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Austin Firefighters Association Helping a fellow FF 06/08/2017 Dear Fellow Firefighters I am a go it alone type of guy, and I don't ask for help often. It is hard for me to admit when I need help. Today, I need help. My mother, Laree, was diagnosed with stage 4 uterine cancer last September. She moved in with me at that time, as there are no oncologists in Corpus Christi that can treat her type of cancer. Since then the cancer has been very aggressive and is now affecting her mobility. My goal is to care for her here in my home and not in a nursing facility. Your donations would go to home modifications to aid my mother in the home, as well as help me ensure my mother gets quality care that Desiree and I would not be able to provide alone. 100% of your donation will go to the care of my mother and is tax deductible. I thank you for considering donating to assist my family during this time. Humbly, Justin Slusher and Family Click link if you would like to DONATE: https://squareup.com/store/austin-firefighters-relief-and-outreach-fund Donations for family of Joseph Church
Brothers & Sisters of the fire department family,
I can't believe I'm writing this to you about the loss of Joe Church. As I was speaking with family, a suggestion came up to put together a slide show so that all of us can contribute and share our memories of Joe Church. Preston Culver has generously volunteered to collect, sort and create a slideshow.
Upload any pictures and videos at this link: https://www.dropbox.com/request/ZcDzp8I4PslRgI3W2CnN Also consider pictures from facebook and cadet class. Time is a factor, so please look through your pictures and upload by tomorrow. Let me know if you have any questions.
Ed Lee 512-775-6088
We are heartbroken to share the passing of AFD Lieutenant Joseph Church, a 13-year veteran of our department, who died earlier this evening in his home. Thoughts and prayers to his family, and all of his brothers and sisters throughout AFD.
We have created a Donate link on behalf of Joseph Church's family. Please feel free to share on your personal social media accounts. 100% of the donations will go to Church family. Our prayers and thoughts are with Joseph's family. The AFA is seeking members interested in serving on the Employee Review Committee (ERC) for the current promotional process. You cannot serve on a committee for which you are currently testing. Please respond to this email if you have interest with your contact information and rank. Here is an excerpt from the CBA on the the ERC: Section 15. Review by Employee Review Committee A. Role of ERC An Employee Review Committee (ERC) will be appointed to screen written examination appeals for the ranks of Fire Fighter through Battalion Chief to the Civil Service Commission, applying the criteria described in this Article to determine if any appeals should not be advanced to the Civil Service Commission because they do not meet the criteria.
2017 Schillterbahn Discount for AFA Members 02/23/2017
For Waterpark Admission Discounts follow the bullet points- Visit www.schlitterbahn.com/partnerdiscounts
 Promo List Length Question 02/11/2017 Brother and Sister Firefighters, There have been many questions about whether the Fire Chief can set the promotional eligibility list length at two (2) years when the collective bargaining agreement (CBA) is set to expire on October 1st 2017 IF the CBA is not renewed. We have asked the AFA attorneys to research this question so we can provide you the answer that best satisfies the intent of the CBA. After this legal review, it is the AFA's position that the
fire chief can set the recently released promotional
I think it is important to note that we do not believe the CBA will expire and the AFA anticipates a renewal. The Details: Our attorneys advise us that the fire chief has the ability to set the promotional eligibility list length from 12 to 24 months. If the CBA is renewed (therefore does NOT expire), the length of the list will remain as specified in the posting for promotional examination. If the CBA is NOT renewed and therefore expires, then the length of the eligibility list is modified as follows:
However, the expiration of the CBA can be extended by mutual written agreement, see below:
So, if the CBA is not renewed and therefore expires, the promotional eligibility list will be modified from 24 months to as little as 11 months or as many as 17 months, depending on if there are agreed extensions and the number of these extensions. If during the extention period the AFA Bargaining team reaches an agreement, then the list stays at 24 months. I hope this explanation helps. Please contact me directly if you have further questions. Bob Nicks President, Austin Firefighters Association Bargaining Rumor 02-10-2017 A rumor has come to my attention which I will dispel. The AFA did NOT turn down a 2% offer from the City to sign a CBA extension. No offer was made to AFA and no offer turned down. I believe that the City has changed their position and now is planning on full scale bargaining, but the AFA has not been formally notified of this development. I have learned about this only by talking to APA and ATCEMS Employee Associations. If you have any questions please feel free to contact me directly to discuss.
Bob Nicks
4/9/2017 Brother and Sister Firefighters, After discussions with the Assistant City Manager, Mayor Adler and Councilmember Delia Garza, I find the announcement made at the last BC meeting (4/4/2017) of impending station closures or reductions to 4-person staffing to be unlikely. There exists a 4th option that was not mentioned at the BC meeting that does NOT close fire stations or reduce staffing. This 4th option is to increase the AFD budget by 3.5 million dollars, it has the support of the City Managers Office (money already identified) and therefore this option is likely to be adopted by City Council. This announcement of staffing cuts and station closures is very similar to statements made at a BC meeting in February, which I researched and disputed (please see AFA membership email below dated 02/08/2017). At the last BC meeting it was announced that Chief Kerr had been told by the City Manager's Office/COA Budget Office that she would either have to shut down fire stations or reduce 4 person staffing to make up for the 3.5 million dollars that AFD is projected to be "over budget" for 2017. It was relayed at this BC meeting that this choice of all bad choices would need to be made within a couple of weeks. Here are the 3 bad options that were laid out at the BC Meeting in no particular order:
However there is a 4th and much more favorable option which has the support of the City Manager's Office, Mayor Adler and Councilmember Garza. The 4th option is to increase the AFD 2017 budget by 3.5 million dollars to cover the current OT shortfall. According to the ACM, this will be the recommendation of the City Manager's Office and the money has already been identified. It is the purview of City Council to select any of the four options (or any others which they desire to approve) but given that the money for the budget adjustment has been identified and the City Manager's Office has said they will recommend the budget adjustment to City Council, I find this outcome to be likely. The three bad options are scenarios that the ACM is having Chief Kerr cost out and they MAY be discussed at the Council Meeting where the 3.5 Million AFD budget adjustment will be discussed. It is possible that the budget adjustment will be approved without discussion. You can rest assured that AFA has already begun lobbying Council to make sure they understand how unacceptable the 3 bad options would be to firefighter and citizen safety. I would like to send Kudos to Mayor Adler and Councilmember Delia Garza for their assistance on sorting this issue out.
Bob Nicks President, Austin Firefighters Association
02/08/2017 Brother and Sister Firefighters, It was relayed to me today by several AFA VP's that there are questions and concerns about the 2017 Council Budget Workshop where Chief Kerr presented this morning. Specifically 4-person staffing and fire station 9 seem to be the biggest areas of concern. I do NOT think there is anything to be overly concerned about at this point. The City Council is starting the budget process earlier than past years to ask deeper questions in order to get a better understanding of how all the different departments operate. Naturally, there will be more detailed questions asked. Also, many of the more probing questions came from the two new council-members, again, this is to be expected. If you go to the link below entitled " AFD Budget Presentation", then go to the second to the last page, you will see a series of questions that the City Manager provided AFD last Friday to be addressed before Council. I believe this question set may have raised some concern among the Command Staff. I attended the presentation this morning but had to leave at 10:50 to head to the Capitol so I have not yet seen the last hour of the presentation. Station 9 was not discussed during the part I attended and was not included in the City Manger question set sent to Chief Kerr. See link below to view the entire video. AFA will review the presentation video, identify any concerns raised by City Council and meet with each Council-member individually to discuss. I am certain this follow up will help to satisfy their questions. If there are is anything to worry about after these meetings, we will then absolutely let you know.
Video to entire 2017 AFD budget presentation Video from AFD Budget Workshop Presentation
Bob Nicks President, Austin Firefighters Association Mandatory AT Letter 01/09/2017 Brother and Sister Firefighters, First and foremost, let me clear up a misconception: the AFA has NOT supported or endorsed the mandatory Kelly day sign up procedure (scheduled to begin 3/7/17). AFA was aware that mandatory Kelly day sign up was being considered by management, but the AFA was not a part of the final decisions that led to the Special Order below. The AFA and management do share the common goal of ensuring that four (4) person staffing is maintained and we acknowledge that developing a mandatory AT system that is agreeable to everyone is difficult. I believe that management is open to changes to the mandatory AT procedure if the suggestions meet their goals of filling seats and the suggested changes are not too complicated to implement and utilize. Since the new mandatory AT procedure does not begin until March, there is enough time to work toward this if the membership wishes to do so. Click here to see Special Order on Kelly Day and Mandatory Add Time Procedure Going forward, the AFA will be involved in two (2) major ways:
Click here for the AFA on-line discussion board. This may be the best place to ask questions and provide your feedback. AFA's initial legal analysis shows that the Fire Chief can compel firefighters to sign up for AT on their Kelly Days as long as they follow applicable laws, which they are proposing to do. There are some outstanding CBA issues (Kelly Day Trades, Call Back and others) that we are working through with management and hopefully this will result in a system that is more tolerable for all. Information posted to the discussion board explaining why a Kelly Day is not a paid day off In addition to taking the survey and participating in the on-line discussion board, please consider attending the upcoming membership meeting (this Tuesday at 1300 @ AFA Hall) where an extended conversation on mandatory AT will occur. Results from the first AFA survey can be found below.
Bob Nicks President, Austin Firefighters Association
Information from the first Mandatory Membership Survey In November, the AFA survey asked a variety of questions pertaining to potential elements of possible mandatory AT systems. There were 325 surveys completed with 160 excellent additional written responses lodged. Although there were no strong trends found in the results, the written responses provided some direction by which the AFA put together a draft proposal for your scrutiny. First here are some of the results from the survey:Although this question produced somewhat mixed results, the many great additional membership comments which will be helpful in our discussions with management: The results of the OT "opt out" question is at the link below. If accepted by management, the program would include an open enrollment period in early January. Anyone that "opts out" in January would not be able to sign up for OT for a one year period.
Pension and Vehicle Discussion Board Links 12/18/2017 New Additions to Pension Discussion in Yellow Below Brother and Sister Firefighters, There have been many good questions and answers exchanged on the AFA Member-only Discussion Board for both the AFD excessive discipline for vehicle accidents and the emerging attacks on your pension. Click here to access both discussion boards. I will leave these links toward the top of the AFA web page for easy future access. Below is the link to our webpage:Poorly researched Statesman article. We will be visiting with this journalist to discuss the big picture of pension system as well as the strengths of our system:
Article from a friend of defined benefit systems which counters some of the recent attacks on Texas pension systems. This article discusses the recent attack on the Austin pension systems by the Arnold Foundation Videos below from the Texas Public Policy Foundation (TPPF) Symposium on "Rethinking Texas Retirements":If you do not have the time to watch all the video below, please read this June 2016 Report from the TPPF, here is the final recommendations from the report: "Recommendation:The 85th Texas Legislature should restore local control of local retirement systems that are currently governed by state law. Policymakers should restore management and authority over these systems back to the community oftheir origin, so that stakeholders can implement necessary changes and ensure these systems' long-term viability and recovery."
Here are a few recent articles on Texas pensions:
This article is powerful explanation of the exploitation of Public Pensions:
2016 AFA Elections Vote RESULTS 11/23/2016 Last day to vote for your bargaining Team. Scroll down for vote link. In other news: "Austin's Fire Union is furious, saying the chief's notices are a betrayal that can more easily be solved with education and training. AFD said in late October that it is undertaking that retraining too, on top of the suspensions."This program by Chief Kerr demonstrates a disconnect from operational realities and is harming morale," wrote President Bob Nicks to his membership Tuesday on the AFA's website." Click here to see KXAN story from last night. Click here to visit the private member-only discuss board set up for this issue. Bob Nicks, president of the Austin Firefighters Association, said he is also supportive of the extension -but that he'd like to negotiate terms."We want to work toward the mayor's suggestion of a one-year extension, but it depends on whathappens at the first day at the table," Nicks said, adding that he has asked to meet with city officials inJanuary but has yet to hear back. Click here to see story on bargaining.
11/21/2016 Bargaining Team Vote:
Bargaining Team vote is now active and will last through Wednesday, November 23rd, 5:00pm. There are (7) candidates running and you may choose (5) Click here to view the results for the AFA Bargaining Team Vote
11/17/2016 Voting Results:
Click here to view the VOTE RESULTS. Two Important Items:
Local 975 membership, When the Local 975 Operations Manager was setting up the online vote for the Collective Bargaining Committee an oversight left a candidate who had been nominated and accepted the nomination off of the ballot. This was purely a clerical error. I will invalidate the collective bargaining portion of this election. Another online vote will be held for the Collective Bargaining Committee from 0800 Hrs. Monday November 21 to 1700 Hrs. Wednesday November 23. I have spoken to the chair of the Constitution and Bylaws Committee and he has agreed that this course of action is acceptable. The election for Vice Presidents and Trustees will continue as scheduled through 1700 Hrs. today. If you have already cast you ballot for the Collective Bargaining Committee, I apologize for any inconvenience in having to vote again, but thank you for you participation. Edward Hanna Chair IAFF Local 975 Election Committee Chair
11/15/2016 Voting Continued:
Before you vote, please make sure you that you review all the discussion on the AFA member's only discussion board. Click here for a 1 minute video on how to request your user-name and password if you have forgotten them: https://vimeo.com/175753075 You will need your user-name and password to access the AFA members-only discussion board. We have four (4) important online votes to be decided. The online votes will decide: 1. The five (5) elected members of the AFA Bargaining Team (Active Members Only Can Vote) 2. The four (4) elected members of the AFA open Eboard positions (Active and Retired Members Can Vote) 3. The motion to agree to a one year extension to the CBA if the City proposal is adequate. (Active Members Only Can Vote) 4. Open AFA Trustee Position (Active and Retired Memnbers Can Vote) Both Les McKay and Brad Landi wishes to remove their names from the vote but informed us too late. The AFA Constitution and Bylaws require that their names stay on the ballot and that the election will proceed. Click here to view Discussion Page Click here to view Education Page (The education page has detailed explanation regarding Motion and Vote) PLEASE NOTE THERE ARE 4 TOTAL VOTES (SO PLEASE SCROLL DOWN ON VOTING PAGE) Click here to view bios of the candidates listed above.
11/14/2016 Before you vote, please make sure you that you review all the discussion on the AFA member's only discussion board. Click here for a 1 minute video on how to request your user-name and password if you have forgotten them: https://vimeo.com/175753075 You will need your user-name and password to access the AFA members-only discussion board. Here is an informative post from the AFA member-only discussion board that many members have been asking about:
"Responding to wilson1281,
The 2nd part of the motion begins with the word "IF". we agree to an extension if the city's offer is acceptable. if it is not acceptable then the city is obligated, under texas collective bargaining law, to negotiate for a minimum of 60 days. So...a yes vote would sent the message to the mayor and interim city manager that we will work in good faith to achieve a one year extension...but the pay package must be adequate. if not, we launch into full blown bargaining." Please educate yourselfs and vote starting tomorrow at 0800.
11/11/2016 Brother and Sister Firefighters, We have three important online votes to be decided next week. The online votes will decide:1. The five (5) elected members of the AFA Bargaining Team 2. The four (4) elected members of the AFA open Eboard positions 3. The motion to agree to a one year extension to the CBA if the City proposal is adequate.
Information on AFA Eboard Elections: You will be voting for all four (4) open AFA Eboard positions. Please review the bios found at www.local975.org for information from the candidates. Greg Pope and Mike Klepac do not have candidates running against them so they will be awarded the respective positions of AFA Secretary/Treasurer and AFA Trustee by Acclamation. In the past, AFA Eboard Vice Presidents were elected by Battalion (sometimes referred to as District VPs). These district VPs were voted in only by the members of their respective district. Since the last AFA Eboard elections held in 2015, the AFA Constitution and Bylaws have been amended by a membership vote to elect our AFA VPs at large, meaning that every member votes for all of the VPs. The amended AFA Constitution and Bylaws also stipulates that after the election is complete, the AFA Eboard will decide which "at large" elected VPs will represent each geographic area of the AFA membership. Therefore, we have the following VP positions open for election this year that are currently held by the following AFA Officers:
Information on AFA Bargaining Team Elections: You will be voting for five (5) AFA Bargaining Team candidates. The remaining four members of the AFA Bargaining Team will be appointed by the president and ratified by the Eboard per the AFA Constitution and Bylaws.
Information on motion to bargain for a one year collective bargaining agreement extension: Mayor Adler has requested the all three COA public safety agencies sign a one year extension to our individual labor agrees. The Mayor made the request to save money in the budget (500k is what they project will be saved) but more importantly, to wait until the next City Manager is in place. Whether we decide as a membership to agree to Mayor Adler's request will be decided by online vote. The motion reads as follows: Motion 16-23 Motion: Accept Mayor Adler's request to bargain for a one year extension to the current Collective Bargaining Agreement (CBA) if the compensation, benefits and working conditions proposal from the City of Austin are adequate. An affirmative vote on this membership motion will not hem the bargaining team into a one-year extension IF the proposal from the City is inadequate. However, at this point it is imperative that we have a seasoned bargaining team to decide how best to satisfy the will of the membership. I ask you to please ask your questions about the motion to the online member-only discussion board. Most importantly, please review the discussion board posts frequently during the discussion and voting period BEFORE voting. I am certain you will make a more informed decision on this important vote if you follow this advice, not only on this vote but for all online votes.
Please go to www.local975.org for more information on the upcoming votes.
Bob Nicks President, Austin Firefighters Association Vote is NOW LIVE on Amendments to AFA Bylaws Click here to enter DISCUSSION PAGE Click here to view the 8 Motions up for vote. There are motions to amend 8 of the Bylaws made by the Constitution & Bylaws Committee. Most of the amendments are cleaning up the C&B to reflect current practices. All motions have the supported of the C&B Committee and the E-Board. The first motion is dealing with Jurisdiction. This better defines or restricts who can be a member of Local 975. Basically membership is limited to uniformed members of the AFD. The second motion is dealing with Retires Active Members. It cleans up some conflicting areas of the C&B. The Retirees are not allowed to vote on issues concerning Active Members pay and benefits or the makeup of our Bargaining Team. This motion defines this. The third motion deals with Member Emeritus status. The C&B Committee has presented this motion to change this to an honorary status for former Active Members. The change does not restrict awarding the Member Emeritus status to a Retiree. Given this change the right to vote or hold office has been removed. The fourth motion deals with Honorary Members. This motion just defines who can vote on the status. The fifth motion better defines how and when the Secretary provides the membership with communication. The sixth motion defines who the Vice-Presidents will represent. The seventh motion cleans up the language concerning bonding of the Officers and anyone who handles money for the Local. The eighth motion better defines the duties of the Local's Trustees.
If you have any questions, please contact me our any member of the C&B Committee. Mark Schultz Chair of the C&B Committee E-40-C
Lawsuit filed today in Travis County 9/7/2016 Brother and Sister Firefighters, As you may have already heard, a lawsuit was filed today in Travis County District Court against the City of Austin and the Austin Firefighters Association (see Goldwater Institute press release below). This lawsuit claims that the use of Association Business Leave (ABL), which is defined and agreed upon in our collective bargaining agreement, somehow violates the Texas Constitution. Why the AFA is being targeted in this lawsuit is unknown. The use of ABL by the AFA is similar to the way many police, fire and employee associations utilize ABL across the State of Texas. In fact, the Austin Police Association (APA) and the Austin Travis County Emergency Medical Services Association (ATCEMSEA) both use ABL like the AFA does with very few differences. Let me be clear, this lawsuit is a state-wide attack on all public sector employee groups, NOT just the AFA. If this is to be our fate then so be it. We have not shied away from tough battles in the past and we are not ready to start now. We started the approval process for IAFF legal, financial and other assistance today. Given the state-wide implications of this lawsuit, I have every confidence that the IAFF will have our backs and put the full weight of their resources to work for us. That is all the information we have for you on this subject today. How the COA will respond to this challenge is unknown for now. We will keep you informed as this troubling situation unfolds and more information becomes available. Bob Nicks President, Austin Firefighters Association IAFF Local 975 Subject: Goldwater Institute & TPPF File Lawsuit to Halt Taxpayer-Funded Union Employees Goldwater Institute & TPPF File Lawsuit to Halt Taxpayer-Funded Union Employees AUSTIN - The Goldwater Institute and Texas Public Policy Foundation (TPPF) filed a lawsuit in Travis County District Court today against the City of Austin and the Austin Firefighters Association, Local 975 challenging the City's labor agreement with Austin Firefighters Association, Local 975. The lawsuit, Pulliam, et. al. v. City of Austin, et. al., seeks to halt the practice of "release time" also known as "association business leave," and "union leave," which assigns city employees to work for their labor union at taxpayer expense. The agreement violates the Texas Constitution "gift clause" provision that prohibits government from giving taxpayer funds to private entities without a public purpose. The use of ABL by the AFA is similar to the way many police, fire and employee associations utilize ABL across the State of Texas. In fact, within the City of Austin the Austin Police Association and the Austin Travis County Emergency Medical Services Association (ATCEMSEA) are use ABL like AFA does with very few differences. DIAL IN NOW FOR A LIVE MEDIA CALL with Q&A session on lawsuit 10:00 AM Central Time Dial-In: 1 (877) 615-4337 Passcode: 7979 639# "Under the Texas Constitution, the government is prohibited from spending public money for purely private purposes," said Jon Riches, Director of National Litigation and General Counsel for the Goldwater Institute. "With release time, Austin Taxpayers are required to foot the bill for the activities of a private union. This is an abuse of tax dollars and violates Texas law." TPPF General Counsel and Director of the Center for the American Future Robert Henneke said, "Allowing full-time public employees on the government's payroll to work for a private union at taxpayer expense is even more egregious as the City of Austin's proposed budget would increase taxes on all residents. All taxpayer resources should be put into services for citizens not directed to the benefit of private entities." The Goldwater Institute originally discovered this illegal use of taxpayer money in 2011 and filed suit to stop the City of Phoenix from paying police officers their salary and benefits while they were working for the police union. Police officer release time was costing Phoenix taxpayers nearly $4 million each year. Since that initial discovery, the Goldwater Institute has found the practice is widespread across the country, including in federal government contracts. For example, while some military veterans wait an average of 115 days to get an initial appointment with their primary care provider, the Veterans Administration spends over $40 million a year on release time for VA employees. When release time contract provisions are added up across the country, taxpayers spend over a billion dollars each year to pay government workers to clock in at the union desk, not to do the government work they were hired to do. The Goldwater Institute's successful lawsuit against the City of Phoenix has put an end to release time in Arizona. This is the Institute's first legal challenge to the practice outside of Arizona and its first lawsuit in Texas. Bills to ban taxpayer-funded release time have been introduced in Maine, Michigan, Nevada, and Washington State; and other lawsuits challenging the practice have been filed in Idaho, Michigan, and Pennsylvania. Read more about Pulliam, et. al. v. City of Austin, et. al here. ### About the Goldwater Institute The Goldwater Institute drives results by working daily in courts, legislatures and communities to defend and strengthen the freedom guaranteed to all Americans in the constitutions of the United States and all 50 states. With the blessing of its namesake, the Goldwater Institute opened in 1988. Its early years focused on defending liberty in Barry Goldwater's home state of Arizona. Today, the Goldwater Institute is a national leader for constitutionally limited government respected by the left and right for its adherence to principle and real world impact. No less a liberal icon than the New York Times calls the Goldwater Institute a "watchdog for conservative ideals" that plays an "outsize role" in American political life. About the Texas Public Policy Foundation The Texas Public Policy Foundation is a non-profit free-market research institute based in Austin. Response to Ott letter 8/16/2016 Brother and Sister Firefighters, Apparently we have their attention! After the Kerr censure vote was overwhelmingly ratified by the membership, we received an email from Chief Kerr disparaging the membership as "seriously misinformed" as if we were "duped" like mindless sheep. Then, yesterday we received a correspondence from CM Ott with flowery speech and tired platitudes. This opportunity to point out hypocrisy of the highest order is hard to overlook. However, we will take the high road. The record is clear and no amount of personal attacks and bureaucratic doublespeak will sway our resolve. We will continue to press these very important membership issues:
Our concerns are reasonable and very easy to solve. In fact, we reached out to Chief Kerr to attempt to solve these issues and pull the censure. In the end, Chief Kerr would not agree to something as elemental as agreeing to negotiate for transferability if any changes are to be made. She would not agree to mutually developed Chain of Command training that would commit to the spirit of civil service law and sound just cause principles. She would not agree to the contractual requirement of laying out the evidence in the presence of the firefighter at Chain of Command Meetings as required in the CBA The responses we received after the censure represent the beginning of the end of an unsavory era in Labor/Management relations. Opportunities for new City Leadership are forthcoming. It is with great hope that the institutional anti-labor sentiment and an unprecedented volume of egregious contract violations will subside in the near future. We look forward to that brighter day where we can truly work together through DEEDS not WORDS. Thank you for your many phone calls and emails of support. If anyone or any station would like a deeper discussion regarding the concerns raised in the Kerr censure, please contact me directly. I would be most happy to come to your station and visit with you.
Yours in solidarity,
Bob Nicks President, Austin Firefighters Association
Helping our OWN! Brothers and Sisters, As many of you have heard by now Cancer has touched two members of our family recently. One of our brothers, FF Ryan Endicott (E8 C), has been diagnosed with brain cancer and another Brother of ours, Andrew Jackson's (36-C) wife has been diagnosed with breast cancer and has begun treatment just this past week at MD Anderson in Houston. Though this would be a troubling time for anyone, The Jackson's and Endicott's have a great attitude and are ready to fight and beat this thing. Though I cannot give specific updates, know that they are under the care of some amazing people and, as they say, are in good hands. Many have asked how you can help and as their medical bills begin to pile up, several options have become available. Below is an itemized list for both families which include donation pages where folks can go, not only to donate but also receive updates on their progress. FF Ryan Endicott donation page: https://www.youcaring.com/ryan-endicott-595503 Lone Star F.O.O.L.S online store: -in the online store you will be able to sign up for a hands on and lecture weekend presented by Lone Star F.O.O.L.S. and benefiting Ryan and his family. PLEASE PRINT AND POST THE FLYER IN YOUR STATIONS, AND PASS ON TO ANYONE YOU THINK MIGHT BE INTERESTED. -also in the store you can purchase the Endicott benefit T-shirt, all money raised from t-shirt sales will be going to endicott and his family. http://www.lonestarfools.com/store/
Drew and Cassie Jackson Donation Page: https://www.gofundme.com/2ebj5hag The Jacksons have asked if you are able to donate baby formula (Similac with iron (blue container/label) as with treatment, breast feeding had to be halted. If you do not have a contact to pass on the formula to you can drop it off at Fire House 17 for Zach King and I will make sure it gets to them. MD Anderson Cafe: you can donate gift cards for the Jacksons at the Cafe to help provide meals while they are in Houston for treatment. https://www.giftrocket.com/gift-card/md-anderson-cafe-houston?gax=1 1: follow this ^ link 2: enter in Cassie's email- cdwhite_83@yahoo.com
Thanks again in advance for helping spread the word and joining in on the fight against cancer. Zach King FF E17-A
response to Kerr letter 7/29/2016 Brother and Sister Firefighters, The Austin Firefighters Association (AFA) is in receipt of Chief Kerr's response to the censure vote that was taken this week. Despite the increased media coverage, it remains the intent of the AFA is to have a positive and constructive dialogue with Chief Kerr and her administration to find solutions to the concerns we have raised. As we have said from the beginning, we are always willing to meet to discuss the issues. Thank you for the calls and Emails of support. We will have more on this issue next week. In the meantime, enjoy your weekend. And most of all, be safe out there
Bob Nicks President, Austin Firefighters Association Kerr Censure Results 7/28/2016 Brother and Sister Fire Fighters, After repeatedly expressing their concerns on safety issues affecting the Austin community to no avail, as well as issues affecting their own safety and well-being, Austin's Fire Fighters today resoundingly voted to reaffirm their ongoing censorship of Chief Rhoda Mae Kerr. Link to Rhonda Mae Kerr Censure In a follow up to their 2014 censure, 87% of the Austin Fire Fighters this week once again voiced their displeasure with the direction the Austin Fire Department is heading and voted to submit a censure resolution to be heard at the International Association of Fire Fighters Convention, being held August 15th-19th in Las Vegas. This mandate confirms what Austin's Fire Fighters have been trying express all along- that the system used to voice concerns and work together to fix problems on this great department is broken and in serious need of repair. Among the major issues for the censure are the complete disregard of the collective bargaining agreement the Kerr Administration has with the Austin Fire Fighters Association Local 975 and the civil service laws in place to protect working conditions. In addition, excessive punishment on minor issues has plunged department morale to an all-time low. The Austin Fire Fighters Association strives to have a harmonious relationship between labor and management, one that works in good faith together to accomplish great things. We still believe this is possible and wish to continue to work with Chief Kerr and her staff to address the unresolved concerns. Upon adoption of the censure by the convention body, Chief Kerr have earned the distinction of being nationally censured during two consecutive IAFF national conventions. Thank you for your support during these tough times. Breaking Stateman Story on Kerr Censure
Bob Nicks President Austin Fire Fighters Association
Online Vote Results: Link to Rhonda Mae Kerr Censure Vote Results Link to ESD Vote, Background Check It has been reported to me that on some mobile devices, there is an issue accessing the online vote. If this happen to you, turn off the mobile template. This will allow you to vote. Click here for short video on how to obtain a lost or forgotten AFA Membership user name and password. If the tip in the video do not work for you, please email me at bob_nicks@yahoo.com for login assistance. 7/20/2016 AFA Membership Educational Piece for Chief Kerr Censure Brother and Sister Firefighters, I am asking that you approve the 2016 proposed censure of Austin Fire Chief Rhonda Mae Kerr. Voting to approve the censure will help the AFA protect the Collective Bargaining Agreement (CBA) and return the firefighter's due process rights, including ending excessive punishment by the Fire Chief as a method to avoid the appeals process. Ultimately, what happens with the censure is up to you, please carefully read the provided education materials on the censure, discuss among yourselves, and online, and vote. The greater the turnout to vote on this issue, the greater a mandate for us to go forward strongly with this censure. Your response determines how we go forward, how public we are with the censure, who we send it to. Please stay involved and let us know your will. Link to Chief Kerr Censure Discussion Board Active Now Link to Chief Kerr Censure Online Vote Starts Tuesday July 26th @0800 thru Thursday July 28th ending @ 1700 The 2016 censure contains both legacy items from the 2014 censure plus four new and current issues. We believe Chief Kerr is not using fair judgment when applying civil service law; is violating the Collective Bargaining Agreement (CBA); is not in concert with other progressive departments regarding health and discipline (AFD is out of step with agreements made with nine other fire departments of the Wellness Fitness Initiative*); and is, in general, not using fair judgment in supporting the rights and working conditions of firefighters. The IAFF legal team has vetted this censure and agrees the evidence for our claims is solid. We will provide the evidence supporting the newest censure items. *The Wellness Fitness Initiative (Austin, Calgary, Charlotte; Fairfax Co, FDNY, Indianapolis, Los Angeles Co, MetroDade FL, Phoenix, Seattle) unanimously agreed to the following statement, with Chief Kerr in attendance: "Identification of drug misuse, either through reasonable suspicion or random testing, should result in referral for treatment and help. These are treatable disabilities.(see side 21)" As you're aware, Chief Kerr continues to invoke a zero tolerance policy. Nationally, Post-Traumatic Stress Disorder (PTSD) is very much on the rise within the firefighter population, which may lead to alcohol, substance abuse and/or suicide. This is not included as a censure item this time due to logistical and evidential issues. What is a Censure? A censure is a formal and severe disapproval of specific actions by the Fire Chief. Essentially, it is a reprimand, aimed at reformation of the person and prevention of further offending acts. When a censure is submitted to the IAFF for adoption, the IAFF legal Department researches each item of the proposed censure for accuracy. The IAFF will not allow an item to remain in the censure unless there is sufficient evidence to justify each claim. The 2016 Rhonda Mae Kerr censure before you has already been researched and approved by the IAFF to move forward to the 2016 IAFF National Convention for approval, pending the approval of the membership. New Censure Item 1: WHEREAS, Chief Kerr is in the process of Understand that this will have the effect of ending your career if you suffer an IOJ (or off-the-job injury) from which you cannot return to Operations. Firefighting is physically demanding so the potential for serious injuries is high. To perform at their highest level firefighters need to know that the Fire Chief and the leadership of this organization have a better plan for them than termination if they suffer a serious injury. Here was a letter from AFA to Chief Kerr on the issue of "transferability". Our collective bargaining agreement is clear: "all economic benefits, privileges, and working conditions which are properly and lawfully in effect in the Austin Fire Department as to matters subject to mandatory bargaining under Local Government Code Chapter 174, and enjoyed by the Fire Fighters of the bargaining unit as of the effective date of this Agreement, but which are not included in this Agreement, shall remain unchanged for the duration of this Agreement." Article 27 Maintenance of Standards, 2015 CBA Working conditions are not within the authority of the Fire Chief to change unilaterally; she must negotiate these changes. This right was given to firefighters by the citizens of Austin when they voted to give Austin Firefighters the right to collectively bargain in 2004. Collective bargaining means nothing if we do not defend it. Regarding this censure item, the hard, vetted evidence to the IAFF will be presented to you in the follow-up email Friday.
New Censure Item 2: WHEREAS, when alleged improprieties by the After a Local 975 VP reported to me potential improprieties by the PSO and I reported this information to the AFD Chief of Staff, a threatening letter was sent to the Local 975 VP by the office of the PSO. The Executive Staff and the PSO then changed investigatory practices that had been granted during past investigations and became uncooperative with Local 975. Regarding this censure item, the hard, vetted evidence sent to the IAFF will be presented to you in the follow-up email Friday. New Censure Item 3: WHEREAS, Chief Kerr has used the threat of Chapter 143.052 of Civil Service Law states: "The head of the fire or police department may suspend a fire fighter or police officer under the department head's supervision or jurisdiction for the violation of a civil service rule. The suspension may be for a reasonable period not to exceed 15 calendar days or for an indefinite period. An indefinite suspension is equivalent to dismissal from the department." Before Chief Kerr's reign, most suspensions were of a reasonable period of 15 days or less and these suspensions came with the right of appeal. By masquerading nearly every firefighter mistake or misjudgment as a punishment commensurate with indefinite suspension, Chief Kerr is coercing our members to sign an agreement for higher punishments (16 to 90 days) with no right of appeal. The purpose of the civil service law is to protect firefighters by acknowledging that even good firefighters can make a mistake and the punishment should not be excessive, 15 days or less. However, hearing examiners and civil service boards tend to give extremely wide deference to the disciplinary decisions of the fire chief; therefore, a strong statement from the membership revealing the true motive of the fire chief will be invaluable in protecting our civil service rights. Regarding this censure item, the hard, vetted evidence sent to the IAFF will be presented to you in the follow-up email Friday. Pro Tip: The Officers that attend the chain of command meeting are probably not briefed by management about firefighter protections under civil service law. If you are following the letter of civil service law, when you recommend a punishment greater than 15 days, this indicates that you believe that the infraction is so egregious that termination is justified. If you do not feel that the infraction reaches the level of termination, then your recommendation should be 15 days or less. Only if termination is truly justified can the fire chief, if she is acting in good faith, be more benevolent and offer a 16 -90 day punishment and thus increase the punishment over the 15 day limit and deny the firefighters right to appeal . New Censure Item 4: WHEREAS, Chief Kerr's administration has not
History of the AFD restroom project: Phases I thru 4 were designed and funded before Chief Kerr's arrival. Phase V was funded in 2012 through a bond. Although the money is available, Phase V construction is not even out to bid yet. Chief Kerr has also been unsuccessful in obtaining funding for phase VI. Here is a message from the AFA Facilities Committee. This committee is made up of both concerned male and female Austin Firefighters: "More than 1/3 of the stations identified as inadequate for equitable joint use still do not have bathrooms for both men and women firefighters. Chief Kerr has stated over the years that this project is a priority and that she would push to have it moved along-seventeen years and counting, it still is not finished. Chief Kerr began her tenure in early 2009, she has been the Chief of the department for seven of the seventeen year history of the bathroom renovation process. Voters approved a bond package in 2012 to build a fire station in Onion Creek and to retrofit 6 of the 12 remaining stations without women's locker rooms. In mid 2016, there still has been no dirt moved, no construction started on the projects approved by the voters in 2012. Estimated completion date to remedy only one half of the remaining inadequate facilities have been pushed back to the spring of 2018. Zero timeline even estimated for the second half, those most in need. In her capacity as Fire Chief, Chief Kerr has failed to get equitable facilities for her firefighters' most basic needs. These phases started with great fanfare, but under Chief Kerr's leadership the project has limped along with little forward progress." Regarding this censure item, the hard, vetted evidence sent to the IAFF will be presented to you in the follow-up email Friday.
What is the history of the 2014 Chief Kerr censure? In June 2014, prior to the IAFF National Convention, the AFA assembled a censure of Austin Fire Chief Rhonda Mae Kerr. Prior to the IAFF vote, the AFA Membership was educated on the issues (Click here to see 2014 Kerr Censure Education Page) and an online vote was conducted. The result: 85% of the membership voted to approve the Kerr censure (Click here to see 2014 Kerr censure vote results). The AFA took the censure forward to the 2014 IAFF Convention seeking national approval. Out of the five Fire Chief censures submitted for approval, only Chief Kerr's censure was approved and it was approved unanimously by the entire convention body. The other four Fire Chief censures were pulled before the vote, meaning the fire chief and the local were able to reach some form of agreement before the vote. Rhonda Mae Kerr was the only fire chief censured nationally at the last IAFF convention. If approved by the AFA membership and adopted by the IAFF, how will the censure help us? This depends on how we choose to use it once adopted. We mean for this new censure to be more publicly discussed and the pressure continually maintained until our reasonable requests are satisfied, hopefully at the bargaining table. In 2014, the aim of the censure was to demonstrate that we will not sit idly by while our labor agreement is trounced and harm is done to our fire department and working conditions, but it was a measured effort that ended short of public criticism. We had hoped that this formal admonishment would give Kerr pause and back her off from her anti-firefighter rhetoric and actions; sadly, it did not. As is stated earlier, ultimately, what happens with the censure is up to you, the greater the turnout to vote on this issue, the greater a mandate for us to go forward strongly with this censure. Your response determines how we go forward, how public we are with the censure, who we send it to. Sincerely, Bob Nicks President, Austin Firefighters Association IAFF Local 975
Brother and Sister Firefighters, The Department of Justice (DOJ) has just informed the City of Austin that the Austin Fire Department (AFD) can proceed with hiring the first 30 candidates on the Cadet Hiring List. The 30 candidates should be notified soon and are tentatively scheduled to start August 8th. The other candidates, priority hires and others in the top 200 on the list, will be contacted by AFD to let them know their status. AFD has asked this group to remain patient and they will contact you as soon as they can. The DOJ has not approved the entire Cadet Hiring List as of yet, they have only approved a class of 30 that will start in August. The DOJ may have additional questions concerning the process and they are still reviewing the information but, without waiving their objection under the Consent Decree, they have no objection to AFD notifying the top 30 candidates.
Bob Nicks President, Austin Firefighters Association
AFA Wildfire Resolution Here is information on the proposed AFA wildfire resolution to be presented for adoption at the 2016 IAFF National Convention. AFA is seeking IAFF Locals that may be interested in co-sponsoring this proposed wildfire resolution. We are willing to meeting with your Local to discuss if this would be helpful. Click here to see proposed AFA Wildfire Resolution
Current Sponsors Austin Firefighters Association, Local 975 Montana State Council of Professional Firefighters, A0025 Round Rock Firefighters Association, Local 3082 San Antonio Professional Firefighters Association, Local 624 Cal Fire Local 2881 South Carolina Professional Firefighters Association Local A0039 Florida State Fire Service Association, Local S0020 Oklahoma City Firefighters, Local 157 Professional Fire Fighters of Oklahoma, A0035 Alberta Fire Fighters Association C0003 Professional Fire Fighters of Massachusetts A0020 Houston Professional Firefighters Association Local 341 Travis County ESD 4 Local 4848 Washington State Council of Firefighters A0045 Southern Federation of Professional Firefighters voted to recommend adoption
Please contact Bob Nicks at bob_nicks@yahoo.com or Randy Denzer at randy_denzer@yahoo.com (cell: (512) 825-0731) for more information or if you would like to add your name to the sponsor list. 5/9/2016 Brother and Sister Firefighters, A request of the AFA Membership: If you live in or around the neighborhoods of TRAVIS COUNTRY, GOODNIGHT RANCH, MOORES CROSSING OR CANYON CREEK - Please respond to this email with your preferred contact information. We need inside information on neighborhood leaders, associations, clubs and the like to help AFA with this project. Update on Fire Station Project: We have achieved important progress on one of our major AFA projects: Building new AFD fire stations and reducing response times. As you may remember, the response time reduction project is the newest AFA project. For a good overview of the issues and the solutions contained within the proposed resolution, please watch the March 4th Public Safety Commission AFA/AFD presentation: https://vimeo.com/159644217 (audio poor at beginning but quickly gets better) Click here for presentation PowerPoint contained in the presentation video. On March 24th the Austin City Council adopted a response time resolution (click here to see). This resolution directs the City Manager to, each budget year, present a plan to City Council to fund and build the top 5 priority fire stations. The resolution also stipulates the AFD and AFA, will each year update this list of priority fire stations. The presentation will occur each budget year in open sessions so the AFA and affected neighborhood groups can comment. CM Delia Garza and the AFA worked very closely on this resolution. In essence, this resolution will stop the practice of the City Manager and the COA Budget Office blocking from Council important information regarding critical response time deficiencies and fire station needs. Please go to the AFA Community resource page www.austinsafetyfirst.org to find more information on the project. Next Steps: Among other things, the adopted resolution directs the City Manager to: "The City Manager is directed to develop a comprehensive plan for consideration during the FY 2016-17 budget process with proposed funding mechanisms and timelines for building fire stations in five areas of immediate need identified by the Austin Fire Association and the Austin Fire Department, which include the Travis Country area, the Loop 360 area, the Goodnight Ranch area, the Moore's Crossing area, and the Canyon Creek area." In June CM Ott will present his plan to build more fire stations. Until then, AFA is reaching out to committee leaders, especially in the 5 critical response time areas, to provide them with the right information and resources so they can contact CM Ott and Council and express how urgently they need these fire stations. This community outpour will help to ensure that Ott takes the project seriously. Please let me know if you would like to help on this important membership initiative by responding to this email.
Bob Nicks President, Austin Firefighters Association
PS - Links to media stories and other info related to the AFA Fire Stations Project: 2/24/2016 http://kxan.com/2016/03/24/austin-fire-department-wants-5-new-stations/ KEYE News Story
Money Mag growth http://money.cnn.com/2015/05/27/news/economy/us-fastest-growing-cities-texas/ http://www.forbes.com/pictures/mlj45hfdf/1-austin-texas/ forbes - econ growth rate https://www.texastribune.org/2015/05/21/interactive-texas-population-growth-2010-2014/ No matter how you slice it, Austin set for huge population growth, report says Even under the most pessimistic projections - if some sort of plague and economic slump were to take hold in the region - the Austin area's population will still grow by more than 30 percent over the next 15 years, a report from the Urban Institute shows.
Brother and Sister Firefighters, 911 responder health care benefits are in serious trouble. By the end of next week, Congress must reauthorize and extend the James Zadroga 9/11 Health and Compensation Act of 2010 or those sickened by Ground Zero toxins will stop getting the health care and compensation they need and deserve. These first responders need and deserve our support. Here is what you can do to help, it's as simple as going to the link below and either calling or emailing a Representative or Senator.
Bob Nicks President, Austin Firefighters Association AFA formal request to ATCEMS Click on the image below to view entire Letter from AFA to ATCEMS as a formal request to begin discussions regarding consolidation.
Membership Correspondence from President Nicks Past Membership Correspondence from President Nicks Click here to subscribe to the Local 975 email list
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