Fire District withholds report arguing that it's just a draft
Consultants wrap up first phase of study
By Kara Chalmers
The Saratoga Fire District has kept private a draft report on the study of the district's level of fire and medical services that it is funding, prompting concerns on the part of firefighters who have not yet seen the report.
The district hired the consulting firm DMG Maximus to study the level of service in the district.
So far, DMG has sent two status reports, which were both highly anticipated by some of the union firefighters. They wish to contract with the Santa Clara County Fire Department.
"We want to contract with county and we hope that the result of the study will point in that direction," said union president SFD Capt. Bill Morrison.
DMG released the first report in April, but the SFD firefighters never saw it.
SFD commission chairman Bob Egan said the reason that the committee kept the first report private was because the consultants had compared the SFD with the county department and they were supposed to have only studied the SFD. He also said the report contained inaccuracies.
In May, the committee formed to oversee the study met and decided that they would meet again in ten days, at which point the firm was to have made corrections, so that they could show the fire- fighters the revised document.
As of press time, this still hadn't happened, although it will soon, according to Egan.
SFD Chief Ernie Kraule received the corrected second draft on July 21, and it was distributed to the committee. The committee is made up of Morrison, Kraule, Egan, Santa Clara County Fire Department Chief Douglas Sporleder, consultant for the SFD Lane Long, Morrison, and former Saratoga Public Safety Commission chairman Frank Lemmon. The committee then met on Aug. 2, to discuss it. Egan said this time the report focuses solely on the SFD and that "the report looks very, very good."
Egan said that as soon as DMG sends the report back to the station on Aug. 4 or Aug. 7, with minor corrections, the captains of all three shifts would be given copies to discuss with their shifts.
Egan said he and the other committee members would not share copies of the report with the public or the press. He said the report is in draft form, it is not a public record and it's for internal use only.
"This first phase was just an evaluation of our department, getting our facts, figures and numbers in," Egan said. "The second phase will be comparing and evaluating us with other departments and things of that nature and then the third phase will be the recommendations of what should and shouldn't be done."
Egan said the committee would like to keep the study closed and only let the final report, after the third phase is complete, out to the public.
"This is just partial," Egan said. "Why would we be giving out something not completed?" He said he does not know of any other fire department or organization that makes parts of studies public before they are complete.
Section 6254 a of the California Public Records Act, which covers all state and local agencies, including any board, commission or agency created by the agency--such as advisory boards--addresses drafts. Under the PRA, draft documents are "public records," and must be disclosed if they are retained by the agency in the ordinary course of business and if the public interest in disclosure is not clearly outweighed by the public interest in withholding the draft documents.
In this case, the committee would have to prove that the draft is just that, something that would most likely be thrown out. And even if the agency doesn't keep copies on file, the agency must also show a compelling public interest in nondisclosure.
In addition, if the draft report contains facts, as well as a preliminary staff recommendation, only the recommendation may be withheld. Factual matters must always be disclosed, under the PRA.
Since the committee was formed, the number of commissioners on the committee has been whittled down from three to one--Egan. At first, all three commissioners were named as members of the committee. Egan said there is no real reason for this. He said that the two other commissioners do not have copies of the report.
When a report goes to a majority of commissioners, it becomes a public record under the Brown Act and may not be withheld, according to Govt. Code §54957.5.
The union's lawyer, Christopher Platten, is planning on sending a letter to the commissioners asking that the reports be made public, according to Morrison.
Chris Carlson, DMG's project manager, said the study is now entering its second phase.
"There were some issues about the scope of the first draft and whether or not there were comparisons made that should have been included in a later phase," Carlson said.
Carlson does not know what the study's timeline will be. He said the project has taken a lot longer than the company had expected.
About a year ago, union firefighters announced they wished to contract with the county and when they threatened to not back a bond measure to pay for a new fire station, the commissioners agreed to hire a consultant to study the district.
In November 1999, the commissioners agreed to follow what the consultant recommends is the best, and most cost effective solution. The firefighters have questioned the district's decision to limit the firm to only studying the district, not the whole city.
The firefighters backed the bond, which passed in April 2000.
Saratoga, California Since 1955
