Public Protection & Safety

FIFTEEN ROPE FERRY ROAD PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
AGENDA
PUBLIC PROTECTION & SAFETY STANDING COMMITTEE of the RTM
SPECIAL MEETING
Wednesday, March 8, 2023
6:00 P.M. - Waterford Town Hall
BOE Conference Room
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
To consider and act upon the January 5, 2023 Meeting Minutes.
Consideration and possible action on item(s) referred to committee:
A. Review of Ordinance 2.36 — Volunteer Firefighters Incentive Program, RTC 06/06/22
B. Fire Marshal Permits Fee Schedule Ordinance, RTC 10/03/22
6. Adjournment
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PHONE: 860-442-0553
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886 www.waterfordctorg
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PUBLIC PROTECTION & SAFETY STANDING COMMITTEE OF. THE RIMZS
SPECIAL MEETING MINUTES 2\ U &s
MONDAY, JANUARY 5, 2023 ae. & TB
6:00 P.M. WATERFORD TOWN HALL re 3
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 Spécial 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 Elleen 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-
WATERFORD, CT
2023 JAN LT ATE YE
Chapter 2.36 FIRE SERVICE ATTEST Bid te ape
TOWN CLERY
Title 2 — ADMINISTRATION AND PERSONNEL
2.36.080 - Volunteer firefighters and fire police incentive program.
A. Purpose. Pursuant to § 7-148(c)(4}(B) of the Conriecticut 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 ts designed to pravide 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. Pragram year: Program year ts:the fiscal year, ive., July 1—June 30.
3. Implementation date: The implementation date of the program is July 1, 2020', #
4, Volunteer member in goad standing in the Waterford Fire Department: A volunteer member in
good standing is defined as:
a. A certified firefighter (i.¢., State of Connecticut Firefighter HL or higher} who has participated
inthe minimum training sessions designated by the director of fire services and including, but
not limited to. required training (as set forth in paragraph 8.8), by June 30 of the year
preceding the year of eligibility (e.g., complete training by Juné 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. A member of the fire police who has participated in the minitnum training sessions designated
by the director of fire services and, including but not limited to, required training (asset 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,
Page} of 6

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 isa
certified firefighter-and member ih-good standing who, during the year of eligibility, has
participated ina 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-certiticationsrecertifications along with the approved trainirig 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-
certifieationsrecertifications and/or approved training drills.
Training shallinclude, 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
[S-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
* Haz-Mat Operational Refresher
¢ Incident Command System Refresher
* Live Fire Training {Annual}
« Sload-berneBloodborne Pathogens
* SCBA refresher
* Routine Fit Testing
© CPR Certification
c. Certified fire officer requirements (additional):
Page 2 of 6

DRAFT 4 [redline] dan. 5, 2023
State of Connecticut Fire Officer 41
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
9. 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.
10. 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 paint, 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.
11. 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 fallows:
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)
2. 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.
Page 3 of 6

DRAFT 1 [redline] dan, 5, 2023
d. Anyone documenting another member's name on the report shall initial next to that entry for
validation purposes.
e. Attendance recards 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 firé services prior to the
approval of issuance of quarterly stipend.
h. The director of fire services shall also submit quarterly reports to the RTM onthe 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 ##y-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 af seven dollars for each.priar 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 poifits: 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, in-the-exercise-of-his/herdiseration;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 #fyy-thirty
points during a fiscal yearand who is also-a certified fire officer and meets all the additional
requirements outlined above (i.e., State of Connecticut Fire Officer 41; 15-800: 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-additianal two hundred dollars on an annual basis, Fhis-These
ene-hundred-fifty dellarstipends will be issued at the same time-as the stipend for the initial Af
thirty points. The director of fire services may propose changes to the higher level of training
Page 4 of 6

DRAFT + [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 paints
Firefighter 1 (160-hrs) = 80 points
Firefighter 2 (48 hrs) = 24 points
Fire Officer 1 (96 hrs) = 48 points
Fire Officer 2 (80 hrs) = 40 points
Fire Officer 3 (56 Hrs) = 28 points
Fire Officer 4 (56 brs) = 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
Qor COL Endorsement (32 hrs} = 16 points
Aerial Operator (48 hrs) = 24 points
Pump Operator (48 hrs) = 24 points
Rescue Technician-CORE (48 firs) = 24 points
Confined Spacé Rescue Téchnician (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 brs) = 3 points
Hazardous Material Awareness (8 hrs) = 4 points
I€S-100.(2 hrs) = 1 point
ICs -200 (2 hrs} = L.point
1S-700 (2 hrs) = ipoint
{R.T.M. X-X-23 (part)
Page 5 of 6

DRAFT 1 {redline] Jan. 5, 2023
67, ineligibility due to misconduct or separation from weterferd- Waterford fire-Fire
deparimentDepartment: The ordinance codified in this section incorporates by reference, the
Waterford Fire Department Policy 103-- Disciplinary Procedures, as may be retiurribered and/or
amended from time to time.
in the event that the director of fire services decides to impose disciplinary action shart 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 valunteer 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 (é.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 paints and {s-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 thé annual appropriation, then the
quarterly stipends for the then-current quarter will bé 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 ah ordinance ameridment
(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.
(Amenid.. of 10-5-20(4))
Faatnotes:
(=
Depending:en the date of enactment of this Ordinance, the implementation Date is retroactive to July 1, 2026;
Page 6 af'6

TO: Public Protection and Safety Standing Committee
RECEIVED FOR RECORD
FROM: Attorney Elleen Duggan WATERFORD, CT
DATE: December __,. 2022 7003 JAN TT A
Ri Proposed Changes to Volunteer Firefighters and Fire PTE Oe Sagat
Town of Waterford Code of Ordinance Section 2,36.080.“Volunteer firefighters and fire police incentive
program” went into effect January 2021. A.cogy 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 voteof 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 Tawn 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. oe
L 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: resporises and approved training drills. ‘Once-a
volunteer reaches.50 poihts In a fiscal-year, the volunteer will be eligible for quarterly stipend payments,
equivalent to $7-per point. Paragraph C3 provides that modifications to point system may be made.as
follows: : tae
The director of fire services may propose changes to the mandatory/minimum
eligibility criteria, point. value (Increase or decrease}, stipend rate or amount {iticrease
‘or decrease) to the RTM, which may act on such proposed changes by majority vote.
As part of its determination, the RTM must evaluaté continued compliance with the
federal. Fair Labor Standards Act.
The Director of Fire Services also. may award points for reasons other than emergency responses.and
approved trainirig drills.
In addition, paragraph C5 provides for additional training stipends, as follows:
Higher level of training stipend: An active volunteer firefighter who receives at least
fifty points during a fiscal year-and who is also a certified fire officer and meets all the
additional requirements outlined above (I.e., State of Connecticut Fire Officer 1; I$-800;
National Response Framework; (CS-300: intermediate (CS far Expanding Incidents; 1CS-
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 he issued at the same time’as the stipend for
{102534158,.DOCX; v.} Page 1of4

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.”
th. Recap of Proposed Changes
esented to the PPSSC at its meeting
The proposed changes by Director Howley are set forth in a e
he primary.proposed changes are:
on September 14, 2022. A copy of this memo is attached." 'T
ipend payment from 50
1. Lower the benchmark eligibility cri ‘o begin receiving
points to 30 points. ;
hing 30 points, receive $200
aching 40 points, receive $150
olice for successful completion of specific
-Waterford Police partment requests for assistance with traffic management.
ils Analysis of Proposed Chi
A Points
Director Howley has not suggested a change in the dollar value of a point {.¢.,$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. in 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 falis 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.
{102534158,DOCX; v.} Page 2 of 4

(n item 5 above, Director Howley seeks to add a new point category far 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 ta fire police under paragraph C4.
B. Stipends
Paragraph CS provides for a “higher level of training stipend”
point requirement and holds certification as a fire officer. .}
training/certification identified; there are multiple le
further states that the Director of Fire Services.“may
unteer who meets the requisite
each of the different levels of fire officer (any fire offic
present}, but stipends for additional levé
e.g., incident and Safety Officer, Fire Serv!
amendment to the Ordinance.
ids for the completion of certain
ints and maintaining EMT and/or
ints) for an annual Fire Officer
w one-time stipends for the completion of
trainings or certificati
Firefighter 1 status, a
nd should be analyzed under paragraph C5 regarding higher level
training stipends. T! hority, by majority vote, to increase or decrease the amount of
the stipend for fire offic
Should the RTM consider ame
consider, including
ing the Ordinance to add stipends, there are a number of issues to
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 he 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
{102534458.D0CX; v.} Page 3 of 4

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 palice 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 pa 's, transform volunteer
firefighters into employees under state and/or federal wage and hour laws.
Nevertheless, placing an overall limit on the 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. :
from 50 points to 40 points, the Ordinance allows the | 3 stipend by
majority vote, but it does not expressly allow for modification.o ligibility by
majority vote. Decreasing the points in
Vv. Summary
{In sum, some changes to th
der to create new training or certification stipends, or to decrease the points
necessary.to qualify for the-existing Fire Officer stipend, the Town must amend the Ordinance.
{102534158.DOCX; v.} Page 4 of 4