THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, May 3, 1996 TAG: 9605030493
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY MIKE MATHER, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 79 lines
The city is expecting a federal ruling that, if unfavorable, could seriously hobble the volunteer rescue squads, officials said Thursday.
For the past year, the Department of Labor has been investigating whether it is proper for the city to let about 50 firefighters serve without pay on the city's volunteer rescue squads because the jobs are similar.
A Department of Labor investigator has told Deputy City Attorney Randy Blow that it doesn't look good for the city, Blow said. In similar cases, federal rulings have sided against the cities, the investigator told Blow.
Blow, who asked for the ruling, said he expects the results soon.
``It's a difficult issue,'' he said. ``We have no desire to violate the act.''
A ruling faulting the city could mean firefighters who volunteer as rescue squad members would have to give up those duties. And that means the city's rescue squads would lose a significant number of workers. Rescue staffing is already so low that many stations and ambulances aren't fully manned each day.
About 16 of those firefighters are advanced-rescue certified, and rescue-squad workers with those qualifications are in high demand.
The issue is complicated, but one of the main contentions is why professional firefighters are volunteering with the rescue squads in the first place.
Some firefighters have said they volunteer out of civic duty and wouldn't want to give up their rescue work. Others say the only way they can be trained for advanced-rescue work is to volunteer.
Firefighters who want to learn advanced rescue techniques say they are required to take the courses and tests under the guidance of the Department of Emergency Medical Services, the city agency that regulates the 11 volunteer rescue squads.
But getting the training and certifications isn't possible without being a volunteer rescue-squad member, the firefighters have said. So, if firefighters want to become paramedics and use advanced-rescue skills while on duty, they have to work as volunteers, they said.
The Fair Labor Standards Act prevents employers from requiring paid workers to volunteer for the same jobs they do normally. Firefighters here spend much of their time answering medical calls.
A second key issue is the relationship between the city and its rescue squads.
Each of the city's rescue squads is a private organization. Nearly all funding comes from donations. Recruiting decisions are made by the individual squads, not the city.
But the rescue squads are regulated by a city agency, are recognized in the city code, and their volunteers are eligible for workers' compensation.
``I don't agree that a private corporation can be considered part of the city,'' Blow said. ``But the (Department of Labor) obviously doesn't have to take my opinion.''
Blow said if the city receives a negative ruling, it could appeal.
No one yet knows how much an unfavorable ruling could cost the city. If the ruling favors the firefighters, they could be eligible for back pay or overtime pay for the volunteer shifts they have worked, Blow said. But, he added, the investigation would have to show the city willfully violated the fair-labor act.
The all-volunteer rescue squads save the city more than $7.5 million each year, officials have said. The rescue services have been a point of pride to city officials because Virginia Beach is the only city its size in the nation still protected by rescue volunteers.
In fact, none of the nation's 200 most populous cities have all-volunteer rescue squads, except Virginia Beach. ILLUSTRATION: The Virginian-Pilot file
On 17th Street is the Virginia Beach Volunteer Rescue Squad's
building, opened late last year. This squad and the others, being
private organizations, save the city more than $7.5 million each
year.
by CNB