'09 ACP

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The Sun has had a few articles recently dealing with the issue of whether the city should restore funding to a dozen firefighting positions that were eliminated during this winter's round of budget cuts.

No firefighters were laid off, but eight of those positions had been filled by firefighters working overtime shifts. Having those eight positions on the books allowed the Fire Department to put four firefighters on fire engines that now have only three-person crews. Having three firefighters on an engine means that firefighters have to wait for backup to enter a burning building unless it's obvious that someone needs to be rescued. Otherwise, firefighters operate on a two-in, two-out principle.

Fifth Ward Councilman Chas Kelley wanted to restore funding, but other council members would not join in his effort at Monday's meeting.

One aspect of that meeting that did not make its way into printed stories was deputy city attorney Jolena Grider's suggestion that the city use Administrative Civil Penalties, called ACP's in City Hall's alphabet soup, to help fund the department.

ACPs are a relatively new fine mechanism that the city can use to assess penalties on those who violate any provision of San Bernardino's municipal code. A maximum penalty of $1,000 per day can be levied in addition to other penalties as long as a violation is observed.

Grider's boss, City Attorney James F. Penman, is a proponent of ACPs. FIrefighters are required to perform inspections and Grider said Monday that Penman's office supports the use of ACPs to bolster the Fire budget.

"That could be a good way of raising revenue that hasn't been used at that point," she said.

However, the idea didn't seem to get any traction. Interim City Manager Mark Weinberg and 6th Ward Councilman Rikke Van Johnson both said they didn't want to employ firefighters as revenue collection agents.

"That's not any more palatable to me than if we had our police officers write more traffic citations on the street so we would be able to fund more officers," Weinberg said.

Weinberg also said the city's hearing officer frequently reduced ACP fines from the $1,000 max to amounts like $100.

3 Comments

S T said:

Mark is right.
You send out the fire fighters to make inspections and one could confuse an over agressive inspection with a fund raising activity.
Of course the same goes for Code enforcement as well.
Inspections by diferent officers, in diferent areas, can not be measured as fairly administrated equally, unless there is follow up by a nuetral, single comparative grading system or person.
Bad day for inspector, could be worse day for inspectee. Might the inspection, also be judged on who the inspectee knows at city hall and to what degreee his inspector judges the infraction.
Toooo many variables to have ( as Mark put it) officers be "Revenue Collection agents".
Bad Idea from attorney's office, although , I understand their frustration too.

Concerned said:

If using “ACP’s” to be a revenue making tool for the City, then the inspections stop being inspections and become another form of Big Brother and corruption. If the city (or department) is dependant upon ACP’s to make money, then there must be a quota hidden in this system somewhere which is never good. This opens the door for bribes and kickbacks too. This action is taking the City down a path which will lead to more trouble than the taxpayer or citizens want. It is bad enough the citizenship and visitors to SB must endure the battery of traffic cameras as a means to make revenue for the City and now the “ELECTED” are considering the use of inspections to generate operating funds too? Before any such idea is placed in motion, the entire idea MUST be put before the voters and approved.

San Bernardino today has so little going for it. Few if any quality places to shop (as most have or are going out of business) and this includes new car to new clothes. Unemployment is at record levels. Most of “E” Street is void of operating businesses and the boarded up or closed buildings out number the open for business ones. Graffiti abounds and is showing the ugly underside of a dying City. Finding yourself alone downtown when it is dark is not in your best interest as your personal safety is now questionable due to the roving gang members that occupy themselves by causing grief to those who are an easy target. What is there within SB that welcomes a new business? What attraction do you find within SB that captures the attention of ANY kind of business establishment to locate here? Now the City wants to initiate a “SYSTEM” (they will call ACP’s) to offset revenue generation in the form of inspections?

It is interesting how the elected can not, or will not, work together for the betterment of, or for the benefit the City and its residents until it is time to find a way to rob the citizens or businesses / merchants of revenue. Then and only then do they agree on which day it is and if the proposed proposal will achieve the results they seek. Mandatory ACP’s is not a good idea, not for the City, not for the residents not for the few merchants that are left.

If the Fire Dept needs more operating capital to provide emergency services to the citizens of SB then ask the voters for it as was done for the PD and Measure Z. Publicly justify the required funds showing full accountability of existing expenditures and what more is needed and why and let the voters decide.

S T said:

To concerned,
You are right on.
Your last paragraph is a good idea, however, like with prop Z, a lawyer ( mayor Morris), will probably put him self in charge to write up this one too, and have a nasty little clause in there again, for him to jerk off some more personal agenda funding.
I saw it when he presented ""Z" to the voters and knew it would be a problem from day one.
I would also suspect the funding to pass thru the general fund, and be run thru the gammit of splitting it off into so many little categories, like "Z" was, that it would take an accountant to follow.
I watched the council work shop on "Z", and the finance officer came up with at least 4 categories to put Prop Z funding thru, and if you don't know the categorical names, you can not back track the funding. It is on tape and I am sure any one can review it for their pleasure or not!

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This page contains a single entry by Andrew Edwards published on April 22, 2009 3:48 PM.

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