FDAC Report November 2022

2022 BOARD OF DIRECTORS

President Jim Comisky

1st Vice President Eric Walder

2nd Vice President Jeff Willis

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 ar ticles 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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Greetings

my fellow FDAC members, thank you for taking the time to read our third installment of the FDAC Report for 2022. Since the last publication in May much has happened. Your FDAC Board was extremely busy in pushing forward SB443 (Hertzberg) to clarify the rights of the Fire Service to deliver EMS care at a level that we determine appropriate. However, there was significant opposition against it, so instead of an almost certain failure in committee, we decided to pull the bill this year. When I say we, I mean our partners at Cal Chiefs, PPA, Senator Hertzberg and our joint Legislative Committee. Due to the effort we have put into developing relationships at Cal EMSA I believe there may be an opportunity next session to get what we need in place by several methods. There is a meeting scheduled for all of our partners to get together and come up with a game plan. FDAC will provide an update as things evolve. Our Education Committee has been very busy putting together the FDAC Leadership Symposium that was held in Sacramento October 24-25, 2022. The topics and presentations were top notch and well worth attending. This has been on hold for two years and will be better than ever for those up and comers. I hope you were able to send some of your folks to the event. In addition to the symposium, we are already working on the Annual Conference that will be in Napa, March 14-17, 2023. Mark your calendar as it will be another great event!

Membership is a very important aspect of our existence, and we need your help! At your next county Fire Chiefs meeting, poll the group and see who the current members of FDAC are. For those who are not, talk to them about the benefits of being a member of our organization. The Annual Conference, the Leadership Symposium, the Certificate of Achievement training (COA), the Legislative Committee, are all very valuable to effectively run a Fire District as well as to move it forward to better serve our communities as they evolve. If you would like your FDAC Zone Director to attend a meeting to make a pitch, please reach out to them. They will be more than happy to do so.

We continue to work closely with Cal Chiefs. Immediate Past President Ray Gyke secured seats for FDAC on the Cal EMSA Strategic Planning Committee. Our 1st Vice President Eric Walder is part of that process. All of this being consistent in looking at ways to work more collaboratively together - making us more efficient and stronger. Current Cal Chiefs President Chief Tubbs and I plan on having weekly calls to ensure we share the successes and needs of each organization in collaboration as we build one voice for the California Fire Service.

This Fire Season seems, at the moment, to have given us a break from the past 7 years of devastation. We have a chance to take a breath and look at that work-family balance. Along those lines our partners at FASIS have partnered with 1st Responder Resilience to provide a series of FREE one day seminars for

Jim Comisky, South Lake County Fire Protection District

FASIS members. I highly encourage that when you get notice of the next opportunity, get that out to your team and let them gain knowledge of the tools to keep a healthy mind. You could save a life!

In closing I would be remiss to not acknowledge those who contribute so very much to our success, and that would be the staff of Smith Moore & Associates. They keep us on task and support us in so many ways. Thank you! Additionally, I want to thank our former 1st Vice President Frank Frievalt for his leadership and numerous contributions to not only the FDAC mission but the entire Western US. He may be retired; however, he continues to advocate for California Fire Service and the citizens who we serve. Thank you Chief Frievalt for all of your contributions.

My fellow FDAC members, be well, take care and I look forward to seeing you all very soon!

Best Regards,

Whenwe think of leadership, we defer to the MerriamWebster definition: the act of leading; the ability to be a leader; the leading of an organization or movement but, we must remember that we, as leaders, manage things and lead people and you can only lead those who are willing to be guided. The three areas that help develop the strongest relationships, strongest results and, ultimately, determine the length of leadership, revolve around communication, delegation and appreciation.

Communication has many edges: intended, unintended, verbal, and non-verbal. The most common intended communications are staff/planning meetings where there is shared development of vision, mission, and goals. Zoom, email and texts have posed many problems with unintended communications, be it from autocorrect mistakes or merely a disconnect from the non-verbal communications that occur naturally in-person. Training and policy updates would combine written and verbal dissemination of “Leaders Intent”. Perhaps the most powerful and misunderstood form is non-verbal communication. This is the body language, expressions and actions, many aspiring leaders in the organization fall prey to poor non-verbal communication, failing to recognize that subordinates will emulate their behavior, good or bad. The best advice for aspiring leaders is to be an exemplary model, remain curious and committed to be a lifelong learner and to have the difficult conversation with those who are struggling or wandering.

Delegation is probably the hardest for the overachievers in any organization. These individuals are used to going it alone, typically the perfectionist, and mostly take the “I’ll just do it myself” approach. Delegation is a powerful tool for everyone to reach their potential and add tremendous depth to the organization. A few parameters will guide the process; the right personnel, task matching, a defined project and resources, periodic check ins, allowance for creativity, followed by thanks and appreciation upon project completion. Delegation has benefits for every individual and organization; it is incumbent on leaders to frequently ask, “Who should be doing this task”. Providing stretch and growth opportunities will ultimately raise the bar and provide dividends for years to come. “Never tell people how to do things. Tell them what to do and they will surprise you with their ingenuity.” - George S. Patton

Appreciation and recognition builds loyalty and commitment to the vision, mission and goals of the organization. MBWA (Management by Walking Around) is one of the best methods to get out of the office, meet face-to-face with the troops and get the unvarnished truth of how things are progressing, on both the fire service and family home front. I find this time to be very uplifting and inspiring and seems to build confidence in communication, willingness to take on projects and overall organizational health.

In the fire service, we wear many hatscoach, quarterback, cheerleader, trainer, and mentor. Have fun with all of them.

Richard Pearce: Fire Chief, FDAC Treasurer

Jeff Willis Fire Chief, Big Bear Fire Department

Aswe make the transition from summer to fall, we still have some time to go before we exit the fire season for 2022. I have heard many say that fire season is now a year-round event! There certainly have been some years in which fire season started early and finished late, making it feel like it lasts year-round.

Due to the geographic location of Zone 6, the entire Zone is subject to Santa Ana winds, sometimes called the Devil Winds. These wind events occur October to March when a cool dry air mass (high pressure) sets up over the Great Basin. When these Santa Ana wind events occur, they often bring some of the lowest relative humidity of the year and produce some of the highest wind speeds. The Santa Ana winds are down slope winds coming from the high desert plains, compressing against the various mountain ranges, then whipping though the mountain passes which causes heating of the air mass due to compression. The Santa Ana winds can easily exceed 40 mph. When the Santa Ana winds present themselves across the landscape, the condition is ripe for some of the most destructive wildland fires recorded in the state’s history.

As we begin to close the door on 2022, Zone 6 stands at the ready for changeof-season wind events. In 2022, fire has been relatively subdued compared to the past two years. Let’s finish 2022 strong by continuing this trend into the winter months! In the meantime, let us all reflect and appreciate what we have. The collective contribution to a stronger California Fire Service with FDAC and other professional associations leading the way. We are truly stronger together and have proven this year after year.

Businesses

regularly consolidate or merge, resulting in a harmonious and hopefully seamless integration of services and people. While the fire service is not a business per se, there is not a significant difference when it comes to the people, finances, and services provided.

At times, the word “consolidation” may present a cause for concern. While some may see a consolidation as a moneysaver or the best method by which to streamline and improve services, others may see it as a loss of identity, power, or control. A consolidation often results in none, some, or all of these things. Simply put, consolidation equals change, and change is difficult within most industries –particularly one with strong and instilled traditions, such as the fire service.

The combined 55 years of experience across the more than 210 fire districts participating in the FDAC EBA and FASIS, has proven both programs as viable and successful alternatives to the commercial insurance marketplace. Following years of informal discussions, negotiations between the programs began in earnest in 2019 with the formation of a five-member Joint Advisory Committee comprised of Board representatives from each program. The Committee met regularly to identify the most effective method by which to consolidate the programs, with the desired outcome of increased efficiency, improved accountability, enhanced member services, and overall administrative and fiscal savings.

As discussions continued and comprehensive plans materialized, the FDAC EBA and FASIS formalized the relationship via execution of a

Memorandum of Understanding (MOU) and Letter of Intent. The MOU and Letter of Intent established the foundation for the development of a “one-stop shop” intended to provide the necessary insurance coverages and ancillary services essential to conducting business as a fire service agency.

Contextually, the term and concept of consolidation may be construed similarly to that of an interpersonal relationship.

From the beginning of, “let’s date” to “let’s get married” — there is a lot that comes in between. It is within the shared foundational ideologies of collaboration that a successful consolidated program will emerge.

The FDAC EBA and FASIS Boards approved and announced the formation of a re-branded consolidated program, effective July 1, 2023. Staff, along with oversight and guidance from the Joint Advisory Committee, are in the process of executing the Consolidation Roadmap & Project Plan and will provide member districts with regular updates, ensuring each district possesses a thorough understanding of the process and resulting efforts. It is the belief of the FDAC EBA and FASIS Board of Directors that this consolidation will result in a successful, singular, multi-line risk pool that provides comprehensive and cost-effective coverages for fire service agencies and the communities in which they serve.

If you have any question or would like more information please contact Carmen Berry at cberry@firebenefits.org or Jennifer Jobe at jennifer.jobe@sedgwick. com with any questions.

STATE OF THE INSURANCE MARKETPLACE FOR FAIRA

ATurbulent

Time for Municipalities in the Insurance marketplace.

Blankenburg FAIRA General Manager

FAIRA, along with all other California and Nevada municipal pools with Fire or Police exposure continue to cause carriers concern. In 2021 many clients saw sizable premium increases as carriers attempted to set pricing at sustainable levels, after several years of losing money. Carriers must return to growing profitable books of business following many sizable multi-million dollar settlements, civil unrest, and riots nationwide. We are thankful for FAIRA’s long term carrier partners who continue to support our program, as there have been six carriers to date who have abandoned the public entity marketplace entirely. This, coupled with “Nuclear Verdicts,” makes for the perfect storm. A Nuclear Verdict is where the jury award is disproportionate to the cost of bodily injury and/or property damage. Simply put, it is the result of a sympathetic jury. The cost of Wild Fire claims continue to escalate and a number of carriers have begun to non-renew accounts with high wild fire scores. While all pricing has increased significantly for California and Nevada risks, we are fortunate that FAIRA has a good spread of risk resulting in premium increases at the lower end of the range.

No line of coverage is immune from rate increases. Each line of coverage has its own unique factors impacting losses and carriers must price appropriately to cover losses paid, operational costs, and turn a small profit. If we can be thankful for one line of coverage that has remained stable

across all industries - it is Workers’ Compensation (WC). WC rates have seen the lowest levels of increases, coming in at low single digit increases ranging from 4-8%. This is significant as WC premiums for municipalities are often the largest single premium for any one program, with the exception of Healthcare.

Employment Practice Liability

claims are on the rise. This has been a loss leader in the Fire service for the past decade. Employment Practice

Liability (EPLI) claims include wrongful termination, harassment, discrimination based on race, creed and religion to name a few. There is a new wave of losses resulting from employers who have mandated vaccines and/or boosters as a condition of employment. Concerns include abiding by the Title VII Civil Rights Act of 1964, those with preexisting disabilities, and a host of others. The most extreme mandate was that directed at first responders in counties such as Marin where the Marin County Public Health Department approved an order that all fire fighters, law enforcement agencies, and probation officers be fully vaccinated to maintain their jobs. Fortunately, the County of Marin has since overturned this order. However, there may still be claims arising from jobs lost and the related stresses. The fallout of COVID related claims will likely not be fully known for years.

FAIRA continues to work with its

Susan

members to address loss trends and to offer risk management assistance and free trainings making us the best possible risk in the marketplace. In deteriorating times, this is when being part of a pool is most important. After all, pools were created to address the lack of affordable insurance coverage. We are proud to have served our members since 1988.

Fire Agencies Insurance Risk Authority

Susan Blankenburg, General Manager

1255 Battery Street, Suite 450 San Francisco, ca 94111 Office 415.536.4005 Toll Free 855.350 7617



FAIRA General Manager

Fire Agencies Insurance Risk Authority

595 Market Street, Suite 2100San Francisco, CA 94105 Office 415-536-4005, Cellular 415-517-8028, Fax 415-536-8499

Lowest Stable Premiums Available

Exclusively Fire & Emergency Service Agencies

In 1987, one of the largest insurers of California Fire Districts informed the fire industry that they would not be renewing their insurance. FAIRA's first year of operation resulted in an immediate premium reduction of 30%, and that was just the start! Since then we’ve continued to see favorable outcomes for our members including a combined additional savings of over 10% in the past 7 years alone. Not only did we create a solution that guaranteed continuous coverage and reduced premiums, FAIRA is the largest and only multi state Fire District pool in the United States and has saved millions of dollars.

Our members pay less in premium than they did in 1988 for exposures that have quadrupled. We provide our members with risk management and loss control services including contract review, live & on line training and we provide insurance rates that lead the marketplace when it comes to coverage terms and pricing for Property, Vehicle & Liability coverage for Fire Districts and Emergency Service Agencies.

Broadest Insurance Coverage Available  Risk Management Assistance www.faira.org

Liebert Cassidy Whitmore

Chief, Amador Fire Protection District

OnOctober 19, 2022, I had the opportunity to sit on a panel regarding fire service consolidation at California’s Local Agency Formation Commissions (Cal LAFCO’s) Annual Conference in Newport Beach. Upon arrival, I couldn’t help but notice the welcoming board and one of their listed enduring goals: Assure efficient, sustainable public services. One way to ensure those sustainable public services is by continued evaluation of the local government agencies that provide fire service throughout California and identify those opportunities that are out there to form stronger, more sustainable ones. While not every proposed reorganization, consolidation or annexation will make sense, it was clear to see that there are many that do and could strengthen to unite much of California’s fire service.

Clearly there are many potential stakeholders, including: taxpayers, county administrators, elected officials, fire agency members and LAFCO Commissioners. Consolidations could reduce or eliminate redundancies, create organizational efficiencies and effectiveness, improve services, and increase funding opportunities.

Although there can be several long-term benefits and potential for financial savings, typically we initially see increased costs and then savings are usually realized over time. Furthermore, there is both a procedural and a political process that requires both time and political resolve.

Procedurally there is usually a feasibility and efficiency study required to demonstrate the public benefit. The merging agency boards must agree to adopt resolutions that are communicated with similar wording. Then conduct a public hearing on the merits and allow for a 60-day public protest period.

Politically, despite the identified benefits there is almost always opposition to change that can range from individual desires or just a general belief of the loss of local control or identity. The encouraging news is that opposition while loud is likely to be small.

Under the Local Government Reorganization Act of 2000 - GC 5600 et seq. LAFCO has sole and exclusive authority and procedure for reorganizations of districts. LAFCO has an unprecedented and unsettled scope of authority. They perform Municipal Service Reviews (MSRs) and identify and approve fire and EMS Sphere of Influences (SOIs). Therefore, it behooves all of us to become very familiar with your LAFCO Commissioners. The good news is that even a loud public protest is unlikely to reach a threshold of concern for the derailment of a proposed consolidation that is in the public’s best interest. In fact, today it requires 25% of registered voters or property owners to get a public protest on a ballot and even that is not a certainty, or quick, or cheap. Getting a protest on a ballot can take between 12 to 18 months and cost between $20,000 to $50,000 in expenses. The previous threshold was 10% and to the best of my knowledge, there has never been a successful public protest of a fire service consolidation.

Having spent the better part of my fire service career with the Sacramento Metropolitan Fire District (SMFD), I have survived my fair share of consolidations, in fact SMFD, aka Metro Fire, comprises 16 predecessor agencies and in 2000, the district was awarded the Little Hoover Award for creating government efficiency.

Walt White Fire

In closing, I would like to send congratulations to the Contra Costa and East Contra Costa Fire Districts on their recent consolidation! I would also like to commend the following individuals, their agencies respective boards, and the County LAFCO Commissioners for moving forward with consolidations that were determined to better serve their constituents and make the fire service stronger by bringing it together:

• Former Fire Chief Rick Martinez (ret.), Sacramento Metropolitan Fire District

• Fire Chief Mark Heine, Sonoma County Fire District

• Fire Chief Lewis Broschard, Contra Costa County FPD

• Fire Chief Brian Helmick, East Contra Costa County FPD

CFCA-FDAC JOINT LEGISLATIVE TASK FORCE

2022 LEGISLATIVE REPORT (Updated October

14, 2022)

After a flurry of activity, the California State Legislature adjourned the 202122 Legislative Session at 1:30 a.m. on September 1st. Most of the measures that remain active in this report have been submitted to Governor Newsom for further action. The Governor has until September 30th to sign, veto or allow the bill to become law without signature. Unless otherwise designated, the bills he signs will take effect on January 1, 2023.

California emerged from the COVID-19 pandemic with vigor this Session. Nearly 4,500 pieces of legislation were introduced and many of those affected the Fire Service and were monitored by the Joint Legislative Task Force. In addition,

the Legislature passed a package of 2022-23 Budget measures totaling more than $300 billion, a new record. Much like last year, a large surplus in state coffers led to another round of robust spending for fire prevention, mitigation and suppression programs supported by CFCA and FDAC, and funding for many local fire department projects at the request of local legislators.

The Joint Legislative Task Force tracked, analyzed, and made recommendations on hundreds of bills of relevance to the Fire Service. Task Force Chair, Jeff Willis and Vice Chair, Ted Peterson maintained tight agendas and provided expert situational analysis and recommendations, which allowed the respective Boards the ability to make timely and decisive decisions leading to another successful legislative year in 2022.

READ FULL REPORT

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CALIFORNIA 2022 GENERAL ELECTION PREVIEW

On November 8, 2022, Californians will cast their ballots for statewide constitutional offices, legislative candidates, and seven initiatives. California remains a true-blue state with likely retention of all statewide constitutional offices by the Democrats, with Governor Newsom leading the way. Of note, the last time California elected a Republican in a statewide constitutional office was 2006. Of the eight statewide constitutional offices, the Controller’s Office appears the only competitive race at this point.

The Democrats are also likely to maintain their 2/3 supermajority advantage in the Assembly and the Senate notwithstanding the redrawn districts. The presumption was that 2024 would be the year where a considerable number of legislators would step down due to term limits. However, COVID-19 and other work-related changes have sped up that legislative turnover to 2022—the Great Turnover. The California Legislature could have at least 30% new legislators, as some incumbents decided not to run for their final term along with new legislative seats created by redistricting.

As a byproduct of the 2022 election, the 2023 California Legislature will be a different body with significant changes in leadership, committee assignments, and overall dynamic as legislators, staff, and lobbyists establish new relationships and find a way to navigate policy and politics of a new legislative body. As publicized,

the Assembly Speakership is up for grabs as Speaker Rendon attempts to hold on for another term in 2023.

There are seven propositions on the ballot – one legislative initiative, five citizens’ initiatives and one referendum. The voters must decide on issues from reproductive rights, gambling and funding for zero-emission vehicles and arts in the schools. Getting the most attention are Propositions 26i and 27ii, which have tribal gaming interests and online gaming companies pitted again each other. Both sides have spent close to $560 million so far supporting or opposing just these two competing initiatives. SEIU is making its third attempt to push dialysis clinics into unionizing (Proposition 29iii) and Lyft got the ball rolling on a proposal to increase taxes on millionaires to pay for more zero-emission vehicles and wildfire suppression and prevention efforts (Proposition 30iv). The Legislature also put a measure on the ballot in response to the United States Supreme Court overturning Roe v. Wade (Proposition 1v). Expectation are this measure will motivate higher Democratic voter turnout, which benefits not just Proposition 1 but Propositions 28vi, 30 and 31vii. The confusion created by the Proposition 26, 27 and 29 campaigns will likely spell doom for these initiatives.

Note: The information below was developed using a combination of online resources, legislative, and third house insights. Some of the figures mentioned below, including fundraising numbers, may slightly change as we get closer to election day.

READ FULL REPORT

FDAC

is thrilled to announce that the 2022 Leadership Symposium event was a success! We are thankful for all the positive feedback we have received from attendees expressing their gratitude for how beneficial the event was for them. Thank you to all our members that attended the event and helped to make it such a success.

We would like to acknowledge and extend our appreciation to all of our speakers for taking the time to attend and share their knowledge with our attendees as well. Your commitment is recognized far and wide! FDAC is looking ahead as we prepare for our biggest event, the 2023 FDAC Annual Conference!

FDAC is also grateful to all of our exhibitors and sponsors. Through their continued support especially over the last two years FDAC has been able to continue our educational and legislative efforts. The FDAC Board and Education Committee look forward to seeing everyone next year.

Liebert Cassidy Whitmore

Safety Council

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