City Council addresses Fire Department Mandatory Firefighter Agility Test
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
The Eagle Pass City Council heard a status report by Eagle Pass City Manager Gloria Barrientos and Eagle Pass Fire Chief Manuel Mello regarding a Fire Department Employees concern about the mandatory physical agility test first raised at a meeting held on November 4, 2014.
During the citizen’s communication portion of the November 4, 2014 meeting, Eagle Pass Fire Department EMT Ruben Villarreal spoke to City Council and requested that the city waive the Eagle Pas Fire Department’s mandatory agility test due to the high risks of injury to local Firemen and EMTS.
Villarreal pointed out that he has been a Firefighter/EMT for the past 24 years with the Eagle Pass Fire Department and that he sustained an injury to one of his knees while performing the Eagle Pass Firefighter Mandatory Agility Test.
Villarreal told City Council that the knee injury to his left knee while performing the monthly mandatory agility test suffered a muscle tear and that he received a letter from his medical doctor opining that the time frame required by the monthly mandatory agility test is unrealistic.
Villarreal advised City Council that other firefighters have also suffered injuries while performing the monthly mandatory agility test.
Villarreal told City Council that he would be submitting a written petition signed by current and former Eagle Pass Firefighters requesting the City of Eagle Pass remove or rescind the Eagle Pass Firefighter Mandatory Agility Test due to its high risk of injuries and unrealistic time frame in which to complete it.
“The test bases itself on 6 events within a 5 minute time frame, unrealistic really,” said Villarreal. He added that the monthly mandatory agility test determines which Firefighters get to keep their jobs or are terminated.
Villarreal requested City Council to strongly consider removing or eliminating the monthly mandatory agility test from the Eagle Pass Fire Department requirements so as to prevent future injuries to local Firefighters.
Mayor Ramsey English Cantu thanked Villarreal for his comments and assured that the City Council would be looking into the concerns raised by the Fire Department.
During the course of the January 20, 2015 meeting, Councilwoman Gloria Hernandez requested that City Council be given an update or status report concerning the Firefighter mandatory physical agility test raised at their November 14, 2014 meeting by Villarreal.
Eagle Pass Fire Chief Manuel Mello stated that the agility test in question has remained the same and that it has been proven that the time is reasonable as it has been passed time and time again by Firefighters.
“ As a matter of fact 95% of the persons who take it pass it. We have not made any changes to it,” said Fire Chief Mello.
Fire Chief Mello advised City Council that the average time that those Firefighters who have passed the agility test falls under 4 minutes.
Hernandez then stated that her concerns were if the actual complaints had been addressed having to do with possible injuries and other issues not just the time allowable from the test.
Mayor Ramsey English Cantu also raised questions as to if administration had met with those individuals to address some of their concerns.
City Manager Gloria Barrientos stated that she had previously met with the employee who had addressed the concerns and that she had also met with the legal department in regards to the agility testing concern and if it in any way could be modified.
“However, it seemed that the major concern was what happens when they get hurt or to an age where they can’t pass the test,” said Barrientos.
Barrientos stated that they have not fully discussed all the issues, but that they have been contemplating different ideas such as if a Firefighter does not meet the agility test requirement, that they may still be eligible for EMT. “Is there something we can do so they don’t lose their jobs?” queried Barrientos.
Barrientos stated that it was something that needed to be discussed with the legal department to assess how it can be done fairly.
Councilwoman Hernandez then asked who had created the policy in place as far as the agility testing.
Mello answered that former Fire Chief Jesus Rodriguez had created the policy but had been done so in a very constructive manner with plenty of study and research before implementing it. “The state does require us to have a physical training program and to perform in our firefighting duties we need to have some type of threshold,” said Fire Chief Mello.
Mello stated that the same agility test has been in place for years under the same time requirement. “To my understanding that has been the standard for several years in different academies, ” said Mello.
Mello explained that it is performed at the entry level but that it is important to perform it on a yearly basis to assure that Firefighters are physically fit to perform the job.
Mello stated that it was for the betterment of the community and for the firefighters themselves to have them physically fit and prepared for what may happen in answering a call in the field.
Mello addressed the concern as to what happens if a firefighter is injured and has a certain amount of years on the job.
“I’ve been doing some research and one of the ideas is to create a permanent EMT position which does not require for the agility test to be performed every year. That position would be for firefighters who can no longer perform their duties as firefighters but have a certain amount of years to reach their retirement point,” said Fire Chief Mello.
Mayor Cantu stated that he was glad that something of that nature was being looked at and gave an example of such a situation where a firefighter was relieved of his position because of those factors.
“I think that if this issue is on policy, we might need to revisit that and see how we can properly address any concerns that the council might have as well as visit with our firefighters to make sure that their concerns are addressed. The last thing I want to have is that any employee feel that their concerns are not being taken into consideration at least from this government body,” said Mayor Cantu.
Fire Chief Mello noted that there is modified duty for injured firefighters.
Councilman Rudy Villalpando asked if anyone had been terminated due to the factors involved.
Barrientos stated that no one has been terminated due to the issue but that one person had chosen to retire.
“Up until now no one has been terminated because of the agility test,” said Mello.
Hernandez raised the issue that the concern was on injuries and not if the agility test had caused unemployment.
City Council then asked for the issues to be looked at again and be brought back to city council to be revisited.
