CITY HAS STRUGGLED WITH OT PROBLEM FOR YEARS
                        
                        
                        
                          Article Launched: 02/03/2007 02:14:19 AM PST
                        
                        
                           
                          Four San Jose fire battalion chiefs made more than
                          $200,000 last year - more than the acting fire chief
                          and even more than the city manager, San Jose's
                          top-ranking employee.
                          
And mid-level fire department officials dominate a
                          newly released list of the city's 100 top-paid workers
                          when overtime and other compensation are factored in -
                          even though only a handful of fire officials crack the
                          top 100 when ranked by salary alone.
                          
One firefighter took home more than twice the top
                          base pay for that position.
                          
The situation illustrates the dramatic effect of
                          costly overtime in the city's fire department -
                          something San Jose officials have been wrestling with
                          for years. But firefighters aren't the only ones
                          beefing up their paychecks; one San Jose police
                          officer, for instance, took home just over $175,000
                          last calendar year.
                          
Just who those employees are, and exactly how much
                          overtime they received, is tough to determine. San
                          Jose officials refused to identify any of the 100
                          top-paid city employees by The Mercury News in 2005
                          sued San Jose over its refusal to disclose salary
                          information by name. That lawsuit is on hold while a
                          similar case is pending before the state Supreme
                          Court.
                          
At the newspaper's request, San Jose this week
                          released lists of the 100 city employees ranked both
                          by base salary and total compensation in 2006. For
                          some positions, identifying those employees is easy;
                          there are only one city manager, redevelopment manager
                          and
                          
                          police chief.
                          
But the city's policy makes it impossible to know,
                          for example, which officer among the police
                          department's more than 1,300 sworn personnel took home
                          that $175,369 salary last year, even though the
                          maximum base salary for an officer is $86,000.
                          
Police overtime
                          kept in check
                          
Police Chief Rob Davis said he didn't know who the
                          officer was or why the pay was so high, but he
                          speculated it was probably a busy homicide detective.
                          Davis, whose base salary is $207,000 and who earned a
                          total of $227,000 last year, said the low number of
                          non-management police officers in the city's figures
                          show his department has done a good job of keeping
                          overtime costs in check.
                          
Last year's 100 highest-paid employees included one
                          police lieutenant, five police captains and one police
                          officer.
                          
By contrast, all 18 of the fire department's
                          battalion chiefs, who each oversee a group of half a
                          dozen stations in a geographic area, were among the
                          city's 100 top-paid last year, though their base
                          salaries of up to $129,000 don't crack the top 100.
                          
Ten fire captains, in charge of individual engine
                          crews, also were among last year's highest paid, even
                          though their base salaries range only up to $103,000.
                          
There also was a firefighter who earned $163,000
                          last year, not bad for a position where the base pay
                          tops out at $80,000.
                          
"It's definitely a concern," said Acting
                          Fire Chief Darryl Von Raesfeld. Aside from the
                          financial cost, overtime puts a burden on workers, he
                          said.
                          
Hire more
                          employees?
                          
The city's quandary, Von Raesfeld and others said,
                          is whether it's more cost-effective to spend that
                          extra money to hire more workers instead of paying
                          overtime. Of course, new employees also require
                          expensive benefits and may not be needed when fire
                          activity is slow.
                          
Randy Sekany, president of the San Jose
                          Firefighters union, said the new figures show the city
                          doesn't have enough firefighters to do the job and has
                          among the leanest fire department staffs of any major
                          city in the country.
                          
"The workloads are out there, and they choose
                          to fill them with fewer people," he said. "I
                          understand that you don't want to be so fat in
                          personnel that you're wasting public dollars, but give
                          me a break. If they hired a lot of people such that
                          there's no overtime, I'm fine with that."
                          
San Jose is hardly the only city where overtime pay
                          puts firefighters among the top earners. In Oakland,
                          for example, seven of the city's 10 highest earners
                          last year were in the fire department. That city's
                          highest-paid employee was a fire investigator whose
                          $266,000 total pay included $159,000 in overtime,
                          according to city figures that, unlike San Jose's,
                          break out data by name and clearly spell out how much
                          overtime workers earn.
                          
Peter Scheer, executive director of the California
                          First Amendment Coalition, said San Jose's policy
                          gives the public no means to determine whether the
                          overtime problem is due to poor staffing or to people
                          gaming the system to boost their pensions.
                          
"Without the names, you can't really
                          tell," Scheer said.
                          
Fire department overtime has been a concern in San
                          Jose since the early 1990s. In 2001, after fire
                          department overtime costs peaked at $9.6 million, a
                          city auditor's report attributed the problem largely
                          to staffing levels and difficulties in estimating
                          vacancies and absences to avoid overtime. A
                          specialized computer program designed to track
                          staffing levels and vacancies has helped the
                          department do a better job of estimating its overtime
                          needs.
                          
Costs haven't
                          decreased
                          
But Vice Mayor Dave Cortese, who last year served
                          on a council committee overseeing the department's
                          progress in dealing with overtime, said that while the
                          computer program has made overtime budgeting more
                          predictable, the costs haven't decreased.
                          
"It's still been creeping up," Cortese
                          said. "We never have reversed it or stopped
                          it."
                          
While lack of manpower also has been a problem in
                          the police department, overtime costs there have
                          remained manageable. Davis noted that unlike
                          firefighters, police officers are limited to three
                          hours of overtime each two-week pay period, after
                          which they can be compensated only with time off. That
                          policy has kept overtime costs down but contributed to
                          staffing shortages. In December, Davis told the
                          council he needs 600 more officers and support staff
                          over the next five years - a 35 percent increase in
                          sworn officers.
                          
Von Raesfeld - who earned a salary of $169,832 last
                          year and total compensation of just under $207,000 -
                          said his department has struggled to reach the right
                          level of staffing as the city wrestles with budget
                          deficits. The city just graduated 29 new firefighters
                          in December, has another 29 in academy training and
                          expects another academy to start in May, Von Raesfeld
                          said.
                          
But the department also expects a rush of
                          retirements after the firefighters' next labor
                          contract is settled through arbitration, he said.
                          
The chief's goal is to reduce overtime without
                          adding more employees than needed.
                          
"Even if it's cost-neutral to hire or have
                          overtime, OT does put a burden on people," Von
                          Raesfeld said. "I'd rather have the people on
                          board making straight salary than overtime."