DEPUTY

But if we do that, Councilman, understand that we do not have the overtime built in for --

The overtime has already been testified is built in to include the current overtime for paramedics. If you hire 25, overtime should be reduced. DEPUTY

That's not the way that -- and I see that 81 4/6/10 - WHOLE - BILL 100115, etc. Mr. Agostini is on his way over, but I will state that if we just take that money and just try to say that we'll take those positions out, we are not going to be able to do it and we might be losing medic units, and we don't want to do that.

How many safely -- well, we don't lose medic units because we don't budget for positions that are unfilled. I mean, medic units aren't tied to -- what you're telling me is medic units are tied to whether or not there are positions even if they're unfilled. That wouldn't make much sense. DEPUTY

No. 18 (Witness approached witness table.)

Mr. Agostini, I'm sorry.

Councilmember, Steve Agostini, Budget Director. To your point, to the extent that we are budgeted for positions, 82 4/6/10 - WHOLE - BILL 100115, etc. assuming that all the EMS positions are filled, if they are not filled, they have to be filled with overtime dollars. The overtime dollars are more costly than the straight salary dollars. To the extent that they're included, they are included at a level that would suggest at some point we're going to run out of dollars, and if you were to look at the current run, either from the quarterly City Manager's report to date or I think the run that is in the budget detail in the pages that you're very familiar with, it shows that the current spend rate is about $170 million in Class 100, which is about a million one over what was budgeted both for FY10 and what's been budgeted for FY11, and I think right there is sort of evidence that we're running over in some cases. We probably should come back and disaggregate for you what we're spending in overtime for EMS versus what we would have spent if we had filled the 83 4/6/10 - WHOLE - BILL 100115, etc. positions to get more finely attuned to your question.

No. I understand. It's just that the sky is not falling and we're filling positions, some of which are $95,000 a year positions and --

Steve, while you're up there, I'd like to help the Councilman, too.

Thank you, Madam President.

Section 45 -- this is bothering me. Section 45 we talk about to implement FY09 staffing reduction plan, a million dollars. Now, is that a reduction or is it not a reduction? We got a different -- I'm thoroughly confused on this, because it does show that it's supposed to be a reduction.

So, Madam President, to your question, if you look at the budget detail, which I believe you 84 4/6/10 - WHOLE - BILL 100115, etc. have in front of you --

Yes. I have it in my hand.

-- in the summary page, for FY10 it assumed that there was an overall budget of 169 million roughly. The spending, however, for FY10, if you look at the same page, is roughly $170 million. DEPUTY

That's correct.

Which shows that there is a million dollars, in essence, deficit for the Fire Department budget for that period for FY10. And as I think both the Deputy Mayor and the Commissioner testified to, there was a decision made not to make the reductions in staffing both in the Battalion Chief Aides, which was part of the Plan B that this Council adopted in September of 2009, the Plan B budget that was then submitted and approved by the State and PICA, along with a number of other 85 4/6/10 - WHOLE - BILL 100115, etc. Lieutenants providing non-firefighting direct services. The expectation that we have moving forward is that -- and as you see, the budget for FY11 is again back down to $169 million -- that there will be changes in staffing levels necessary to hit the $169 million without any loss in service, without any reduction in response times for firefighting apparatuses. But you are correct and you have noted, there is a million-dollar gap there.

Steve, how can you do that?

We are looking, both the Deputy Mayor and I, are looking to the Commissioner to ensure that that occurs and that they will manage to that $169 million without an impact on service. DEPUTY

That's exactly right. That's the challenge, and we are -- we came forward and we thought 86 4/6/10 - WHOLE - BILL 100115, etc. that we'd be able to achieve it one way. We were not able to. And now we have a better handle, especially now on our reporting and use of the communications that we're able to have, we believe that we'll be able to do that and we'll be able to manage to that level, and that's my commitment to this Council.

Thank you. Councilman Green.

Thank you, Madam Chair. There are a significant variation on the level of overtime spending across the different divisions in the Fire Department. In the Firefighting Division, the average overtime spend per employee is $7,434. And in the Fire Marshal's Division -- I'm sorry; the Fire Prevention Division, it's $12,421 per employee. In the Fire Marshal Division, it's the highest of any of the divisions at $15,556 in overtime 87 4/6/10 - WHOLE - BILL 100115, etc. per employee. Could you explain what work is being done in the Fire Prevention Division, which is responsible for public education, the smoke detector program, the Fire Museum and designing signs and posters that would require overtime? COMMISSIONER AYERS: Some of the services that we do for the community, for some of the Council, also for some of the outreach programs happen on Saturdays sometimes. Sometimes they happen in the evenings where the firefighter will, after their regular duties, will extend for maybe two hours or three hours to do a program, an early evening program. That's for the Fire Prevention Division. As far as the Fire Marshal, some of that overtime is spent in court appearances where they have to testify in arson cases and other cases.

With respect to staying with Fire Prevention before we 88 4/6/10 - WHOLE - BILL 100115, etc. move on to Fire Marshal, that adds up to $12,421 per employee? What oversight of or approval of overtime is required before people schedule stuff? COMMISSIONER AYERS: I sign off on all overtime.

Before they -- COMMISSIONER AYERS: Before they do the overtime. It comes to me, a memorandum, on what the service actually is, what the need is. We make the decision as to whether or not it's going to be allowed.

Is there a way to do scheduling such that some people are always on duty at night to cover night meetings or some people are always on duty on a Saturday where they're still working the same number of hours a week? Have you looked at schedule shifting to eliminate this overtime? COMMISSIONER AYERS: Yes. One 89 4/6/10 - WHOLE - BILL 100115, etc. of the things that we do is, we allow the Battalion Chief, the Captain of the Fire Safety and Education District or that engine company or ladder company to go out and they will -- providing they're not called away on an emergency or have training, they'll actually go out and do that fire prevention activity. But one of the things you have to understand is that here in Philadelphia, when you stop and you look at the staffing that's available, we are -- we compare nowhere to what other cities staff for fire prevention on a regular ongoing basis.

Well, it just seems to me that if we have -- it's not clear that during regular shifts people are fully engaged, and then it seems to me that there is times when they're out. If truly we are this busy where we can't change schedules to cover nights and weekends such that we can avoid overtime, at $12,421 and $15,556 for the Fire Marshal's Division, it seems 90 4/6/10 - WHOLE - BILL 100115, etc. to me we're at the tipping point where a few extra people are going to save us overtime money. DEPUTY

And, Councilman, I thank you for that, and I will -- we'll actually do another analysis of it and we'll see exactly where that would take us. So thank you.

Thank you. The overtime spending in the Firefighting Division has been reduced significantly over the past few years, falling from 15.8 million in '09 to 14.6 million in FY10, and it's budgeted for an additional one million drop in FY11. Oh, the President just went through this. Thank you. Does the Department have any plans for reducing overtime spending in the other divisions, other than Firefighting Division? COMMISSIONER AYERS: We will look at it. We actually have a meeting scheduled to actually go over that now. 91 4/6/10 - WHOLE - BILL 100115, etc. So it will be looked at.

The overtime spending in each of the other four divisions has increased over this same period and totals 5.67 million for FY11. So there's real money there. Regarding the budget direction scenario we received for the Fire Department, there are six items totalling 14.2 million. Could you please describe whether the cut is already reflected in the proposed budget for each item? DEPUTY

Councilman, I didn't catch your last -- that last point. You dropped your voice. What was that again?

In the budget reduction scenarios that were prepared and provided to City Council, regarding the budget reduction scenario we received for the Fire Department, there were six items totalling $14.2 million. For each item can you tell me whether the cut is already reflected in 92 4/6/10 - WHOLE - BILL 100115, etc. the proposed budget? DEPUTY

No. 4 The answer to that would be no. If you received the information that -- the way that we would have to get to that number would be either to deactivate or brownout various numbers of engine, ladders and ALS units, and the reason why we rejected that is because we did not think that was the appropriate way to go in order to make those savings. So the answer is no. 13

Well, there's lots of -- Water Fund rate increase per Water Department. DEPUTY

Well, the Water Fund --

Remove prior year funding of purchase of medic unit vehicles. DEPUTY

Right. As you know, the Fire Department doesn't have -- we don't have any control over the Water Department. That's the amount of the rate that we have to pay and 93 4/6/10 - WHOLE - BILL 100115, etc. that's why our Class 800, I believe it is, figure is up to $6 million, because we have to pay that to the Water Department for use of the water.

Well, how are you going to reduce -- as part of your prioritized reductions, you have Item 6, which is Water Fund rate increase per -- DEPUTY

It was an increase, so we had to reflect that in the budget.

Oh, I see. That's not a cut. You have a Water Fund 7.5 percent reduction, 461 reflected there. DEPUTY

It may be a double matter, but I can tell you that the water rate went up to us and we're --

I know, and as part of the budget impact scenario, it suggested that you can lower that amount by 7.5 percent and pay $461,000 less. 94 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY

Well, I mean, that was a -- when we put this together, there was a question given to me to see whether or not I would be able to get that from the Water Department, and the reason why this reduction was not taken is because the answer to that was, no, we can't do it. So that's why we are not advocating that this is something that could be done.

What would be the impact on citizens of the cuts reflected in this six-item scenario? DEPUTY

Well, I mean, I think that to reduce or to try to seek additional at this time reductions in either engines, ladders or ALS medical units, you would have to see an increase in the various response times across the board, and I do not think that that is something that we would want to go into at this time, which is why we decided not to go into this area.

So for cuts 95 4/6/10 - WHOLE - BILL 100115, etc. involving deactivation or brownout of an engine company, ladder company or medic unit, how would you choose which companies to brown out or close? DEPUTY

Well, we're still trying to upgrade our technology capabilities so that we'd be able to do this with just the press of a button. Unfortunately, I'm still not there yet, so we'd have to do it through an internal data analysis like we did before. The good thing is is that we have the ability to do it. It takes longer. The bad thing is that it still takes longer and we can't do it by an automatic analysis feed that is part and parcel of our IT. We're getting there and we're hoping to get there soon or sooner, but it would take us some time to actually do that kind of internal study.

Okay. These questions relate to efficiency savings from the use of technology. In 96 4/6/10 - WHOLE - BILL 100115, etc. Commissioner Ayers' testimony on he testified that 90 percent of Department staff are now submitting electronic documents instead of paper documents and you expect 100 percent compliance by the end of FY10. COMMISSIONER AYERS: Yes.

I also was glad to see you testify that this has led to significant reductions in processing time. What efficiency savings in terms of reduced staffing needs or otherwise is reflected in the Department's proposed budget as a result of gaining these efficiencies, in civilian staff or otherwise? COMMISSIONER AYERS: Well, it will be process time as well as less use in paper, those types of things that we were doing before, memos.

Right. But if there were nine people performing a task and the processing time was eight 97 4/6/10 - WHOLE - BILL 100115, etc. hours a day and now we still have nine people performing that task and the processing time for them on average has moved to six hours a day, that means we could have seven people doing the task instead of nine. So what I'm looking for is, what efficiencies have you driven in your civilian staff or other staff as a result of getting these efficiencies through -- the whole point of going paperless is to create efficiencies, even if it's through attrition. COMMISSIONER AYERS: That is correct, and it's not always accomplished through attrition either. Our resources as far as utilizing paper reports, et cetera, goes throughout our entire department, civilian as well as uniform, and sometimes we've gained process time where we can plan more, be on the street more, in the field, downtown as far as administratively. We've also been able to release some of the workload and efficiencies that's needed by individuals 98 4/6/10 - WHOLE - BILL 100115, etc. to do their job, period. So as far as greening and getting rid of the paper, that's one of the things that we focused in on. DEPUTY

Councilman, can I also add, a lot of the times when we are talking about how to improve and get better efficiencies in technology, I think what we have to first recognize is that there is a deficit that started. We have a lot of -- we seem to have a number of people -- and I can tell you in Public Safety -- a number of people that do quite a lot, like beyond what they're really supposedly capable or really capable of doing, but they actually step up because we have great public servants. They step up and they do more. Then we bring in a technology improvement that allows them to do their job, which is already overburdened, to do their job better and then we actually bring and lessen the strain on them to get their job done, that's an 99 4/6/10 - WHOLE - BILL 100115, etc. improvement, but it doesn't mean that we can take that person and get rid of that person. I don't think that we're there yet. I think that what will happen as we get additional technology, I think we'll be able to meet some of the things that you're talking about, but I think that we have to recognize that in some of our systems because how old they have been in the processes, by just wiping away the processes, there's usually an improvement. I think that as we get used to seeing how much we can drive that further, I think we'll then start to look at the kind of innovative stuff that you're talking about.

Who in the Department is responsible for looking at where paper processes were gone or eliminated? Because 90 percent of them are gone, right? So who in the Department was responsible for looking at the workflow processes that changed as a 100 4/6/10 - WHOLE - BILL 100115, etc. result of this thing and then recommending where there are potential efficiencies, through redundancy or attrition or whatever? COMMISSIONER AYERS: We currently have a team that's working to actually do that.

Who is it? COMMISSIONER AYERS: A strategic plan. Well, that's our strategic plan team right now. It's the executive team led by Deputy Commissioner Beatrice as well as a new member of our team who helps to direct our strategic process. That's Ms. Eryn Santamoor.

And have they found any efficiencies? COMMISSIONER AYERS: It's a process that continues to go on --

How long have they been doing this? COMMISSIONER AYERS: They actually started the full overview April 101 4/6/10 - WHOLE - BILL 100115, etc. 1st, a couple of days ago.

Oh, okay. Great. DEPUTY

This is a new initiative, Councilman, that we're trying to pull on board and it's part of the strategic plan that we're pushing out.

Would you agree with the premise that the whole point of making operating expense investments in technology or cap ex investments in technology is to get a return on that investment? DEPUTY

I think that that's always the goal.

And that only through increasing productivity of our existing workforce can we provide better levels of service with the same number of people or the same level of service with fewer people as a result of those investments? DEPUTY

I 102 4/6/10 - WHOLE - BILL 100115, etc. believe that's the goal. I think that's the goal of public service.

So why doesn't your budget reflect anticipated savings as a result of this change to a paperless system? DEPUTY

I think what we're trying to do is to make sure that we are managing to where we are and not necessarily get into a habit of anticipating savings that may or may not materialize and then we'd be in a budget deficit situation.

If we were to lower the amount we allocate in Class 100 or Class 200, don't you think that would make it more likely that you'd work quicker to find the efficiencies? DEPUTY

I would disagree, because I think it would be hard to find a way to -- as the Commissioner said earlier in his testimony, 95, 96 percent of his entire budget is really wrapped up in personnel, 103 4/6/10 - WHOLE - BILL 100115, etc. and if we just decided to lop off Class 100 or Class 200 kind of material, we would not really be able to do the job that we're sent to do, and as the Council President has indicated, we're already strained to do the job that we're doing now.

With respect to EMS, yes. DEPUTY

That's correct. I agree with you.

So there's 5.67 million in overtime in non-firefighting functions. DEPUTY

That's correct.

And -- DEPUTY

Believe me, Councilman, I agree with you. I've been -- I mean, one of the things that I've been doing is to look in all of public safety. I'm looking at trying to control overtime. You'll hear about it today in Prisons. You'll hear about it 104 4/6/10 - WHOLE - BILL 100115, etc. here. You'll hear about it in Police. Overtime is what we're trying to do and that's the way we're going to get our way out of this. I think that we will -- and I agree completely with you, that that's where -- I'm zeroing in on. I'm trying to put in processes to help my departments focus on that and to eliminate it so we can return the kind of department that I believe that you want us to be, which is a leaner department that will provide the services in a way that we'll be able to do it at a savings for the City.

Well -- DEPUTY

I agree with you.

So what would be the consequences of us cutting a million dollars out of the non-firefighting overtime? DEPUTY

You will end up challenging us to provide the 105 4/6/10 - WHOLE - BILL 100115, etc. service that we are already strained to provide with less people because --

No. It's overtime. DEPUTY

Well, the overtime is actually, again, structured into that in order for us to have that -- to meet that staffing level. I think that --

Are you up to the challenge, Deputy Mayor? DEPUTY

I am up to all the challenges that you --

I'm glad to hear that. We'll stop right there.

Thank you very much. The Chair recognizes Councilwoman Sanchez.

Thank you. Good afternoon. COMMISSIONER AYERS: Good afternoon. 106 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY COMMISSIONER BEATRICE: Good afternoon. DEPUTY

Good afternoon.

Always a pleasure working with the Fire Department. I have a couple questions related to our recruitment efforts, because we talked about the limitation of recruits. So I wanted to ask, when was the last time we updated our Civil Service process and are we looking at our qualifications and our testing as one of the tools that limits our ability to recruit? Have we looked at that process? COMMISSIONER AYERS: Personnel Department is currently going through that process, and that's the department that actually works with that. We do help with professional advice, things like that, but that's Personnel's duty.

There's a few departments and clearly public safety is always one of these issues 107 4/6/10 - WHOLE - BILL 100115, etc. where we always hear about these recruitment problems, but I never get a sense that we're re-looking at our test, that we're re-looking at our qualifications, that we're re-looking at that process as a mechanism of ensuring more folks can qualify or even if -- and, again, not jeopardizing public safety, do we have a test that's years old? 11 COMMISSIONER AYERS: Well, that 12 is being looked at right now. I can 13 guarantee you that Al D'Attilio is on it. 14

And as 15 it relates to that, where is it that we 16 lose people? I mean, we recruit people. 17 People test. Where is the major 18 drop-off? Is it at the testing level? 19 Is it at the background level? Where are 20 we seeing the drop-off that leads us to a 21 smaller class or a pool? 22 COMMISSIONER AYERS: It's 23 various areas. In talking with the 24 Director, those things were discussed, to 25 actually zero in and look at the entire 108 4/6/10 - WHOLE - BILL 100115, etc. process, find out how we can recruit more, which we had an excellent recruitment, but also moving into a process, which I'm not privy to, which is that actually development, test development, all of those things that would happen in that testing process. He's assured me and I feel confident that they'll be looking at each and every process and trying to remedy any areas where we lose folks.

Because I would think the Personnel Department should be facilitating this for you, but it's a reoccurring theme and I just don't feel like we always pay attention, because it requires us to kind of go back and say, what's our test look like, what are those things. And I think it's important, because if we're really going to tackle this overtime in these public safety departments, we have to look at that. It's hard to tell folks we can't hire, I mean, given the economic times 109 4/6/10 - WHOLE - BILL 100115, etc. and these fields that you would think would have natural pipelines. I was encouraged by what Councilman Kenney said around us doing a more deliberate job with our School District, but it's an issue that continues to come up in public safety that's a grave concern. As it relates to our overtime, again, are there any -- we had this discussion. Gillison and I have had this discussion just first on the parade issues. Are there any special events where there is not a dollar-to-dollar reimbursement as it relates to emergency medical? DEPUTY

A dollar to dollar? As it is now, we are, as you know, Councilwoman, we are working on trying to find a way and a formula that is fair for all that would allow us to get significant savings to the person purchasing the service so that it would hopefully not necessarily be a dollar for 110 4/6/10 - WHOLE - BILL 100115, etc. dollar. If there is a way to do that, we're looking for it.

What I want to know -- DEPUTY

But right now the answer is no, it is still dollar for dollar.

So for Phillies games, Eagles games, concert providers, they reimburse us dollar for dollar for those types of services? DEPUTY

As it is now. We did change the policy this year where I have made sure that we are only reimbursing people who are coming in on overtime, to the extent that I'm able to control that, and that's for Police and Fire as well. We are trying to make sure that we do not pass those costs for straight time costs on to the parade, festival, whatever.

I guess my question is, are we doing that with everybody -- 111 4/6/10 - WHOLE - BILL 100115, etc. DEPUTY

Yes.

-- across the board? DEPUTY

Yes.

I'd like to look at a scale as it relates to like games, concerts, and I want to ensure that we're also going to be doing the same as it relates to the casinos, and I know they have a separate deal. I want to look at that in comparison. DEPUTY

I'll be glad to sit down with you, Councilwoman, and discuss that.

As it relates to minority contracting, I noticed that you only outlined professional services. So my question is, where are we as it relates to other purchased goods, materials, supplies and why isn't that reported? DEPUTY COMMISSIONER BEATRICE: I would think with the Fire Department, a lot of the equipment purchases are very 112 4/6/10 - WHOLE - BILL 100115, etc. specialized, the apparatus, stuff like that. So we were showing what we really have control over. Plus all the other apparatus and supplies goes through the Procurement Department. Whatever their bid requirements are, we follow. DEPUTY

Procurement and Fleet, if you think about for the Fire Department, are the two departments that actually purchase all of the equipment for the Fire Department, and it is in a way that is done that has -- that there's usually only three persons that are even in the entire industry that provide the service in some respects. So that would be the better place to actually ask that question. I'll be back for that, if you'd like, but I can provide that to you and I'll be glad to do that.

So every other purchase made by the Fire Department is done through an umbrella contract? There's nothing else? Because 113 4/6/10 - WHOLE - BILL 100115, etc. you have camera services. You have other things. None of these things that are individualized for the Fire Department are part of our goals in terms of minority and Philly-based contracting? DEPUTY COMMISSIONER BEATRICE: Jack's Camera Service would be part of the overall Procurement Department's citywide contract. So the Fire Department would really have no input into it.

So where we buy our fire alarms that we raise money, none of that stuff -- it just goes through your traditional -- DEPUTY COMMISSIONER BEATRICE: Through the traditional Procurement process.

Okay. So there are no goals attached to -- DEPUTY COMMISSIONER BEATRICE: Procurement has citywide goals just like every other department.

I 114 4/6/10 - WHOLE - BILL 100115, etc. just -- again, you're purchasing millions and millions of dollars in other services, so I guess we'll have to ask that of the Procurement Department, but I'm interested to see how we ensure the specialty items that we buy at the Fire Department have a potential of being bought by Philly-based companies, let alone the other requirements. DEPUTY

We agree. I hear you, Councilwoman, and I agree.

As it relates to the Water Fund situation, does that mean the Water Department has meters at our stations? And who comes up with that number? DEPUTY

The Water Department.

So are we metered? DEPUTY

I want to -- I'd have to get back to you on exactly that process. I know that we are 115 4/6/10 - WHOLE - BILL 100115, etc. metered and I know that our -- but if you think about the amount of water that the Fire Department uses, I'm sure that there is a particular process. The hydrants are not metered. So whenever you're putting out the fire at the hydrant, that's not metered, but all the other matters, buildings, firehouses, that stuff is metered.

That number seems really high, and I know that we're working at breaking down these silos, but I want to make sure that the Water Department is not balancing their budget on the backs of the Fire Department with a number that's just arbitrarily -- DEPUTY

I don't think Deputy Mayor Rina Cutler would do that to me now. Come on.

Of course not. DEPUTY

I really don't think that would be a 116 4/6/10 - WHOLE - BILL 100115, etc. matter. So, no, I would not suggest that. (Witness approached witness table.)

Councilmember, Steve Agostini, Budget Director. Actually, the entire City has received increases in water rates just like everybody else in the City. As you can imagine, my initial reaction was not enthusiastic when the Water Department sent the bill, but we are subject to the same water rates and subject to the same billing --

Why?

-- across the board for everything.

Why?

Why?

We're the City.

The Water Department functions under rate guidelines that are part of bond 117 4/6/10 - WHOLE - BILL 100115, etc. indentures associated with capital improvements at the Water Department. So something we have to conform to.

And therein lies my concern. Again, you have departments that rely on a certain amount of money to be able to borrow and do those improvements. I want to ensure that we're not doing that on the backs of other departments, because it's like taking from Peter to pay Paul. So I just think that that rate, unless you can tell me it's metered and there's a mechanism for this, that they shouldn't be allowed to arbitrarily set a number like that.

Well, I certainly don't think they're arbitrary and I've certainly had more than one conversation with the Deputy Mayor and the Water Department Commissioner for the very reason that you're raising, not likely to sort of absorb a few million-dollar increase across the City very happily. 118 4/6/10 - WHOLE - BILL 100115, etc.

Okay. Well, I'll look forward to that information as to how that formula is developed. That's all. Thank you, Madam President.

You're welcome. The Chair recognizes Councilwoman Tasco.

Good afternoon. DEPUTY

Good afternoon.

I want to go back to a question that Councilwoman Quinones raised relative to the recruitment. Who prepares the exam for the Civil Service Department? COMMISSIONER AYERS: Personnel is in charge of that.

Do you have any input into what the content of the test might be? COMMISSIONER AYERS: 119 4/6/10 - WHOLE - BILL 100115, etc. Occasionally Personnel will call and ask us professional questions about testing, that type of thing. They will tell us that we have an opportunity to talk with other testing companies around the entire country just to let folks know that that's going to be opening up, things like that, but as far as the actual test, it's a Personnel function.

So who in the Personnel Department has the capacity or ability to draft test questions relative to the Fire Department or the functions that may be required of the person taking the test? COMMISSIONER AYERS: I believe they also look at professional services to develop the test. DEPUTY

That's correct.

Who is professional services? DEPUTY

If I may, Councilwoman, most of the time what 120 4/6/10 - WHOLE - BILL 100115, etc. happens, that there are several companies that just basically provide these kinds of technical tests for cities, and what normally happens is that the Personnel Department would engage different companies to help develop the test. There are certain national companies that actually do that. And whenever a test is about to start, you would put out an RFQ or an RFP to see who you're going to hire that would be able to develop the test, and especially when it comes to Fire because of how litigious this particular question is and has been for over 35 years, this is something that is left to that specialty, and then the City basically hires the company that helps put the test together. So that's the process.

So to follow that to the next question she proposed was, are you able to review the falloff to see why individuals might not be passing the test? We may recruit a 121 4/6/10 - WHOLE - BILL 100115, etc. number of people, but what happens in the end that you get -- maybe you recruited 200 and you end up with ten. What happened to the other 190, and are you able to review those applications or have a discussion with them as to what happens? COMMISSIONER AYERS: Yes. Well, for this year, there has been an improvement in the whole process as far as testing, where there is monitoring from the recruitment process through to the notification process that a test is being prepared, through to the actual testing, who enters the room, who exits the room, who actually makes the list, who gets hired. This whole process is being put in place for this test.

Do you have any input into that process? COMMISSIONER AYERS: For review.

For review? 122 4/6/10 - WHOLE - BILL 100115, etc. COMMISSIONER AYERS: Correct.

So do you have any idea what the drop-off is or why you have such a drop-off? DEPUTY

At this time, Councilwoman, I would just suggest that we can try and look back at you. I know -- get back to you on that issue. I can tell you that for litigious reasons or for trial reasons in this area for literally almost 40 years -- I remember when I was in law school, I actually argued the Memphis Firefighters versus Stotts decision back in 1985. This is always left to a separate company and a separate part so that the Commissioner is not seen as favoring one side or another. They give and provide a certain level of detail expertise. They then turn it over to either a company that has gone through and has been seen by the Supreme Courts in various states as being okay, the test is fine, but just as a result of the Connecticut decision that was made a 123 4/6/10 - WHOLE - BILL 100115, etc. couple of months ago, this entire process is always in change and always being refined, and the Personnel Department of the City works with whoever is going to win the contract to help put this test together. They will work that out. The Commissioner will be able to review and give some idea about these are the parameters, but this is best left to them to make sure that whatever test comes up, we will be able to withstand a challenge in court, because no matter what, whoever wins or loses, you're going to end up getting sued one way or the other, so you have to make sure that you get the best test that you can, the fairest test you can in order to fulfill the goals of the Fire Department.

Okay. Thank you, Madam President.

You're welcome. The Chair recognizes Councilman Greenlee. 124 4/6/10 - WHOLE - BILL 100115, etc.

Thank you, Madam President. Very quickly. It's more of a statement than a question, but in one of your answers, Commissioner, to Councilman Green about overtime, you talked about how sometimes you have to -- you send personnel to events on Saturdays, at nighttime, whatever, and just for the record, I just want to say, I know I've had some of those events. I guess all Councilpeople have. And your department has always been one of the most responsive and most informative at these events. So I just want to go on record saying we appreciate that and appreciate what your department does on that. COMMISSIONER AYERS: Thank you, sir. DEPUTY

We thank you.

Thank you. Thank you, Madam President. 125 4/6/10 - WHOLE - BILL 100115, etc.

Thank you. Are there any further questions from members of the Committee? (No response.)

Seeing no one, thank you very much, gentlemen. DEPUTY

Thank you.

The Committee -- COMMISSIONER AYERS: Thank you.

-- will stand in recess until 1:30. Thank you. (Luncheon recess.)

Good afternoon, everyone. This is a continued public hearing of the Committee of the Whole. We will now hear from the Department of Prisons. (Witnesses approached witness 126 4/6/10 - WHOLE - BILL 100115, etc. table.)

Good afternoon. DEPUTY

Good afternoon.

Kindly identify yourself for the record and proceed with your testimony. COMMISSIONER GIORLA: Good afternoon, Council President Verna and members of City Council. I am Lou Giorla, Commissioner of the Philadelphia Prison System. I am here today with several members of the Prison System senior staff to testify in support of our Fiscal 2011 Operating Budget. I am pleased to advise this body that as of March 17, 2010, the Prisons had a census of 8,439 individuals. One year ago on the same date in 2009, the number of inmates housed in all Prison facilities numbered 9,453 individuals. As a result, the Prisons' budget request for FY2011 is $9 127 4/6/10 - WHOLE - BILL 100115, etc. million less than the agency's FY2010 request of $248 million. This is the largest reduction out of any other department in the City for FY11. For Fiscal 2011, the Prison requests the following: In Class 100, $123,558,000 for salaries; in Class 200, $110,010,000 for contracted services; in Class 300 and 400, $4,768,000 for supplies and equipment; in Class 500, $1,301,000 for indemnities contributions. There are a number of reasons for a reduction in the target budget as well as the prison population. For example, recent procedural changes by the First Judicial District, which now allows defendants with several cases to appear before one judge on all matters. The same protocol was adopted for parole and probation violators who have been returned to custody. This resulted in a decreased length of stay and faster case disposition for those confined to the Prisons. 128 4/6/10 - WHOLE - BILL 100115, etc. In addition, the Philadelphia Prison System worked with the member agencies of the Criminal Justice Advisory Board and the Deputy Mayor of Public Safety's Office of Prison Population Management to transfer nearly 300 inmates with state sentences to state custody. Finally, the Prisons have seen a small but significant reduction in admissions resulting from the Police Department's success in cutting the City's crime rates. Within the Department, efficiencies have been enacted as well. Over the last months, we have reduced 17 the number of correctional officer 18 vacancies, resulting in a net savings of $2 million in Class 100 and an overall overtime reduction of $4 million. Meanwhile, sick time for correctional officers declined by nearly percent, 23 which again helps us better manage staff 24 deployment and reduce overtime costs. 25 Other changes that we have 129 4/6/10 - WHOLE - BILL 100115, etc. enacted help us to do our jobs better and lower the rates of recidivism, which will decrease our costs in the long term. For example, every Prison facility in the State Road complex is now equipped with a video station linked with video-capable courtrooms at the Criminal Justice Center. This innovation is reducing the number of inmates who must appear daily at the courthouse, reducing transportation costs and minimizing the risk to public safety. While custody and control are the two major responsibilities of the Prisons, care is the third and equally important facet of our mission. In Calendar 2009, GEDs, general equivalency diplomas, issued to inmates numbered 320, a percent increase from 2007. The 21 Prisons Horticulture program worked with 22 the Pennsylvania Horticulture Society's 23 Philadelphia Green program and produced 24 13,000 pounds of fresh produce for 25 community food banks since its inception 130 4/6/10 - WHOLE - BILL 100115, etc. in 2006. Over the last two years, the Prisons has decreased -- I'm sorry; has increased the number of sentenced inmates involved in programming from 36 percent to over 78 percent. The newly opened Office of Reintegration Services for Ex-Offenders, or RISE, is now working directly with Philadelphia Prisons inmates to provide job training, placement and community support. Programming begins while offenders are still in custody and does not wait until they are released.

Of the 480 ex-offenders enrolled in the Fiscal Year 2010, only seven have recidivated. During this fiscal year, PPS plans to institute a program of Day Reporting where offenders can access treatment while in the community. The intent is to reduce the number of technical and direct violations of probation and parole, a major driver of surging jail populations nationwide. Because of the aforementioned 131 4/6/10 - WHOLE - BILL 100115, etc. prison population reduction, the Prisons were able to withdraw from expensive, out-of-state inmate housing contracts. Many of the temporary housing areas used to accommodate the high population have been closed. Triple cells have been greatly reduced. However, we are still operating above our design capacities at most jails. However, during this fiscal year, planning will begin to renovate the former Prisons site on Torresdale Avenue to create as many as 600 new beds. When completed, the site will relieve our older facilities and create swing space needed to prepare for the replacement of our oldest jail, the House of Correction. The Prisons are also a major contractor of services. In Fiscal Year '11, the Prisons anticipated for-profit contract obligations total $71,379,000. Of those contracts, 33 percent, or over $23 million, will be disbursed to minority, women or disabled business 132 4/6/10 - WHOLE - BILL 100115, etc. enterprises, exceeding the City's goals of percent participation. Attached to 4 this testimony is a table showing the 5 Prisons expected minority, women or 6 disabled business enterprise 7 participation for Fiscal 2011. 8 In consideration of the 9 proposed seven and a half percent cuts 10 for City departments, also attached are 11 typical examples of how the Prisons' 12 proposed budget would be affected. Such 13 a reduction would force the cancellation 14 of Prison-funded reentry programs, 15 vocational training and halt preventive 16 maintenance. 17 The summer, which traditionally 18 is accompanied by a marked prison 19 population increase, is near. Upcoming 20 changes in the Municipal Court's 21 preliminary hearing process, the bail 22 system and the looming fugitive crisis in 23 Philadelphia could result in increased 24 prison population levels in the near 25 future. The coming months will provide 133 4/6/10 - WHOLE - BILL 100115, etc. proof of whether these reforms and efficiencies have indeed taken hold. In the meantime, each and every Prison staff member will be committed to providing secure detention in an environment meant to foster successful reentry. Thank you for your attention and consideration. We will be happy to answer your questions at this time.