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FDAC Report May 2022

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2022 BOARD OF DIRECTORS President Jim Comisky 1st Vice President Frank Frievalt 2nd Vice President Eric Walder Treasurer Richard Pearce FDAC STAFF Catherine Smith, Executive Director Carmen Berry, Deputy Executive Director Melissa Feltz, Coordinator Dani Dejeu, Assistant Derrick Bouchard, Graphic Designer PHOTOGRAPHY Pexels, Pixabay, Shutterstock and Unsplash The purpose of this Association shall be: 1) to present a united position on fire protection issues; 2) to coordinate with other associations with similar views on fire protection, including legislation; 3) to provide advisory services and any other services deemed appropriate by the Board of Directors that may benefit member agencies; 4) to keep member agencies informed on laws relating to fire suppression, emergency medical and other related services provided by member agencies; 5) to take an active role in the legislative process affecting public agencies providing fire suppression, emergency medical and related services. Thank you to all the authors in this issue for sharing with you their time and expertise. If you have an idea for a future article, please contact Carmen Berry at the FDAC office at cberry@fdac.org. Disclaimer: The views and opinions expressed in these articles are those of the authors and do not necessarily reflect the official policy or position of FDAC. For more information on FDAC or this magazine, please contact the FDAC office at 916.231.2137 or visit the website at www.fdac.org.

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Emergency Medical Services Studies Consolidation / Regionalization Studies Community Risk Assessments / Standards of Cover EMS Billing Rate Studies First Responder Fee Studies Staffing Studies Ambulance Service Feasibility and Optimization Studies Customer-Centered Strategic Plans Operational Analyses EMS System Valuations and Analyses Annexation Feasibility Studies Master Plans Fire Protection and Life Safety Feasibility Studies Mobile Integrated Health Studies Accreditation Guidance Fire Station Location and Engineering Studies Succession Planning Deployment Studies GEMT Creation and SPA Development Fire Prevention Fee Development Studies Communication Technology and 911 Studies Revenue Generation Studies Regional Fire Service Studies Expert Witness Testimony Fleet Management Studies Enabling Legislation Creation FDAC 3 Organizational Assessments Alternative Governance Model Feasibility Studies


PRESIDENT’S MESSAGE J A N U A R Y / F E B R U A R Y

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ello my fellow FDAC members.

Jim Comisky, South Lake County Fire Protection District

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meeting with Cal OES Director Mark Ghilarducci; a meeting with I would like to thank those of the Secretary of Health and Human you that attended the 2022 Services Dr. Mark Ghaly, discussing Annual Conference in Napa back in ways to better deliver EMS from our April. The attendance was strong, and point of view and finally, we are I could see that everyone was happy developing a relationship with the to be back together after two years of Interim Director of Cal EMSA Elizabeth cancelled conferences. “Liz” Basnett. Additionally, in June the FDAC and Cal Chiefs Executive Boards Our industry partners were pleased will meet to explore other ways we can with the contacts they made. We collaborate and be more effective with also received some great feedback from attendees. However, this success our shared agendas and services to our members. All of these opportunities will would not have been possible continue to develop our joint voice in without the commitment and hard fire service. work from the entire Training and Education Committee as well as all Our Legislative Task Force continues the outstanding guidance and support to do an amazing job updating us from staff. But please talk it up with on legislation that may positively or your peers and your Boards so we negatively impact us, thank you for all can have an even more outstanding your work. one next year in 2023!! The FDAC Board is also looking at As we move forward, FDAC shifts its expanding the eligibility to serve in a focus on the Leadership Symposium leadership role with the association. We which targets and assists the are looking at succession planning as upcoming chief officers and integral some of our veteran leaders retire and companies in the fire industry. We we see new leaders stepping forward. hope to hold the symposium in the Currently only fire chiefs and governing Fall in Sacramento and as we are officials can serve on the FDAC Board. now building our topics and finding speakers. As we move forward from spring to summer, I will caution you all to project We continue to partner with our out how another horrific fire season colleagues at CalChiefs to speak may impact your staff and develop a with a united voice on what the local plan to support them. There is an old government fire service needs to saying “Don’t start to dig a well only successfully deliver our services to when you are thirsty, get it done before taxpayers. Several great examples that.” Just food for thought. of that are our quarterly in person


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I was asked to speak at the Sonoma County Fire Districts Association meeting late last month regarding FDAC activity and opportunities. FDAC Zone Directors are available to address local fire districts so please reach out if there is an opportunity for FDAC to connect with county fire associations or other gatherings. Zone Directors are also happy to try to assist members with questions or at least point them in the right direction! Be well, check your personal well-being and that of the troops. Be safe and I look forward to seeing many of you this fall at the 2022 FDAC Leadership Symposium! Watch for more details soon!

Chief Jim Comisky President FDAC South Lake County Fire Protection District

FDAC’S MEMBERSHIPS ARE UP FOR RENEWAL! Another great year has come and gone thanks to the collective efforts of the FDAC participants. With California’s Fire Districts and all their first responders in mind, the FDAC and its members have united to create solid changes for the betterment of this state, its Fire Service, and the future. We are grateful to all our members, for you are the reason FDAC is as strong as it is. To continue your support, login to your districts account and renew your membership today!

LOGIN & RENEW Would you like to support our force? Join today! Members get discounts on all event registrations!

BECOME A MEMBER!

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Eric G. Walder EFO, Fire Chief, Waterloo Morada Fire District

s I was approached to write this Leadership Corner article, I was having a rough time deciding on which aspect of leadership that I wanted to share my thoughts on with literally every Fire District employee in California. Having been in the Fire Service for over thirty years I know how opportunities like this can go, you step up to the challenge and you give it your best shot and you either end up a hero or the proverbial zero. While I was thinking about swinging for the bleachers and hitting that home run with this article, I was taken back to a time when I wasn’t in a leadership position in my fire district. As a young firefighter looking to promote, I had a Chief Officer who always spoke up about courage and how having the courage to be a leader was the most important characteristic one could possess in the Fire Service. At the time I thought it was kind of a corny thing for the Chief to say, with a sudden flash in my mind of the Lion in the Wizard of Oz who had no courage. But I rationalized through the eyes of a firefighter what the Chief was really saying is that a firefighter had to be courageous to fight fire, treat the critically ill, and put themselves in harm’s way. Although that rationalized thought was correct about firefighters and the physical act of firefighting and delivering care to the sick and injured, what I was missing was how courage and leadership are intertwined.

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Overtime, I was promoted to various chief officer ranks and began to understand the Chief a little better, but I still hadn’t made the full connection between courage and leadership. I began to believe that I was protected from the full responsibility and weight of leadership because as a subordinate Chief Officer I didn’t bear the full responsibility for the organization that the Chief of the District does on a day-to-day basis. As a Fire Chief, doing the right thing for the Firefighter’s, District, Community, and yourself at times compete with one another. Making those tough decisions will require fortitude, resolve, and most times abundant courage. Some of the best decisions and toughest decisions that I have made for all the groups that I serve as Fire Chief were decisions that were not publicized, or few individuals ever knew there was even a decision made. Recently, I attended the Executive Fire Officer’s Symposium at the National Fire Academy and many of the topics centered around transformational leadership and how today’s leaders need to develop followers into tomorrow’s leaders. Many difficult topics that are being discussed in the Fire Service will take courage for today’s leaders and future leaders to confront in their organizations. From discrimination, firefighter suicide, firefighter cancer, workplace violence, and the changing work force are a few current issues that will require tremendous courage to make significant improvements within our profession.


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For over 25 years, Chief Tony Corado has been transformational in his ability to turn followers into leaders. Over the years he challenged me and many others to accept more responsibility and face issues that were outside our comfort zones for the betterment of the organizations we serve.

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After his retirement and especially since I became a Fire Chief, we had increasing contact and would meet up with other retired Chiefs of the District on regular occasions. I can tell you after ten years of retirement Chief Corado was still talking about courage. I told the Chief I was writing this article about courage, and he was excited to read it that’s for sure! With great sadness, before I had a chance to finish this article Chief Tony Corado passed away in January before I could fully share my thoughts with him about what he taught me about courage, leadership, and ultimately, I realize now transformational leadership.

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The Fire Chief that spoke to me about courage over the twenty-five years that I worked for him was Fire Chief Tony Corado. He was the Chief at South Placer Fire District for fourteen years, a member of FDAC, a past president of FAIRA and a fire professional for over thirty-six years.

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Fire Districts Association of California T H A N K

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S P O N S O R S !

Liebert Cassidy Whitmore

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Holman Capitol Corporation Lexipol PARS Sleep Number Corporation Neighbors by Ring www.1582exam.com

CSDA Fire Facilities National Child Safety Council ParcelQuest BK Technologies GovDeals

What is an Annual Sponsorship? FDAC Annual Sponsorships cover a year’s worth of advertising, virtual and in-person events and publications. When you register as an Annual Sponsor, your company and FDAC work hand-in-hand for the entirety of your sponsorship window. Every Sponsorship level includes a booth at the 2023 Annual Conference but be sure check out the additional items available for the conference as well as the fall Leadership Symposium to expand your company’s exposure. FDAC staff member Melissa Feltz is available to answer any of your sponsorship questions; please contact staff@fdac.org. 8

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Head on over to our FDAC Sponsorship Registration webpage and select from the Annual Sponsorship Level of your choice from the dropdown menu. All Annual Sponsorship Opportunities Include: One complimentary 6-ft exhibit display table, recognition on signage at the 2022 FDAC Annual Conference, listing in the sponsor/exhibitor section of the FDAC Annual Conference Attendee Roster; one year display on the FDAC website preferred vendor list and sponsor ribbons for your staff’s name badges.

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FDAC Los Angeles • San Francisco • Fresno • San Diego • Sacramento www.lcwlegal.com

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Fire Districts Association of California F I R E D I S T R I C T L E A V E B A N K L I A B I L I T I E S

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s your Fire District employees approach retirement, they often times have hundreds, if not over a thousand hours in accumulated leave time on their agency’s ledger. Such is the nature of these professionals, who are long-tenured and rarely take significant time off. So, what happens when these employees decide to retire or leave to accept a position with another Fire District?

Bordan Darm FDAC EBA’s Consultant

Agencies are unexpectedly hit with the liability of paying out large banks of leave hours—and too often, management finds that their budget is not prepared for payouts of this magnitude. This liability not only can crush an organization’s budget, but must also be reported annually as compensated absence, adding to the organization’s overall unfunded liabilities. This can be viewed negatively by credit rating agencies when assessing creditworthiness. It’s no secret that the public sector is facing a significant crisis in its effort to keep up with escalating pension and retiree health care costs. State and local governments are increasingly finding themselves saddled with huge unfunded liabilities. Often overlooked is the role that compensated absences play in this crisis. According to the Los Angeles Times, the State of California owes $3.5 billion in payouts for unused vacation time to State workers. In 2017 alone, the State paid out $300 million for unused vacation days to retiring workers1. Perhaps more alarming than the total liability is the lack of sustainable solutions put in place by municipalities across the Golden State.

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Despite the seemingly insurmountable challenge at hand, fiscal sustainability can be a reality through Keenan Financial Services’ Accrued Leave Conversion Plan, an innovative benefit mechanism that increases budget predictability, reduces or even removes liabilities of accrued leave payouts, and decreases the administrative burden, while permanently saving both employers and employees 7.65% in FICA payroll taxes on accrued leave paid into the plan. The Accrued Leave Conversion Plan deposits the pre-tax value of unused compensated employee absences (vacation, holiday, and sick days for example) into an employee’s 401(a) retirement plan or Health Reimbursement Arrangement (HRA), transferring the value of leave bank dollars, and therefore management of those funds to the employee while allowing for potential growth. The plan can be completely customized (contribution amounts, timing, and frequency) based on your district’s leave policy. Districts who allow for leave contributions into the plan throughout active service take advantage of contributions calculated at an employee’s current pay rate versus a potentially much higher final rate of pay at retirement, while continuously lowering district’s mandatory reportable annual liability with certainty. Meanwhile, employees’ dollars enjoy the benefits of compounding interest and either tax-deferment in the 401(a) plan or completely tax-free growth in the HRA.


Now is the time to schedule a consultative session to see how the Accrued Leave Conversion Plan can benefit your district. Contact Bordan Darm (FDAC EBA’s Consultant) today at bdarm@keenan.com for more information. Melody Gutierrez, “California state workers hoarding vacation days, creating $3.5 billion debt for taxpayers,” https://www.latimes. com/politics/la-pol-ca-californiagovernment-worker-vacation-payouts20190307-story.html, (March 7, 2019). 1

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Fire Districts Association of California L E G I S L A T I V E A R T I C L E

GOVERNOR’S MAY REVISE TO 2022-23 STATE BUDGET

Russell W. Noack, Public Policy Advocates, LLC Julee Malinowski Ball, Public Policy Advocates, LLC

The Governor released his May Revision to his January 2022-23 State Budget. The May Revision reflects $49.2 billion in discretionary surplus, and the overall budget plan spends 94 percent of the discretionary surplus on one-time projects. The highlight of this proposal is the inclusion of $18.1 billion in direct relief to help offset rising costs and projects that the minimum wage will be boosted. Highlights of the relief package include: •

Tax refunds to help Address inflation in the form of $400 checks to every eligible registered vehicle owner, capped at two checks per individual.

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Help to pay past-due utility bills – electric and water.

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Provide additional rental assistance for qualified low-income tenants who requested rental assistance before March 31.

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Pause the diesel sales tax for 12-month. to assist the commercial sector and drivers that would provide upwards of $439 million in relief.

California’s minimum wage is projected to increase to $15.50 per hour for all workers on January 1, 2023. The accelerated increase is required by a provision in the state’s existing minimum wage law when inflation exceeds 7 percent. 14

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The State Appropriations Limit or “Gann Limit” was exceeded in the 2020-21 and 2021-22 fiscal years by a small margin. The May Revision does not exceed the limit, missing it by $2.6 billion. However, the limit may be exceeded in future years. Emergency Response and CAL FIRE The May Revision builds on the January proposal to continue building forest and wildfire resilience statewide and expanded the state’s wildfire response capacity. Additional funding is proposed to support expanded fire crews and air attack operations. The Administration also continues to work with firefighter associations on additional proposals that would appropriately staff CAL FIRE to meet the demands of wildland firefighting in a changing climate. The May Revision proposes $183.4 million ($153.9 million General Fund) and 50 positions to address emergencies and disasters across the state. This includes: •

Enhancing Emergency Warning and Response—$8.1 million General Fund ($5.2 million ongoing) and 19 positions for the California State Warning Center to better analyze, monitor, coordinate, and inform decisionmakers on critical emergency incidents and disasters. The Warning Center identifies potential emerging threats 24 hours a day, 365 days a year. This proposal will increase training, improve staff retention, and establish an alternate site to strengthen operational readiness.


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Safeguarding the Availability and Delivery of Emergency Supplies and Commodities—$114.3 million General Fund one-time to provide warehouse space, purchase new and replace expiring personal protective equipment, increase commodity supply for an all-hazard event, and secure logistic support equipment. This proposal will support California’s ability to act quickly and help ensure appropriate resources are available across the state for all emergencies.

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Strengthening Southern California Response—$5.4 million General Fund one-time for design of a permanent Southern Regional Emergency Operations Center at the former Fairview Developmental Center in Costa Mesa. This new facility will provide coordination response efforts between federal, state, and local partners in the Southern California region, and it will be the critical focal point for mobilizing Southern California disaster response assets and intelligence.

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Modernizing Technology and Data Analytics—$19 million General Fund ($10.5 million ongoing) and eight positions to modernize Cal OES’s technology and data capabilities through new technology and updating outdated systems. Reliable data analytics have proven more important than ever to make data-informed decisions impacting the state’s emergency response and overall recovery strategy.

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Providing Local Law Enforcement Mutual Aid Deployment Resources—$25 million General Fund ongoing and five positions to provide local law enforcement support during disasters and emergencies. This funding will reduce local costs, accelerate response time, and provide sustainable participation of all 58 counties within the State Law Enforcement Mutual Aid system by minimizing funding considerations from the decision-making process.

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The May Revision proposes $150.2 million ($141.7 million General Fund) and 465 positions to enhance CAL FIRE’s capabilities to meet the demands of wildland firefighting in a changing climate.

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Emergency Surge Capacity and Response Enhancements—$8 million General Fund and 34 positions in 2022‑23, $7.6 million in 2023‑24 and 2024‑25, and $968,000 and five positions ongoing to reflect the staffing components of two Governor’s Budget proposals. These proposals will (1) purchase 4 additional S70i Fire Hawk helicopters and (2) contract for 10 exclusive use helitankers each year for the next three years while the state awaits the delivery of retardant dropping C-130 aircrafts from the federal government.

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Responding to the Pandemic—$29.5 million General Fund one-time to continue COVID-19 testing efforts and provide resources to activate the state’s mutual aid system in the event of future outbreaks. Improving Emergency Training—$7.2 million General Fund ($5.8 million ongoing) and 23 positions to provide a greater selection and more relevant courses for emergency management professionals and emergency responders at the California Specialized Training Institute. This improved curriculum will allow the Institute to broaden its course offerings to reflect current and future challenges facing the emergency management community.

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CAL FIRE Staffing to Support Fire Crews—$104.4 million General Fund ($49.9 million ongoing) and 270 positions, phased in over four years, to provide the necessary CAL FIRE staffing component of two Governor’s Budget fire crew proposals. Combined, these proposals will add 8 new yearround California Conservation Corps (CCC) and CMD fire crews (four crews each) and convert 16 existing seasonal CCC and CMD crews to year-round crews (6 CCC and 10 CMD). These proposals will increase the overall number of permanent hand crews available to: (1) respond to wildfires throughout the year, (2) implement high‑priority fuel reduction projects to protect communities from wildfire, and (3) participate in prescribed fire and other fuels treatment projects to achieve more resilient landscapes.

Senate Bill 978 also by Senator McGuire would establish an updated process for post disaster debris cleanup.

Direct Mission Support—$37.8 million ($29.3 million General Fund) in 2022‑23, $35.6 million ($27.5 million General Fund) ongoing and 190 positions to enhance staffing, improve operational effectiveness, and provide critical administrative and program support necessary to sustain CAL FIRE’s direct mission functions in an increasingly complex environment.

Senate Bill 926 also by Senator Dodd would expand the Prescribed Fire Liability Program by allocating $20 million to a claims fund to cover losses from permitted burn events.

LEGISLATIVE UPDATE Legislative policy committees have completed their initial work of hearing bills introduced in their own house. We are happy to report that several bills supported by FDAC have leaped this hurdle and are now waiting to be heard in the Assembly or Senate Appropriations Committees. These include: Assembly Bill 1721 by Freddie Rodriguez would establish an Emergency Medical Services Mutual Aid grant program administered by Cal OES to provide $950 million for local emergency preparedness, seismic retrofitting of soft story apartment buildings and surge capacity enhancements. Assembly Bill 2819 by Ken Cooley would allocate $1 billion for small communities (population less than 300,000) by providing grants to fire districts and other special districts to support disaster preparedness, wildfire mitigation and recovery, road maintenance and fairground improvements to support use as disaster staging and evacuation sites. Senate Bill 1062 by Mike McGuire would earmark funding to establish and maintain minimum staffing levels for CAL FIRE.

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Assembly Bill 2477 by Freddie Rodriguez would require Cal OES to adopt minimum operating standards for private companies providing alert and warning services to local entities. Senate Bill 896 by Bill Dodd would create an incentive to improve defensible space assessment, data collection and reporting to promote these programs at the local level.

Assembly Bill 2705 by Sharon QuirkSilva is a bill sponsored by the California Building Industries Association and has been amended to provide feasible standards for residential development in high-risk fire hazard zones. Senate Bill 1292 by Henry Stern, a harsher development restriction bill that would have prohibited development without stringent findings, has been held for this session. Two additional measures that FDAC opposed that are no longer threats include Assembly Bill 1993 by Buffy Wicks that would have required mandated proof of vaccination for COVID-19 by all employees at the work site and Assembly Bill 2709 by Tasha Boerner Horvath that would have set up an emergency ambulance reimbursement system that would have prevented obtaining anything close to actual costs. Both bills were held in their first policy committees.


Outside of the Legislature, the Business Roundtable is pursuing an Initiative that seeks to limit the ability for local governments to enact taxes, fees, assessments and property-related charges. The sponsors have submitted signatures, which are now being verified at the county level; 997,139 valid signatures are required for the Initiative to qualify for the November Ballot. A coalition of city, county and special districts has been organized and leapt into action to vigorously oppose the Initiative.

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Finally, as a result of meetings held at the Annual Meeting in Napa, FDAC has begun a process of exploring methods to improve ongoing fire district funding including developing data and messaging documents on the impact ERAF has had on fire service resources. The goal of the working group is to lay a foundation for legislation in the next legislative session.

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Fire Districts Association of California F D A C ’ S

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n Attendees Perspective Connectivity and Perspective

Walter White Fire Chief, Amador Fire Protection District

April 6, 2022 marked the first time in over two years that the Fire Districts Associations of California (FDAC) held an in person annual conference, rather than virtual. It was great to see everyone and spend a little time in Napa Valley at the Marriott Hotel and Spa. Additionally, this year marked a personal change for me as I moved from a Director at large position to the Director of Zone 3, covering the counties of: Placer, El Dorado, Sacramento, Amador, San Joaquin, Contra Costa, Alameda, Stanislaus and Merced. I am honored and humbled to represent Zone 3 and genuinely appreciate the trust in your vote. The past two years have been challenging to say the least but as we emerge from the COVID-19 Pandemic, our perspectives have changed and continue to do so and our realization of the importance of connectivity have been heightened. Our attitudes and perspectives are so critical to our success, they shape the way we think, act, and feel about our profession. Furthermore, the opportunity to connect in person with our colleagues is not only extremely valuable in regard to gathering new information but also with the sharing

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H I G H L I G H T

of ideas and strategies. On a personal level, the connectivity with peers improved my outlook on the year ahead. Gathering in person reminded me that we are not in this alone. Many of us face the same or similar challenges regarding work; the conference sessions, social interactions and the vendor display of tools and services available all played a role in renewing my sense of optimism, camaraderie, and inspiration toward workplace progress. Perhaps one of the most perspective changing sessions of the FDAC 2022 Annual Conference was a facilitated discussion called “Past, Present and the Future: A Generational Perspective”. The session was moderated by Steve Hall and featured retired Sacramento Metropolitan Fire Chief Kurt Henke and Sacramento Metropolitan Firefighter Ian Brady. Personally, I feel like the presenters and moderator knocked this one out of the park. The panelists answered a series of structured questions intended to examine the generational differences of perspective relating to our occupation and the ever-evolving nature of the fire service. Session attendees were very engaged with questions of their own, which were all answered with well thought out responses. The session provided


attendees with insight regarding conversations that are taking place across all districts about the generational diversity of thought amongst our workforce. Reminding us all to take the time to truly understand what motivates our firefighters and makes them tick. Much credit has to be given to Catherine Smith, Carmen Berry and their team for their tireless work to make this year’s conference another well attended, seamless success.

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The FDAC Certificate of Achievement (COA) Program is Back – Updated for 2022 Due to the unprecedented pandemic we have all faced, personally and professionally over the past two years, FDAC’s COA program was put on hold. With a new year comes a renewed vigor and a redesigned program, developed to meet the needs of you, our members. We are very excited to offer the COA to your organization in person, or virtually if needed. Whether new to your role or a seasoned professional, the COA is designed for Fire Chiefs, Chief Officers, and Fire District Board Members looking to expand your knowledge base on areas specifically related to District governance. The COA course of instruction is presented over two days conducted onsite within your respective jurisdiction. Topics within COA presentation include: • • • •

Legislation, Regulations and Code Board Organization, Roles, Responsibilities and the Brown Act Fire District Planning Latest Trends, Issues, and Resources

Each of these topics are presented through an interactive process by fire district professionals, well-versed in the understanding of what it takes to develop, manage, and maintain a successful organization. If you are interested in hosting a COA program for your District or County Chief’s Association, please do not hesitate to reach out to your respective Zone Director (contacts available on the FDAC website) or contact FDAC staff at staff@fda.org for more detailed information and to schedule a presentation.

Interested in having one in your district? Contact us today! If you need hotel information, please contact staff@fdac.org and we can provide you a list of nearby accommodations. FDAC | 808 R STREET SUITE 209, SACRAMENTO, CA 95811 | STAFF@FDAC.ORG | (916) 231-2941


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FDAC Report May 2022 by FDAC - Issuu