Representative Town Meeting (RTM) - Minutes - 01/05/2023

PHONE: 860-442-0553
FIFTEEN ROPE FERRY ROAD
www.waterfordct.org
WATERFORD, CT 06385-2886
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SPECIAL MEETING MINUTES U Ss
MONDAY, JANUARY 5, 2023 “ig
6:00 P.M. WATERFORD TOWN HALL o 2
LOUISE APPLEBY ROOM
1.) Meeting called to order at 6:03 P.M. by Chairperson Timothy Condon
2.) Pledge of Allegiance
3.) Roll Call
Present: Timothy Condon (chair), Thomas Dembek, Susan Driscoll, Timothy
Fioravanti, Steve Garvin.
Absent: None
Others Present: Director of Fire Services Mike Howley, Labor Attorney Kristi
Kelly.
Public Comment: None
4.) Consider and Act upon the September 14, 2022 Special Meeting Minutes
MOTION by Dembek, seconded by Garvin to approve the minutes from the
September 14, 2022 Special Meeting.
VOTING IN FAVOR: Unanimous
5.) Consideration and possible action on item referred to committee:
a.) Review of Ordinance 2.36 — Volunteer Firefighters Incentive Program,
RTC 06/06/22. Chairperson Condon gave a brief overview of the last
meeting and turned the floor over to Kristi Kelly to summarize the legal
review. Attorney Kelly reviewed a document prepared by Eileen Dugan.
Committee continued the review process of the ordinance and began
debating language changes. Multiple changes to the ordinance were
proposed and reduced to writing in the form of a draft. Committee agreed
to meet again to review the changes. Proposed changes and draft
document enclosed.
NO MOTIONS
b.) Fire Marshal Permits Fee Schedule Ordinance, RTC 10/03/22
Chairperson Condon opened discussion explaining that other communities
are billing for Marshal Services and how this possible ordinance may
offset operating costs for the Fire Marshal’s Office. Director Howley

presented the committee with multiple ordinances from around the area
and the fees associated. Committee agreed in spirit to investigate the
matter further and requested that the Director propose a possible fee
structure for review.
NO MOTIONS
6.) MOTION by Dembek, seconded by Fioravanti, to adjourn at 7:50 P.M.
VOTING IN FAVOR: Unanimous
Respectfully submitted,
Timothy Condon, Chair

DRAFT 1 [redline] Jan. 5, 2023
RECEIVED FOR RECORD
WATERFORO, CT
Title 2 — ADMINISTRATION AND PERSONNEL
203 JAN IT ATE UT
Chapter 2.36 FIRE SERVICE
2.36.080 - Volunteer firefighters and fire police incentive program.
A. Purpose. Pursuant to § 7-148(c)(4)(B) of the Connecticut General Statutes, the Town of Waterford
may enact an ordinance to organize, maintain and regulate the persons providing fire protection.
This volunteer firefighters and fire police incentive program is designed to provide monetary
compensation to active, volunteer firefighters and fire police members in the Town of Waterford
Fire Department, in an effort to assist in covering volunteers' expenses during the execution of
their duties, while complying with the federal Fair Labor Standards Act of 1938 as amended, 29
U.S.C. § 201 et seq. ("FLSA"). The FLSA permits payments for reimbursement of expenses,
reasonable benefits and nominal fees to volunteers without impairing their status as volunteers.
These benefits are in addition to the existing property tax abatement program for volunteer
firefighters in Title 3, Chapter 3.12 of this Code of Ordinances. Town of Waterford Fire Department
personnel employed by the Town of Waterford are not eligible for this volunteer firefighters and
fire police incentive program.
B. Definitions.
1. Program: The term "program" means the volunteer firefighters and fire police incentive
program.
2. Program year: Program year is the fiscal year, i.e., July 1—June 30.
3. Implementation date: The implementation date of the program is July 1, 20201. #
4. Volunteer member in good standing in the Waterford Fire Department: A volunteer member in
good standing is defined as:
a. A certified firefighter (i.e., State of Connecticut Firefighter +1 or higher) who has participated
in the minimum training sessions designated by the director of fire services and including, but
not limited to required training (as set forth in paragraph B.8), by June 30 of the year
preceding the year of eligibility (e.g., complete training by June 30, 2020, to be eligible for the
program for the fiscal year July 1, 2020—June 30, 2021, absent a modification of the June 30
date by the director of fire services on an individual basis pursuant to paragraph B.8); and/or
b. Amember of the fire police who has participated in the minimum training sessions designated
by the director of fire services and, including but not limited to, required training (as set forth
in paragraph B.8.d), by June 30 of the year preceding the year of eligibility (e.g., complete
training by June 30, 2020,-to be eligible for the program for the fiscal year July 1, 2020—June
30, 2021, absent a modification of the June 30 date by the director of fire services on an
individual basis pursuant to paragraph B.8); and who has been sworn in by the town clerk.
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DRAFT 1 [redline] Jan. 5, 2023
A volunteer member in good standing does not include any member terminated from volunteer
service by the Town of Waterford or otherwise separating from volunteer service for any reason,
voluntary or involuntary.
5. Active volunteer firefighter in the Waterford Fire Department: An active volunteer firefighter is a
certified firefighter and member in good standing who, during the year of eligibility, has
participated in a minimum number of approved training drills and maintains the minimum
training requirements as set forth by the director of fire services.
6. Active volunteer fire police member in the Waterford Fire Department: An active volunteer fire
police member is a member in good standing who has been sworn in by the town clerk and who
maintains the minimum training requirements as set forth by the director of fire services.
7. Approved training drill: An approved training drill is a Waterford Fire Department level drill that
is approved in advance by the director of fire services and will result in credit towards the town's
insurance service organization, fire protection classification rating.
8. Required training: Required training is state and federal minimum requirements to function at
emergency scenes. These requirements shall include, but are not limited to, the yearly
certifications and re-certificationsrecertifications along with the approved training drills. The
director of fire services maintains the discretion, upon a showing of good cause by the volunteer,
to excuse temporarily and/or until a date certain, the absence of any such certifications, re-
certificatiensrecertifications and/or approved training drills.
Training shall include, but is not limited to, the following titles and substantive content (training
titles and reference numbers may change from time to time):
a. Minimum certifications:
State of Connecticut Firefighter 41
Hazardous Materials - Operational Level
IS-700: National Incident Management System
ICS-100: Introduction to the Incident Command System
ICS-200: ICS for Single Resources and Initial Action Incidents
b. Mandatory training:
Attend routine training drills (Monthly)
OSHA Mandates
e Haz-Mat Operational Refresher
e Incident Command System Refresher
e Live Fire Training (Annual)
e¢ BloedberreBloodborne Pathogens
e SCBA refresher
e Routine Fit Testing
e CPR Certification
c. Certified fire officer requirements (additional):
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DRAFT 1 [redline] Jan. 5, 2023
9.
10.
11.
State of Connecticut Fire Officer #1
1S-800: National Response Framework
ICS-300: intermediate ICS for Expanding Incidents
ICS-400: Advanced ICS for Command and General Staff
d. Fire police requirements:
Hazardous Materials - Awareness Level
IS-700: National Incident Management System
ICS-100: introduction to the Incident Command System
Stipend: A stipend is an amount of money awarded to any active volunteer firefighter or active
fire police member who meets the criteria set forth below and as may be modified, from time to
time, by the director of fire services.
Point: A point represents participation by an active volunteer firefighter or active fire police
member in an emergency fire response or approved training drills as described in paragraph B.7.
To receive a point, an active volunteer firefighter or active fire police member must actually
attend an incident and/or respond to and arrive at an activated station before the incident
commander dismisses the assignment and/or attend and complete approved training drills.
individuals serving as volunteers or employees of the Waterford Ambulance Service when
attending and/or responding to a particular incident will not receive points related to that
incident.
Incident commander: The incident commander sets priorities and defines the incident command
system organization for the particular response and is responsible for the safety, accountability,
and welfare of personnel through an incident.
C. Program components.
1. Stipend schedule: Active volunteer firefighters and fire police members who meet the criteria set
forth below are eligible for stipends issued on a quarterly basis as follows:
First Quarter = July through September (Issued in October)
Second Quarter = October through December (Issued in January)
Third Quarter = January through March (Issued in April)
Fourth Quarter = April through June (issued in July)
. Reporting requirements:
a. An incident report shall be generated and completed for every dispatched incident.
b. All active volunteer firefighters and active volunteer fire police members must sign the report
within fifteen minutes of the last vehicle returning to the station at the termination of the
event.
c. If an active volunteer firefighter or active volunteer fire police member is not able to sign the
report within the allotted time set forth in subsection C.2.b, he or she must file a report with
twenty-four hours of the incident.
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DRAFT 1 [redline] Jan. 5, 2023
d. Anyone documenting another member's name on the report shall initial next to that entry for
validation purposes.
e. Attendance records shall be recorded and maintained on the town's approved records
management software.
f. The director of fire services or his/her designee shall prepare the quarterly reports for
payment.
g. All quarterly reports will be reviewed and approved by the director of fire services prior to the
approval of issuance of quarterly stipend.
h. The director of fire services shall also submit quarterly reports to the RTM on the status of the
program.
3. Stipend eligibility and amount: An active volunteer firefighter or active volunteer fire police
member shall not receive any stipend until receiving a minimum of fifty-thirty points during that
fiscal year. The active volunteer firefighter or active volunteer fire police member will then be
provided a stipend at the rate of seven dollars for each prior and subsequent point earned
during that fiscal year (e.g., an active volunteer firefighter who has fifty-five points will receive
three hundred eighty-five dollars; an active volunteer firefighter with twenty points will receive
zero dollars). The director of fire services may propose changes to the mandatory/minimum
eligibility criteria, point value (increase or decrease), stipend rate or amount (increase or
decrease) to the RTM, which may act on such proposed changes by majority vote. As part of its
determination, the RTM must evaluate continued compliance with the federal Fair Labor
Standards Act.
(R.T.M. X-X-23 (part))
4. Discretionary decisions on awarding of points: The director of fire services, in the exercise of
his/her discretion, will decide any disputes regarding the awarding of points under paragraph
B.10. The director of fire services, inthe-exercise of his/her diseretion-also may, in accordance
with departmental policy, award points for reasons other than those expressly set forth in
paragraph B.10. These decisions shall be documented in the quarterly report.
(R.T.M. X-X-23 (part
5. Higher level of training stipend: An active volunteer firefighter who receives at least fifty-thirty
points during a fiscal year and who is also a certified fire officer and meets all the additional
requirements outlined above (i.e., State of Connecticut Fire Officer 41; IS-800: National Response
Framework; ICS-300: Intermediate ICS for Expanding Incidents; ICS-400: Advanced ICS for
Command and General Staff), will receive an additional one hundred fifty dollars on an annual
basis in recognition of his/her high level of training. An active volunteer firefighter who receives
at least thirty points during a fiscal year and meets the requirements for both Fire Officer 1 and
EMT certification will receive an additional two hundred dollars on an annual basis. Fhis-These
ene-hundrec-fifty dotlarstipends will be issued at the same time as the stipend for the initial fifty
thirty points. The director of fire services may propose changes to the higher level of training
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DRAFT 1 [redline] Jan. 5, 2023
stipend amount (increase or decrease) to the RTM, which may act on such proposed changes by
majority vote.
(R.T.M. X-X-23 (part))
6. Initial education stipend: An active volunteer firefighter or active volunteer fire police member
will receive points commensurate with certification in the courses listed below. Education
stipends will be issued in the quarter following certification and/or receipt of at least thirty
points during a fiscal year, whichever is earlier.
Firefighters Courses
Emergency Medical Technician (180 hrs) = 90 points
Firefighter 1 (160 hrs) = 80 points
Firefighter 2 (48 hrs) = 24 points
Fire Officer 1 (96 hrs) = 48 points
Fire Officer 2 (80 hrs) = AO points
Fire Officer 3 (56 hrs) = 28 points
Fire Officer 4 (56 hrs) = 28 points
Incident Safety Officer (24 hrs) = 12 points
Health & Safety Officer (24 hrs) = 12 points
Fire Service Instructor 1 (48 hrs) = 24 points
Fire Service Instructor 2 (40 hrs) = 20 points
Q or CDL Endorsement (32 hrs) = 16 points
Aerial Operator (48 hrs) = 24 points
Pump Operator (48 hrs) = 24 points
Rescue Technician-CORE (48 hrs) = 24 points
Confined Space Rescue Technician (56 hrs) = 28 points
Rope Rescue Technician (64 hrs) = 32 points
Vehicle Rescue Technician (48 hrs) = 24 points
Trench Rescue Technician (56 hrs) = 28 points
Haz-Mat Rescue Technician (40 hrs) = 20 points
Fire Police Courses
Traffic Incident Management (6 hrs) = 3 points
Hazardous Material Awareness (8 hrs) = 4 points
ICS-100 (2 hrs) © 1 point
ICS -200 (2 hrs) = 1 point
IS-700 (2 hrs) = 1 point
(R.T.M. X-X-23 (part))
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DRAFT 1 [redline] Jan. 5, 2023
67. Ineligibility due to misconduct or separation from weterferd-Waterford fire-Fire
departmentDepartment: The ordinance codified in this section incorporates by reference, the
Waterford Fire Department Policy 103 - Disciplinary Procedures, as may be renumbered and/or
amended from time to time.
In the event that the director of fire services decides to impose disciplinary action short of
termination against any active volunteer firefighter or active volunteer fire police member, the
director of fire services retains the discretion to suspend any active volunteer firefighter or
active volunteer fire police member from the program, as either the discipline or as a component
of the discipline. The director of fire services retains the discretion to determine the status of
any existing points (e.g., forfeited, retained) at the time of suspension.
Any active volunteer firefighter or active volunteer fire police member who is terminated from
volunteer service by the Town of Waterford immediately forfeits all points and is not eligible for
any stipend. The director of fire services and the human resources director shall evaluate and
determine, in their discretion, the eligibility for a stipend of an active volunteer firefighter or
active volunteer fire police member who voluntarily separated from volunteer service as of the
end of a quarter.
D. Funding and administration.
1. Funding:
a. Through its normal, annual budget process, the town shall determine whether or not to fund
the program and, if so, in what amount.
b. Any portion of the annual appropriation not expended during a fiscal year does not carry over
to the next fiscal year.
c. Should the total expenses for the program exceed the annual appropriation, then the
quarterly stipends for the then-current quarter will be prorated to reflect the total amount
available for distribution for that quarter. If the program exceeds the annual appropriation in
a quarter other than the last quarter of the fiscal year, the program may be unfunded for
quarters following the pro-rated quarter.
2. Modifications: Any modifications allowed under this section without an ordinance amendment
(e.g., change in the stipend rate) will be recorded in an annual program update each July and
maintained on file in the office of the director of fire services.
3. Termination: The town shall have the right through the representative town meeting to
terminate the program at any time through the ordinance process.
(Amend. of 10-5-20(4))
Footnotes:
(1)
Depending on the date of enactment of this Ordinance, the Implementation Date is retroactive to July 1, 2020-
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TO: Public Protection and Safety Standing Committee
RECEIVED FOR RECORD
FROM: Attorney Eileen Duggan WATERFORD, CT
DATE: December __, 2022 7023 JAN IT A 1044
RE: Proposed Changes to Volunteer Firefighters and Fire Police Incentive Pr,
Town of Waterford Code of Ordinance Section 2.36.080 “Volunteer firefighters and fire police incentive
program” went into effect January 2021. A copy of this Ordinance is attached. When adopting the
Ordinance, the Town carefully evaluated the nature and scope of the plan to ensure that the provision
of various incentives would not transform volunteer firefighters into employees under state and/or
federal wage and hour laws. The Town further built into this incentive program flexibility to modify
specific aspects of the program by simple majority vote of the RTM, rather than by amendment to the
Ordinance. Upon reviewing the incentive program after over a year of data, Director of Fire Services
Michael Howley (“Director Howley”), in conjunction with the Public Protection and Safety Standing
Committee (“PPSSC”) of the Representative Town Meeting (“RTM”), is seeking to make enhancements
to the incentive program for the ongoing purposes of recruitment and retention of volunteer firefighters
and fire police.
I. Recap of Existing Program
The existing program allows active, qualified volunteer firefighters and/or fire police (as defined in the
Ordinance) to earn “points” for certain emergency responses and approved training drills. Once a
volunteer reaches 50 points in a fiscal year, the volunteer will be eligible for quarterly stipend payments,
equivalent to $7 per point. Paragraph C3 provides that modifications to point system may be made as
follows:
The director of fire services may propose changes to the mandatory/minimum
eligibility criteria, point value (increase or decrease), stipend rate or amount (increase
or decrease) to the RTM, which may act on such proposed changes by majority vote.
As part of its determination, the RTM must evaluate continued compliance with the
federal Fair Labor Standards Act.
The Director of Fire Services also may award points for reasons other than emergency responses and
approved training drills.
In addition, paragraph C5 provides for additional training stipends, as follows:
Higher level of training stipend: An active volunteer firefighter who receives at least
fifty points during a fiscal year and who is also a certified fire officer and meets all the
additional requirements outlined above (i.e., State of Connecticut Fire Officer |; IS-800:
National Response Framework; ICS-300: Intermediate ICS for Expanding Incidents; ICS-
400: Advanced ICS for Command and General Staff), will receive an additional one
hundred fifty dollars on an annual basis in recognition of his/her high level of training.
This one hundred fifty dollar stipend will be issued at the same time as the stipend for
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the initial fifty points. The director of fire services may propose changes to the higher
level of training stipend amount (increase or decrease) to the RTM, which may act on
such proposed changes by majority vote.
Per Paragraph D2 of the Ordinance, modifications permitted under the Ordinance through RTM majority
vote “will be recorded in an annual program update each July and maintained on file in the office of the
director of fire services.”
I. Recap of Proposed Changes
The proposed changes by Director Howley are set forth in a memo presented to the PPSSC at its meeting
on September 14, 2022. A copy of this memo is attached.* The primary.proposed changes are:
1. Lower the benchmark eligibility criteria to begin receiving stipend payment from 50
points to 30 points.
2. Add 20 individual stipends for volunteer firefighters for successful completion of specific
courses, trainings and/or certifications.
3. Provide opportunity for volunteer firefighters to receive annual stipend for 3 specific
courses, when the following point criteria are met during a given year:
Firefighter1 = - Upon reaching 30 points,.receive $200
EMT - Upon.reaching 30 points, receive $200
Fire Officer 1 .-- Upon reaching 40 points, receive $150
4, Add 6 individual stipends for-volunteer fire police for successful completion of specific
courses, trainings and/or certifications.
5. Add additional basis for- volunteer fire police to obtain points by responding to
Waterford Police Department requests for assistance with traffic management.
il. Analysis of Proposed Changes
A. Points
Director Howley has not suggested a change in the dollar value of a point (i.e., $7). As such (and given
that the cost of a paid Waterford Firefighter have not decreased since the inception of the program), a
new analysis of the value of a point for FLSA compliance purposes is not needed. !n item 1 above,
Director Howley does seek to reduce the mandatory minimum point requirement to qualify for a stipend
from 50 to 30. Such a reduction will not impact FLSA compliance and falls within the parameters set
forth in paragraph C3 for consideration by the RTM by majority vote.
1 This memo is updated from that attached to the PPSSC meeting agenda for September 14, 2022.
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In item 5 above, Director Howley seeks to add a new point category for fire police of “traffic
management”, The Ordinance doesn’t provide for the opportunity to expressly add new point
categories for particular duties. The Ordinance does, however, in paragraph C4, allow the Director of
Fire Services “in the exercise of his/her discretion [to] ... award points for reasons other than those set
forth in paragraph B10. These decisions shall be documented in the quarterly reports”. Absent an
amendment to the Ordinance, the Director of Fire Services may utilize his/her discretion to award points
for traffic management to fire police under paragraph C4.
B. Stipends
Paragraph C5 provides for a “higher level of training stipend” for.a volunteer who meets the requisite
point requirement and holds certification as a fire officer. Fire-officer,-in general, is the only
training/certification identified; there are multiple levels of fire officers -—1, 2,3 and 4. Paragraph C5
further states that the Director of Fire Services “may propose changes to the higher level of training
stipend amount (increase or decrease) to the RTM, which may act on such proposed changes by
majority vote.” The RTM may consider and act on by majority vote proposed amounts for a stipend for
each of the different levels of fire officer (any fire officer certification ‘equates to $150 stipend at
present}, but stipends for additional level trainings or certification (whether “higher level” or otherwise
e.g., Incident and Safety Officer, Fire Services Instructor, Haz-Mat.Technician, Rope Technician) require
amendment to the Ordinance.
Here, the Director Howley proposes for firefighters new one-time stipends for the completion of certain
trainings or certifications, ‘annual stipends of $200 for reaching 30 points and maintaining EMT and/or
Firefighter 1 status, and.a lower threshold (40 points instead of 50 points) for an annual Fire Officer
stipend. Director Howley also proposes for fire police, new one-time stipends for the completion of
certain trainings (e.g., Traffic Incident Management Course) specific to fire police duties.
Director Howley determined the dollar value for the new, one-time stipends by dividing the number of
required training hours required by 2 to.arrive at a point value, and multiplying that point value by $7
(e.g., a 96 hour training = 48 points *$7 = $336 one-time stipend). Although framed in terms of points,
these are training stipends that fall.outside of the provisions in paragraphs B10 (regular award of points)
or C4 (discretionary.award of points), and should be analyzed under paragraph C5 regarding higher level
training stipends. The RTM has the authority, by majority vote, to increase or decrease the amount of
the stipend for fire officer certifications. Adding stipends for other training certifications, however,
requires amendment of the Ordinance.
Should the RTM consider amending the Ordinance to add stipends, there are a number of issues to
consider, including
1. Eligibility for quarterly stipends based on the point system requires Firefighter |
certification and other trainings outlined in the Ordinance. Consideration should be
given to whether one-time stipends are appropriate for participating and completing
trainings that a volunteer must already have to be eligible for the program (e.g.,
Firefighter |) and/or whether adding annual stipends for such trainings are appropriate.
2. Current eligibility for annual firefighter training stipends is limited to “higher level
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training”, specifically Fire Officer. Consideration should be given to the definition of
“higher level training” and ensuring that the trainings proposed to be included fall
within the definition (and/or whether the definition should be expanded).
3. With the exception of the proposed firefighter stipends for EMT, Firefighter | and Fire
Officer | certifications (ranging from $336-$630), proposed one-time firefighter stipends
fall in the more modest range of $84-$280. One-time stipends for fire police are in the
even more modest range of $7-$28. As these are intended to be one-time stipends
(and any individual at a given time likely would not receive more than $1000 in such
stipends (a high estimate)), it is unlikely that adding many of the proposed stipends
would, in conjunction with the other potential payments, transform volunteer
firefighters into employees under state and/or federal wage and hour laws.
Nevertheless, placing an overall limit on the amount an individual may receive in these
training stipends in a given year (e.g., $500-$750) should eliminate potential state
and/or federal wage and hour law concerns.
As to the proposal to decrease the number of paints.to be eligible for the annual Fire Officer stipend
from 50 points to 40 points, the Ordinance allows the RTM to change the amount ofthe stipend by
majority vote, but it does not expressly allow for modification of the points required for eligibility by
majority vote. Decreasing the points in this instance requires.an amendment to the Ordinance.
Vv. Summary
In sum, some changes to the current program may be made via majority vote of the RTM, some by
amendment to the Ordinance and others in the discretion of the Director, as follows:
The RTM may decrease the eligibility requirement to receive a stipend from 50 points to 30
points by majority vote.
The Director of Fire Services may use his/her discretion to award points to fire police for traffic
management.
in order to create new categories of training or certification stipends, or to decrease the points
necessary to qualify for the existing Fire Officer stipend, the Town must amend the Ordinance.
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