Final Report of the Boston Fire Department Review Commission
6 Personnel and Human Resources
6.1 Introduction
While it does not appear so in the organizational chart, for all practical purposes there exist within the Department two separate personnel divisions for uniform and civilian personnel respectively. This unnecessary duplication must be addressed as part of the Department reorganization. The area of human resources is in need of extensive review. Some practices have evolved for the better. For example, in the recent past, the Department utilized uniformed members to conduct background investigations on personnel, a task for which they were not trained The Commission is pleased that investigations of new hires are no longer conducted by the Department but have been forwarded to the Boston Municipal Police Department. This recent change is an important move; however, significant changes in the area of human resources are necessary. In general, the Commission finds that the Department would benefit from experienced professional management in the area of human resources. As part of an overall reorganization of the management of the Department, special attention must be paid to existing systems in place for human resources. Under the proposed reorganization, the Chief of Administration would be responsible for oversight of all personnel related issues. The main challenges facing the area of human resources and personnel are discrimination and sexual harassment, minority representation in the Department, gender parity, promotions, education of the workforce, injured on duty, disability retirement procedures, and civilianization.
6.2 Discriminatfon and Sexual Harassment
The Department has made
efforts in recent years to
increase its training on
issues of sexual harassment
and diversity. However,
the Commission finds that
the success of such training
has been limited. The
18.41 Committee was a
failure, and training
sessions have been
ineffective. In fact, there
have been instances in
which supervisors mocked the training, setting a tone of indifference among the firefighters regarding the importance of such instruction. This limited success is evident in the survey results obtained by the Commission.
Training and education are the key elements in addressing the larger issues of culture and diversity. According to members who spoke with the Commission, many of the issues that divide members of the Department have a history rooted in actions taken in the late 1970's and early 1980's relative to hiring practices and Proposition 2V2. The resentment that resulted from these actions gave rise to a culture and attitude within the Department that minorities have received "special treatment." Unfortunately, although nearly twenty-five years have passed since that time, these attitudes remain among some firefighters and supervisors. However, many other organizations that faced the same problems have moved beyond the decades old issues, and it is long past time for the Boston Fire Department to do the same. This failure by the Department to address properly such important issues as race and diversity cannot be allowed to continue. The President of Local 718 expressed to the Commission a desire to address issues of diversity within the ranks. Representatives of Boston Society of Vulcans of Massachusetts, Inc., an organization representing minority firefighters, also expressed the desire to work with the Union and management on this issue. Department leadership must facilitate this discussion, and there exists no excuse to further postpone the dialogue.
However, the future does hold the promise of change. One Commission member had a chance encounter with a very credible young member of the Department who recently joined the organization after leaving the military. He stated that for him, and many of his young colleagues, race was a non--issue. While this bodes well for the future, it does not address present concerns that the organization is insensitive to issues of cultural diversity. Sensitivity to issues of diversity must become a priority for the new management team. We can celebrate our diversity without diversity becoming a focal point of division and exclusion. The workplace is not the arena to emphasize cultural differences, but to accept differences as part of the mosaic of the organization. Diversity is more than a "necessary evil" or the fashionable buzzword of the day. It is the reality of the society in which we live and work. Understanding that, the Department should reflect the City, and to the extent it does not, the Department must commit itself to become an organization that welcomes diversity.
6.3 Department Composition
In general, minority representation throughout the Department has improved in the last few decades. However, many of the attitudes remain that divided the Department in the past. Part of the problem lies in the under-representation of minorities and women in the senior Department ranks. Personnel and human resources must work closely with management and supervisors to identify potential officers from existing firefighters, and offer additional pre-promotional training necessary to insure that all firefighters have equal opportunities for advancement. (See Section 4.3.2) The Commission is convinced that there are extremely well-qualified individuals representing all segments of our population who can be groomed for future
leadership positions. The
Commission recognizes that all
perceptions of favoritism in the
current distribution of work
assignments, promotions and
other benefits must be addressed
from within the organization-
The Commission believes that the
use of working groups can assist
to identify the problems and
provide an atmosphere for frank
and open dialogue without fear of
retribution- Such discussions are
not easy, and the Department
might benefit from expert
assistance in the facilitation of these deliberations. However, the
Department must address the perceptions among many minority and female
firefighters that they are excluded from the team. Likewise, minority and
female firefighters must use the opportunities presented to them to speak out
about their perceptions of sexism, racism or homophobia without fear of
retribution. The success of any effort to address race, gender or sexual
orientation issues in the Department largely falls on the members
themselves; however, addressing this issue head-on must be an immediate
priority and strong commitment of the Department management team.
6.3.1 Fire Alarm and Construction Division
Currently, this civilian unit has no minority members. Once again, the perception of many people is that this division is representative of the indifference of the Department to minority hiring. As this division is not subject to the consent decrees,10 the lack of minority representation in this area is perceived by some as evidence that the Department does not maintain minority-hiring practices as a priority when left to its own devices. The Commission believes that thi
The Commission recommends that Department working groups specifically address issues relative to race relations, gender and sexual orientation in an open atmosphere without fear of retribution.
The Commission recommends that the Department concentrate its efforts on hiring a variety of diverse candidates for positions in the Fire Alarm and Construction unit, as they become available.
The Commission recommends that the Department increase its efforts to recruit qualified female firefighters and candidates.
The Commission recommends that the Department meet the conditions of the Memorandum of Understanding regarding female employees.
The Commission recommends that the Department develop a strategic and comprehensive year-round recruitment plan.
The Commission recommends that the Department work with the Office of the Personnel Administrator for the Commonwealth to update the existing promotional system.
The Commission recommends that job task analyses be conducted for each uniformed position within the Department.
The Commission recommends that the Department develop incentives for members wishing to further their education.
The Commission recommends that the Department institute a minimum educational requirement for new hires of at least a high school diploma or GED with a three-year phase in period to allow for potential applicants to meet this requirement.
The Commission recommends that a working group, including representatives from the City, formulate a plan to better manage injured on duty cases.
The Commission recommends the Department involuntarily retire injured firefighters when appropriate.
The Commission recommends that the Department work within the confines of collective bargaining to address the issue of light or modified duty for injured on duty personnel.
The Commission recommends that the Department review existing disability retirement procedures to bring their system in line with more appropriate processing timeframes.
The Commission recommends that the Department work with the Union to develop a system to provide for annual physicals for all uniformed members.
The Commission recommends that the Department work with the Union to institute a comprehensive wellness program for all uniformed and civilian personnel.s oversight must be corrected and recommends that the Department concentrate its efforts on hiring a variety of diverse candidates for positions in this unit as they become available.
6.3.2 Recruitment and Gender Representation
Several issues were brought to the Commission's attention relative to gender parity. The Commission notes that despite an existing Memorandum of Understanding to the contrary, bathroom facilities for female firefighters still do not meet required standards. Further, according to the state Personnel Administrator and the Department, the biggest hurdle for female applicants is the physical standards test. The Commission does not endorse changing those standards, but more effective recruitment might include Department sponsored training to encourage all applicants to "get in shape" to meet the Department standards. Similar efforts have worked in other public safety agencies. In addition, the Commission finds that the Departments commitment to recruitment of female firefighters must be more aggressive. For example, when the Commission inquired whether the Department had actively recruited from groups or agencies requiring fitness of their members, such as the Massachusetts National Guard, it learned the Department had made no such efforts. We note that several departments visited by the Commission boasted a higher number of female firefighters, and we have found no evidence that Boston is less desirable for female firefighters than the cities we visited while preparing this report. The Department must work with such groups as the Massachusetts National Guard, local high schools and colleges, active military personnel and others to advertise for, promote, and seek qualified females who may desire careers in fire fighting. The Department must commit itself to a more comprehensive effort to reach out in all communities including Spanish-speaking, Asian, and gay and lesbian communities. Each community could be better reached simply through more strategic placement of advertising in community-based newspapers, and by firefighters on the force who are willing to work in their communities to increase interest in firefighting careers. Recruitment by the Department has been traditionally handled during the months prior to an exam. This is not an effective strategy for recruitment. Recruiting quality personnel should be a full time, year--round effort. The Department must commit itself to a comprehensive plan for recruitment and must execute that plan throughout the year in order to accomplish the goal of a diverse Department that reflects the City it serves.
'0 Boston Chapter, NAACP v. Beecher, Civil Action No. 72-3060, 371 F.Supp. 507 (D.Mass. 1974) and United States v. Beecher, Civil Action No. 73-269, 365 F.Supp. 655 (D.Mass. 1973)
6.4 Promotions
The Commission found it was very difficult to engage in constructive dialogue with many Department members about the promotional system. No doubt, it was among the most difficult and sensitive issues that the Commission addressed- One senior fire official, when asked for his opinion on the promotional system, quickly replied, "If you change the promotional system to accommodate minorities, it won't be fair." Similar statements were made throughout our process. The difficult issue relative to the "fair" method to identify qualified persons for promotion is not easily resolved, but this issue is under review in many public safety agencies nationwide, including the Boston Police Department. The Commission discussed this issue with many firefighters, Union officials and experts in the field. Although there appears to be significant reluctance within the Department to making any changes to the current process of written examinations, the Commission does not believe the existing system should remain in place. Statisticians will tell you that all written examinations contain a standard deviation in which all candidates are "qualified." Currently, the Department carries out the scores of its written examinations for promotion to the 1/100th of a point. Such an infinitesimal score is far below the standard deviation and is inherently and statistically flawed. The ability to score well on a test, while important in school, is not the method by which we choose our political, industrial or military leaders. As one state human resource expert noted to the Commission, "[w]ritten tests are not the fairest and best predictors of management or administrative skills." The Commission concludes that the existing written examination alone is not the best indicator of a person's ability to lead or supervise within the Boston Fire Department. We believe the existing promotional system lacks the tools to evaluate candidates for such basic qualities as leadership ability, ethics, interpersonal skills, and understanding of management processes. The Department, the Union, and the state should work to replace the existing promotional system with a more progressive process and look to the business world, the military and other public safety agencies to devise a system that can be a model for the nation. The Commission reiterates its strong position that any political interference in the promotional system is unacceptable. The new system will be "fair" if it identifies the most capable managers and leaders and promotes them accordingly. In addition, it has come to the attention of the Commission that job task analyses for uniformed positions within the Department are long overdue. The Commission believes that such analyses should be conducted as soon as possible, perhaps as part of a review of the promotional system.
6.5 Education
As the role of firefighter increasingly requires the use of technology and the ability to maintain currency on changes in the field, the role of proper formal education cannot be overstated. The Commission believes that a minimum entrance requirement for the Department should be a high school diploma or GED. In addition, the Department should encourage its members to seek further education. Incentives should be made available to the members of the Department who wish to further their education beyond high school.
6.6 Injuries and Disability
According to many who spoke with Commission members, the increasing numbers of disability occurrences are alarming. Under state law, firefighters injured on duty receive 100% of their salary tax-free for the time they are off the job. Although the Commission recognizes the importance of this benefit for public safety personnel, the Department must be diligent in its efforts to control potential abuses. For example, according to statistics provided by the City, in FY '97, the Department reported 429 occurrences. 11 By the end of FY '98, the Department recorded 971 occurrences, an increase of over 100% over the prior fiscal year. The trend continued. Figures available through the end of the first quarter of FY '99 indicated that 764 occurrences had been filed. Although final FY '99 figures were not available to the Commission, the Department appeared well on its way to doubling the FY "98 figures. In the past, Department management has not exercised its right to involuntarily retire firefighters where it has been determined that they can no longer perform the essential functions of the job. It is difficult to assess the possible impact of involuntary retirements on the above-cited figures; however, it could substantially reduce the number of occurrences and length of leave if actively utilized by the Department.
6.6.1 Supervision and Accountability
The Utilization Review Unit (URU) is charged with the task of managing firefighters back to work. However, they have not been supported in this role. In order to successfully accomplish this task, the URU must be given the support its needs from management. A working plan must be formulated as a means of accomplishing this goal. The Commission recommends that a working group utilize existing information as a basis to formulate a plan to manage the ballooning caseload.
An "occurrence' reflects the filing of an injured on duty report. The number of occurrences may include multiple filings by the same individual.
6.6.2 Modified or Light Duty
Currently, modified or light duty is available for persons injured off duty but not for personnel injured on duty. The Commission recommends that the Department work within the confines of collective bargaining to address the issue of light or modified duty for injured on duty personnel.
6.6.3 Disability Retirement
It takes eighteen months to twenty-four months from the time of filing to process a disability retirement at the Department. By contrast, under the same system, the Boston Police Department processes disability retirements in eight to eighteen months with the average being one year. The Commission could not find any reasonable explanation for this discrepancy other than the Commissioner of the Boston Police Department exercises his right to voluntarily retire injured officers. The Department must review its current processes to bring its system in line with more appropriate processing time frames.
6.6.4 Annual Physical Examinations
Many of the issues addressed in the preceding sections are related to the overall fitness of the Department. Although the Department has many members who are older, it is necessary that the Department formalize fitness and wellness programs for all its members. Annual physical examinations could assist in identifying firefighters at risk for heart disease and other job-related illnesses, and would allow those personnel to seek appropriate dietary and fitness programs to insure future health. Nutrition, exercise, and education programs are necessary for the Department to achieve the goals of physical and mental well being for its members.
6.7 Recommendations
The Commission recommends that the personnel divisions for uniformed and civilian human resources be combined.
The Commission recommends that a professional human resources manager be hired outside of the collective bargaining unit to address personnel issues within the organization.
The Commission recommends that the new Director of Human Resources review existing diversity and sensitivity training as part of the organization.
The Commission recommends that the new Director of Human Resources review existing diversity and sensitivity training as part of the organization's overall strategic planning review and begin a more comprehensive program designed to educate existing personnel on the benefits of diversity.
The Commission recommends that Department working groups specifically address issues relative to race relations, gender and sexual orientation in an open atmosphere without fear of retribution.
The Commission recommends that the Department concentrate its efforts on hiring a variety of diverse candidates for positions in the Fire Alarm and Construction unit, as they become available.
The Commission recommends that the Department increase its efforts to recruit qualified female firefighters and candidates.
The Commission recommends that the Department meet the conditions of the Memorandum of Understanding regarding female employees.
The Commission recommends that the Department develop a strategic and comprehensive year-round recruitment plan.
The Commission recommends that the Department work with the Office of the Personnel Administrator for the Commonwealth to update the existing promotional system.
The Commission recommends that job task analyses be conducted for each uniformed position within the Department.
The Commission recommends that the Department develop incentives for members wishing to further their education.
The Commission recommends that the Department institute a minimum educational requirement for new hires of at least a high school diploma or GED with a three-year phase in period to allow for potential applicants to meet this requirement.
The Commission recommends that a working group, including representatives from the City, formulate a plan to better manage injured on duty cases.
The Commission recommends the Department involuntarily retire injured firefighters when appropriate.
The Commission recommends that the Department work within the confines of collective bargaining to address the issue of light or modified duty for injured on duty personnel.
The Commission recommends that the Department review existing disability retirement procedures to bring their system in line with more appropriate processing timeframes.
The Commission recommends that the Department work with the Union to develop a system to provide for annual physicals for all uniformed members.
The Commission recommends that the Department work with the Union to institute a comprehensive wellness program for all uniformed and civilian personnel.
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