Running head: EVALUATING THE NEED FOR FORT WORTH FIRE DEPARTMENT

Transcription

1 Evaluating the need 1 Running head: EVALUATING THE NEED FOR FORT WORTH FIRE DEPARTMENT Evaluating the need for Fort Worth Fire Department participation in the Tarrant County Fire and Arson Investigation Task Force Raymond Hill Fort Worth Fire Department, Fort Worth, Texas

2 Evaluating the need 2 CERTIFICATION STATEMENT I hereby certify that this paper constitutes my own product, that where the language of others is set forth, quotation marks so indicate and the appropriate credit is given where I have used the language, ideas, expressions, or writings of another. Signed: Raymond Hill

3 Evaluating the need 3 Abstract The Fort Worth Fire Department Fire Investigation Unit (FIU) is responsible for investigating hundreds of fires in the city of Fort Worth each year. However, over the next several years, population growth and city expansion may contribute to an increase in the overall number of fires investigated. To keep pace with projected demand, the Fort Worth Fire Department FIU will need to explore new partnerships and agreements with outside agencies for fire investigation assistance. The problem identified was the Fort Worth Fire Department FIU had not formally assessed the need for a response agency membership in the Tarrant County Fire and Arson Investigation Task Force (TCFAI). A descriptive research method was used to determine if a task force response membership was a viable option for the FIU. An external survey found that many cities shared fire investigation resources through formal response agreements. However, survey respondents representing these agencies reported varying levels of satisfaction with their performance. Recommendations suggested by the research included FIU meetings with city legal and risk management officials to develop a formal response agreement between the FIU and the TCFAI. It was also recommended that TCFAI performance be measured and evaluated by each member agency to determine if the needs and expectations of participating communities have been met.

4 Evaluating the need 4 Table of Contents CERTIFICATION STATEMENT...2 ABSTRACT.3 TABLE OF CONTENTS.4 INTRODUCTION 5 BACKGROUND AND SIGNIFICANCE 7 LITERATURE REVIEW 12 PROCEDURES...17 RESULTS...25 DISCUSSION.38 RECOMMENDATIONS...46 REFERENCES...49 APPENDIX A--(EXTERNAL QUESTIONNAIRE).54 APPENDIX B--(PERSONAL COMMUNICATIONS).57

5 Evaluating the need 5 Introduction The crime of arson is not exclusive to local fire and police departments. It is a community problem that imposes economic hardships on citizens, businesses and local governments. These hardships may result in higher insurance premiums, lost business income, unemployment, and a reduced tax base for the affected community. More importantly, when an arson problem is identified, people fear for their personal safety as well as for the security of their property. To help protect citizens from the devastating consequences of fires, Fort Worth authorizes the fire department to promptly investigate the cause, origin, and circumstances of all fires that occur within the city. If the fire s cause is not readily identified, or involves loss of life, injury to persons or damage to property, the Fort Worth Fire Department Fire Investigation Unit (FIU) is responsible for determining the cause and origin (City of Fort Worth, 2009). The FIU is responsible for collecting and preserving evidence on possible arson fires in addition to interviewing witnesses and potential suspects. If the fire was intentionally set, the FIU prepares case files for submission to the District Attorney s office for prosecution (TriData, 2003) In Fort Worth, arson and undetermined fires have increased by 6% over the past five years (FWFD, 2013). Increases in arson fires, combined with personnel shortages and budget cuts, have adversely affected the investigative capabilities of the FIU. In many fire investigations units across the U.S., budget and personnel shortages have become a common occurrence. To help compensate for these shortages, many agencies share resources by participating in regional fire and arson investigation task forces. However, in Fort Worth, the FIU does not have a response agreement in place to assist the local fire investigations task force despite the

6 Evaluating the need 6 documented benefits of task force participation. The FIU is also not allowed to request investigative assistance from surrounding communities. The problem is the Fort Worth Fire Department FIU has not formally assessed the need to acquire a response agency membership in the Tarrant County Fire and Arson Investigation Task Force (TCFAI). Without formally assessing the need for arson task force membership, fire and arson investigations in Fort Worth could be negatively affected. Non-participation in the arson task force could result in understaffed and uncoordinated fire and arson investigations within the city limits. A possible increase in the number of arson fires, arson related injury, fatalities and property loss could also occur. The purpose of this research is to determine if the Fort Worth Fire Department FIU should acquire response agency membership in the Tarrant County Fire and Arson Investigations Task Force (TCFAI). The results of this study will be presented to Fort Worth Fire Department Executive Staff and selected city officials for formal assessment and review. A descriptive research methodology will examine the benefits and disadvantages of a response agency membership in the TCFAI. Research will be conducted by personal communication and interviews of fire and arson investigators around the nation. An arson task force survey will be distributed to local, state and national fire investigation agencies. The fire investigations policies and procedures of TCFAI member cities will be examined. A literature review will be performed to examine the perceived effectiveness of fire and arson investigation task forces. Local, state and national fire investigations procedures, training methods and best practices will also be examined.

7 Evaluating the need 7 This applied research project will attempt to answer the following questions: 1. What are the most important elements of an effective fire and arson investigation task force? 2. How effective are arson task forces that serve populations similar to Ft. Worth s? 3. How do Fort Worth Fire Department FIU investigation capabilities compare to those of the Tarrant County Fire and Arson Investigation Task Force? 4. What legal and financial impacts should the Fort Worth Fire Department FIU consider if a response membership within the TCFAI is approved? Background and Significance Fort Worth, Texas is the 10 th fastest growing city in the United States and is the nations 9 th safest city among those with populations of over 200,000. It is the 16 th largest city in the U.S. The city s estimated population is 777,992 and it covers an area of 345 square miles (United States Census Bureau, 2012). The Fort Worth city limits extend into the surrounding counties of Denton, Wise, Johnson and Parker Counties. The city is the county seat of Tarrant County and is the second largest in the Dallas/Fort Worth/Arlington Metropolitan Area (DFW). The total population of the DFW metropolitan area is 6,700,991. (NCTCOG Fact Sheet, n.d.). The Fort Worth Fire Department was established as a volunteer department in 1873 and began providing professional service to the citizens of Fort Worth in Specialized rescue services provided by the department include Emergency Medical Service, Aircraft Rescue Firefighting, Hazardous Material Response, Technical and High Angle Rescue, Under Water Dive Rescue and Recovery and the Fire Investigations Arson & Bomb Squad (FIU). The

8 Evaluating the need 8 department employs 904 sworn civil service personnel and had an operating budget of 112 million dollars in fiscal year The department has 44 fire stations and personnel responded to over 88,000 incidents in 2013 (FWFD, 2014). The Fort Worth Fire Investigation Unit was established in 1884 by City Ordinance XXXVI Article 3, Section (FWFD, 2010). Originally known as the Fire Police, investigators were appointed by the Fort Worth Police Department to: Attend at all fires, and under the orders of their officers to preserve the peace and protect property, to prevent robbery and crime, to prevent interference or meddling, if necessary, of persons not belonging to the premises or interested therein, and not belonging to the regular police or fire department. They shall be vested with authority and power to arrest persons charged with committing crime at fires generally, to do all that may be deemed necessary for the protection and safety of persons and of property at fires. They shall also have the power and authority to prevent incendiaries and to arrest parties committing or charged with committing the same. The Fire Investigation Unit consists of fourteen full-time members who are responsible for fire cause and origin investigations and criminal investigation of all incendiary fires that occur in the city. Criminal investigation of incendiary fires includes interview and interrogation of witnesses and the apprehension and arrest of potential suspects. Fire investigation personnel have collateral duties as FBI Certified Bomb Technicians. As Bomb Technicians, personnel are responsible for rendering-safe explosive devices, the retrieval and destruction of unwanted explosives. Bomb Technicians are responsible for operating and maintaining various types of equipment used in the arson and bomb disposal unit (FWFD, 2010). Whether called the Fire Police or the Fire Investigations Unit, the mission of the FIU has

9 Evaluating the need 9 remained focused on the competent, professional investigation of fires for the past 120 years. Arson and intentionally set fires continue to present significant problems for Fort Worth and for many cities across the nation. National Fire Protection Association (NFPA) statistics indicate there were an estimated 282,600 intentional fires reported to U.S. fire departments each year during The associated annual losses of these fires included 420 civilian deaths, 1,360 civilian injuries, and $1.3 billion in direct property damage (NFPA, 2014). However, a recent study suggests these figures may not truly represent the nation s fire problem (Hargrove, 2013). Texas Department of Insurance (2013) statistics indicate there were 6601 intentionally set fires in Texas in These fires accounted for 11 civilian deaths, 49 civilian injuries and $39,532,307 in direct property damage in the state. Fort Worth Fire Department statistics have shown a gradual increase in the number of intentionally set fires. From 2008 until 2013, the number of arson, intentionally set fires and fires of unknown origin increased by 8%. Complex fires, along with fires where a cause could not be determined, increased by 6% during the same period. The Fort Worth Fire Department FIU defines complex fires as those which result in injury, fatality, high dollar loss in excess of $50,000 dollars and/or fire incidents with increased media attention. The number of complex fires increased by 6 % from 2012 to 2013, while the number of undetermined fires increased by 16% during this period (FWFD, 2014). Undetermined fires are a category in which the investigator cannot prove with an acceptable level of certainty what caused the fire (NFPA, 2011). As the number of arsons and intentionally set fires has grown, the number of fire

10 Evaluating the need 10 investigators assigned to the FIU has remained unchanged. Since 2008, nine fire investigators have retired or transferred from the FIU. Retirements and transfers have combined to significantly reduced the experience level within the unit. Investigative experience has decreased from an average of nine years in 2008 to an average of three years of experience in An increase in the number of fires and reduced investigator experience levels could eventually prompt the FIU to request outside agency assistance with complex fire investigations. Investigation assistance can be obtained from the Texas State Fire Marshal s office or the Dallas Division of Bureau of Alcohol, Tobacco and Firearms (BATF). However, fire investigation assistance from these agencies is limited by the number of requests for assistance and the availability of personnel. In 2011, the Fort Worth Fire Department had ten mutual and automatic aid response agreements with surrounding communities. Contractually, the agreements provided fire apparatus and personnel for fire suppression operations only. None of the agreements included provisions for fire and arson investigation assistance (FWFD, 2011). The NFPA recognizes that many communities lack the funding, personnel and resources to conduct effective fire investigations. The NFPA (2013) said the most effective way for fire departments to address organizational and operational shortages in fire investigations is through participation in multijurisdictional task forces. Rhodes, Dyous, & Chapman (2009) said that all public safety organizations must provide evidence that the public s resources are being deployed as promised and produce benefits commensurate with their costs. Multijurisdictional task forces are an effective way to achieve this goal. This applied research project relates to the National Fire Academy s Executive

11 Evaluating the need 11 Leadership student manual Unit 3: Thinking Systemically. Specifically, Unit 3 focuses on using systemic thinking and processes as a diagnostic component for addressing fire service challenges (USFA, 2011). The Fort Worth Fire Department must systemically examine the cause and the eventual effects of decreased experience levels and resources within its fire investigations unit. Ineffective and understaffed fire investigations can potentially increase the frequency and severity of arson and complex fires within the city. An increase in the number of fires also increases the possibility for large loss fires and the accompanying firefighter and civilian injuries and fatalities. This project is supported by the United States Fire Administration s (USFA) Strategic goal # 1. The USFA s goal seeks to reduce risk at the local level through prevention and mitigation (USFA, 2010). The FIU s participation in a regional fire investigation task force could help to improve the city s preparedness and response to arson and complex fire investigations. Effective investigations can serve as a deterrent for potential arsonist, therefore saving lives and property. It has been proven that discovery and categorization of arson fires improves in areas where routine fire investigations are conducted (North, 2005). The general mission of the Executive Fire Officer Program (EFO) is also supported by this project. This research supports the general mission by providing Fort Worth public safety managers a better understanding of the benefits of becoming proactive, instead of reactive, to the changing policies, standards and best practices of effective fire and arson investigations (USFA, 2010).

12 Evaluating the need 12 Literature Review The intent of this literature review is to examine published information that is relevant to this applied research project topic. The review analyzed subject matter documents, textbooks, internet articles, journals and other applied research projects for relevancy. A common theme identified in the literature was the collaborative efforts of multijurisdictional teams. It was found that multi-jurisdictional teams achieved successful outcomes when established industry standards and guidelines were followed. In the fire and arson investigations field, successful outcomes are usually considered accurate fire cause and origin determinations, a reduced number of arson fires and the successful prosecution of criminals when incendiary fires were are determined to arson (NFPA, 2012). Carter & Rausch (2007) said the arson related challenges of metropolitan areas throughout the U.S. have been well-publicized, although many large cities do not necessarily have a severe arson problem. Fires in metropolitan areas present challenges which are quite different from the problems of smaller cities and towns. If an arson problem is identified in an urban area with several neighboring communities, organization and implementation of a fire investigation and arson task force can represent major management challenge for all participating entities. Additional challenges encountered by multi-jurisdictional task forces may include local or regional political differences and operational working relationships. Task force agencies also need to examine whether or not adequate and comparable investigative skills will be found among all of the participating agencies (FEMA, 1989). Sylves (2008) said questions concerning politics, personalities and competency levels among different agencies should be addressed by using established best practices. The best

13 Evaluating the need 13 practices approach produces knowledge by observing or recounting field experience and then creating applicable principles and guidelines. This also referred to as practice as the basis of scholarship. A national standard exists in the fire investigations field which provides a foundation for best practices. This standard should be followed by public safety and private sector agencies that are responsible for determining the origin and cause of fires. The Guide for Fire and Explosion Investigations (2011), also known as NFPA 921, is the industry and best practices standard designed to be used by all fire and arson investigators. The standard is used in field investigations, training, and court proceedings. It is used as a model for the advancement and practice of fire investigations, fire science, technology and methodology. Although NFPA 921 is not a comprehensive scientific or engineering text, it is intended to produce a working guideline for effective fire investigations. The potential complexity of fire investigations makes it important to use a team concept during investigations whenever possible. A team concept provides for a level of safety and security and allows investigators to delegate functions to individuals who are best qualified to perform them and thus ensure a professional and thorough investigation. Complex investigations may also require collaboration with experts from government agencies, professional societies, trade groups, consulting firms or colleges and universities (NFPA 2012). Miller and Clausing (2010) said that using a team concept will help ensure that each of the six basic functions of an investigation will be performed. The basic functions include leadership and coordination, safety assessment, photography, interviewing witnesses, searching the scene and evidence collection and preservation. For agencies with limited personnel and resources, effectively performing these functions for more complex arson and incendiary fires may present a challenge, so using a team approach among individual investigators or

14 Evaluating the need 14 participating agencies is imperative. Similar to the task performed in fire and arson investigations, the tasks performed in the health care profession require personnel to possess a variety of knowledge, skills and abilities. Accordingly, healthcare organizations frequently rely on multidisciplinary teams and allied health task forces to provide effective patient care. The adoption of multidisciplinary teams is, however, not only seen as a task- driven necessity, but is also used as a strategy to increase team performance (Fay et al, 2006). This concept can be adopted to drive performance improvements in the fire and arson investigations industry as well. Attacking the Violent Crime of Arson (2004) said that in 1980, the USFA promoted the concept of arson task forces as a method to address a growing arson problem. Regional workshops were held nationwide which included mayors, fire chiefs, police chiefs, prosecutors and insurance industry representatives. During these conferences, the USFA proposed the development of community-wide task forces that could aggressively confront arson and develop strategies to address an emerging juvenile fire setting problem. The USFA had anticipated showcasing some of the more successful task forces and distributing a best practices document by the end of the 1980 s. However, illegal drug enforcement and its myriad of crimes forced cities to devote time, experienced law enforcement personnel and other resources to cover drug related crimes. As a result, many fire-police arson task forces were dissolved by the early 1990 s. In the mid-1990 s, the USFA technical assistance program once again focused on providing help to states, cities and counties with arson related issues. The USFA assisted these organizations with finding ways to maintain essential expertise for fighting arson, while also dealing with the realities of reduced budgets and a rise in other crimes that negatively affected the composition and functioning of fire investigation units (USFA, 2004).

15 Evaluating the need 15 Joint Fire/Police Teams and Arson Task Forces (USFA, 2011) said the most effective arson prevention and control strategies have been based on using a team or task force approach to leverage the resources of the fire service, law enforcement, the insurance industry, and the community. There are several important steps that organizations should follow in establishing and maintaining fire investigation task forces. To successfully investigate, solve, and prosecute arson cases, investigation teams should use the following process: 1. Identify problems 2. Confer with counterparts 3. Seek Prosecutor s advice and support 4. Develop Justification 5. Design organizational structure a. Identify participating agencies b. Identify external resources 6. Evaluate expense requirements 7. Obtain agency endorsements 8. Seek Policy-Makers authorization 9. Complete organizational arrangements Successful fire and arson investigation outcomes are also being affected by the increased scrutiny being placed on scientific fire origin and cause conclusions. Fire investigator s conclusions are being increasingly challenged by defense attorneys and the courts. As a consequence, investigators will need to rely on the assistance of outside technical specialists such as fire protection engineers, fire scientists, electrical engineers and other experts to support their

16 Evaluating the need 16 cases and withstand the rigors of cross-examination (USFA, 2011). A View of Management in Fire Investigation Units said that intra-departmental cooperation among agencies for fire investigations was a positive feature that was found nationally. However, when fire investigation units did not coordinate with outside agencies, their investigations suffered noticeably. The study found there were serious negative impacts on the quality and quantity of investigations. Investigators typically felt unsupported in their efforts to investigate and pursue arson cases. The study concluded that successful case outcomes were dependent on the level of cooperation between fire, law enforcement, mutual aid, the local prosecutor and the insurance industry (USFA, 1992). According to the Mutual aid and Interlocal Agreement Handbook (2009), response agreements provide the legal foundation for successful task forces. However, there were two important points that apply to all legal agreements among response agencies: common sense and implied responsibility. Common Sense is the most important rule for interpreting legal response agreements. The rules of interpretation are intended to reflect this. The words and acts of the jurisdictions are interpreted in light of the meaning that the words or acts agreed upon would have conveyed to reasonable person participation in the drafting or creation of the agreement. The intent of the jurisdictions is established by examining how the jurisdictions expressed themselves through their words, actions, or inactions. Common sense should determine if agreements among agencies should be renewed or terminated (Washington Military Emergency Management, 2009). The second point is to agree on what is implied, but not stated, in the agreement. Though not written in the agreement documents, there are many other terms of an agreement that are implied by law. It is implied in every agreement that the jurisdictions are dealing with each other

17 Evaluating the need 17 in good faith and cooperation. It is implicit that the jurisdictions are in agreement and will do nothing contrary to the goals of the agreement. Some implied terms can be changed if the jurisdictions so indicate in the agreement document. The jurisdictions cannot alter federal or state safety standards for workers unless they make the standards higher than the highest standard imposed by federal or state law (Washington Military Emergency Management, 2009). PROCEDURES The purpose of this applied research is to determine if the Fort Worth Fire Department Fire Investigations Unit should acquire response agency membership in the Tarrant County Fire and Arson Investigations Task Force (TCFAI). A descriptive research method was used examine the needs, capabilities, benefits and disadvantages of Fort Worth Fire Department FIU response agency membership in the Tarrant County Fire and Arson Investigation Task Force. Standard research procedures were used to collect information for this project. Research efforts included reviewing books, journal reports, magazine articles, and internet sources. The literature review for this project began at the National Fire Academy Learning Resource Center (LRC) in September, Literature resources were also obtained from The FWFD Training Library and the Fort Worth Public Library s Downtown and Eastside Branches. Specific job titles and responsibilities for Fort Worth Fire Investigators and Tarrant County Fire Marshals were obtained from documents located at the Fort Worth Public Safety Headquarters located at 1000 Throckmorton St. in Fort Worth, Texas and at the Tarrant County Fire Marshal s office located at 2750 Premier St in Fort Worth. A literature search was also performed using Google Scholar, Bing, and Yahoo and MSN search engines. Internet searches yielded information from the National Fire Academy and the

18 Evaluating the need 18 Federal Emergency Management Agency, in addition to various fire and arson investigation websites and related journals. Information collected from these sources was used to help answer the research questions. Personal communication was made with current and retired Fort Worth Fire Investigation Unit personnel to obtain information about recent and past FIU standards and practices. The Tarrant County Fire and Arson Investigation Task Force Coordinator was contacted along with several current members of the organization. A 15 question external on-line survey was sent to fire and arson investigation agencies across the United States to gather information and opinions about the current state of their organizations. The on-line surveys were sent to member agencies listed on the International Association of Arson Investigators (IAAI) website. A total of 75 surveys were distributed to IAAI members. Twenty-five surveys were returned completed. Fifty surveys were sent to students in the Executive Fire Officer Program to be forwarded to the appropriate sections and divisions within their departments. Sixteen of these surveys were returned completed. The total return rate for surveys used for this project was 29%. Phase One: Literature Review. The on-line catalog at the National Fire Academy s Learning Resource Center was used to search for the following: fire investigations, fire investigator, fire investigations task force, arson, arson investigator, arson task force, intentionally set fires, arson fires, and cost of arson fire. The search yielded Executive Fire Officer Applied Research Projects and related journal and magazine articles. Internet searches were conducted using the same terms that were used in the on-line catalog search. The author searched facility-based and on-line card catalogs of the Fort Worth Public Library and the Tarrant County College Fire Science Library. The Fort Worth Fire Department Training Academy

19 Evaluating the need 19 Library was also used to search for literature related to fire and arson investigations. Job descriptions were obtained from the Fort Worth Public Safety Administration Headquarters and the Tarrant County Fire Marshal s office. Phase Two: The author attended the monthly meetings of the Tarrant County Fire and Arson Investigator Task Force from November 2013 to March Personal communications were conducted with the Tarrant County Fire Marshal during these meetings. His duties and responsibilities as the TCFAI Coordinator were discussed. Questions were also asked regarding his views on the effectiveness of the TCFAI and what areas he would like to see the organization improve. Fort Worth Fire Department Deputy Chief Bobby Tatum was interviewed on January 20, Chief Tatum served as the Fire Investigation Unit Arson and Bomb Squad Commander from September 2006 to July As Unit Commander, Chief Tatum was responsible for management and oversight of all personnel, staffing, and facilities within the FIU. He also managed the operating budget, developed business plans and maintained statistical data for FIU performance. Additionally, Chief Tatum served as the department s representative for interpreting and enforcing city fire code requirements as they related to fire investigations, explosives and fireworks regulations. Chief Tatum served as the department liaison to the FBI, ATF and various law enforcement agencies including the TCFAI. He is a 28-year veteran of the Fort Worth Fire Department and is a licensed peace officer, state certified arson investigator and an FBI Certified Bomb Technician. Retired Fort Worth Fire Department Captain Gary Rhodes was interviewed on January 21, Captain Rhodes served an FIU Lieutenant from Upon his promotion to Captain, he remained in the FIU as the Unit Manager from As Unit Manager, he was

20 Evaluating the need 20 responsible for managing the day-to-day operations of the FIU. This included managing the daily activities of the twelve assigned arson investigator/bomb technicians. As unit manager, he was also assigned as the training coordinator, arson and fire investigation case manager and the designated liaison to the Tarrant County District Attorney s office. Captain Rhodes served for thirty-three years on the department and held certifications as an arson investigator, peace officer, bomb technician, and was a licensed pyro-technician in the state of Texas. The author communicated with Tarrant County Fire Marshal Randy Renois during several meetings of the TCFAI. As the Tarrant County Fire Marshal, Renois supervises three deputy fire marshals who are certified are fire/arson and post blast investigators as well as state certified inspectors. Tarrant County Fire Marshal responsibilities include fire safety inspections of public buildings and commercial businesses, retail fireworks stand inspections, outdoor burning regulation and enforcement, and the coordination of fire and emergency medical service response for unincorporated areas of Tarrant County. Mr. Renois has served as the Tarrant County Fire Marshal since He is a licensed peace officer, arson investigator and fire inspector. As County Fire Marshal, he has collateral duties as the TCFAI Coordinator and has served in this position for six years. Phase Three: A 15-question Arson Investigations Task Force survey was created on the Adobe Forms Central Website on January 11, Respondents were invited to complete the survey via an request and were given sixty days for completion and return. The survey population was identified by the author and the survey was distributed via to 75 fire investigators who were identified as members of the International Association of Arson Investigators on the IAAI website. Twenty-five agency representatives returned the survey. An additional 50 survey requests were sent to Executive Fire Officer students for completion or