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

21 Evaluating the need 21 submission to the appropriate personnel within their organization. Sixteen of these surveys were returned. The on-line survey method of gathering information was used to receive timely and accurate survey responses while also providing a confidential and convenient method to return the survey. All survey responses received were divided into two categories: size of municipality served and whether the agency participated in an arson or fire investigations task force. The first three questions on the survey gathered basic demographical information of the respondent s organization and general information regarding fire investigations in their area. Questions 4 through 10 asked respondents to provide specific information about providing or receiving fire and arson investigation assistance from other agencies. Questions 11 asked respondents to rate the current effectiveness of fire and arson investigations within their area or jurisdiction. Questions 12, 13 and 14 asked the respondent about critical organizational issues, staffing and training requirements for investigators employed by their agency. The final question on the survey asked respondents to provide additional comments and information about their agency or task force. This question provided the most detailed responses of the survey. Eightyfive percent (30 of 36) of the survey respondents provided additional information in the comments section of the survey. Many respondents provided personal contact information and made themselves available for additional communication and discussion. Assumptions and Limitations: It was assumed that fire investigation agencies used specific definitions to describe an arson task force or arson strike team. However, these terms were used interchangeably by survey respondents. The United States Fire Administration defines an arson strike force as a special purpose, short-term mobilization of investigators with allied resources that provide high intensity investigative efforts to major investigations. The USFA designates an arson task force as a policy-making body and management system designed for the

22 Evaluating the need 22 purpose of developing and implementing strategies to control and prevent arson within a jurisdiction. For the purposes of this applied research project, respondents were allowed to use the terms interchangeably to describe their organizations. Another assumption made by the author was the limited use of the term complex fires by other organizations. While the term was explained in the survey, many respondents commented that they did not use the term or categorized serious fires using other terms. In Fort Worth, complex fires are fires which result in severe burn injuries, fatalities and/or arsons with a high dollar loss of over $50,000 dollars or those with high media interest. Questions on the survey were designed to receive feedback about the respondent s interaction and satisfaction with their local fire and arson task force. The author found that many areas provided and received fire investigation assistance based on mutual aid and interlocal agreements. Task force membership was not as prevalent as the author had assumed. The author should have broadened the research to include whether survey respondents viewed their fire investigations mutual aid or interlocal agreements as effective or satisfactory. The author was unable to conduct an interview with personnel representing the city of Fort Worth s legal department. Assumptions about the views of task force response membership were obtained from former FIU fire investigators. The investigators had based their knowledge on past interaction with city legal and risk management departments. Direct communication with city risk management and legal department personnel could have enhanced this project and given the author a broader view of the city s concerns pertaining to a TCFAI response membership. The research was limited by the number of external surveys that were returned. A total of 125 surveys were distributed and 36 surveys were completed and returned. The surveys were

23 Evaluating the need 23 distributed with the intention of giving respondents at least 60 days to conduct research and return the survey. Many EFO students who were surveyed had limited knowledge of fire and arson investigation. The author made the assumption that when EFO students were not the fire investigation subject matter experts for their department, forwarding the survey to the appropriate individuals caused delays and a reduction in the number of responses. Many surveys took longer to return because of problems with the Adobe Forms Central website link provided by the author. The author created a duplicate survey using an Adobe PDF document that was distributed to survey respondents who had trouble accessing the website. Duplicate surveys were submitted by three departments. It was also assumed the number of participants in the survey was limited because of the highly specialized nature of fire and arson investigations. It is assumed that all fire departments deploy suppression units, and many have fire prevention specialist, but only larger departments employ arson investigators. Many small and medium-sized departments rely on state or county fire marshals for arson investigation or share law enforcement aspects with the local police department. Additionally, many fire department executive level managers and chief officers have limited fire and arson investigation knowledge and experience. Of the 904 sworn personnel in the Fort Worth Fire Department, only 14 are currently assigned to the FIU. There are only 25 personnel working in the department with fire and arson investigation experience. The specialization of the fire and arson investigations has resulted in a general lack of fire investigation knowledge among fire service personnel. The limited number of survey responses also limited the number of subject matter expert opinions available to use in the research. In the context of this project, an expert is defined as someone who has knowledge, training and or

24 Evaluating the need 24 experience in the field. The relatively low number of returned surveys places limits on how the data presented in this paper should be interpreted. The lack of available literature concerning the capabilities of arson task forces was also a limiting factor. As previously stated, many agencies did not differentiate between arson strike teams and arson task forces. However, all surveyed agencies used NFPA 1033 and NFPA 921 as reference documents for investigator training and procedures. Neither of these standards referenced the arson task force or arson strike team concepts. There were numerous trade journals and websites dedicated to fire and arson investigations, but none dealt exclusively with task force and strike team operations or organizations. Definition of terms: Curriculum vitae- document which provides an overview of a person's experience and other qualifications. Fire Investigation- the process of determining the origin, cause and development of a fire or explosion. Once it has been determined that a fire has been intentionally set, the fire scene becomes a crime scene and the criminal charge of arson is pursued. In the state of Texas, only a state certified arson investigator, who must also be a licensed peace officer, can legally investigate an arson fire. Prosecute- courtroom proceedings which include the presentation of evidence and witness testimony to prove the guilt of an individual to a magistrate or jury.

25 Evaluating the need 25 Results According arson task force survey respondents, the most important elements of an effective fire investigation and arson task force include: 1. Support from senior public safety officials, city administration and the local prosecutor. 2. Formal response agreements among task force member cities. 3. The training and certification levels of task force fire investigators. Surveyed agencies said support from administration and city officials was one of the keys to a successful fire investigation operation. Eighty percent of the agencies indicated a lack of support in these areas. A lack of support was described by respondents in the comments section of the survey. In general, respondents defined the lack of support by city and public safety officials as inadequate staffing, inconsistent policies and procedures and shortage equipment and resources. One survey respondent said Our biggest hurdle is the lack of importance that some chiefs and city officials place on fire investigation. This attitude is displayed by the city council when it comes to providing us with manpower and resources. Our city s perceived lack of commitment to supporting quality fire investigations has resulted in the state fire marshal s office rarely cooperating with us. They seldom provide assistance when asked. An effective arson task force requires public safety administrators, mayors and city councils to provide their full support to jurisdictional agencies as well as assisting agencies. Without strong, positive leadership in public safety and city government, an arson task force will be perceived as only a symbolic organization. Effective task force operations require all policy makers to recognize and accept the need for positive action and active support (Carter & Rausch, 2007).

26 Evaluating the need 26 A positive working relationship between local fire investigators and the district attorney s office is also essential. Twenty of the 36 survey respondents listed support from the local prosecutor as a vital to the success of their investigative teams. Because arson cases can be difficult to solve and prosecute, a collaborative relationship must be established and maintained between the arson task force and the local prosecutor s office. The prosecutor s primary role in an arson investigation is to assist investigators in building cases that will be successful in the courtroom. Prosecutors should make it known to the public that convicted arsonists will be dealt with harshly and realistic sentences will sought (Carter & Rausch, 2007). A formal response agreement between participating agencies is another important component of an effective task force. Mutual aid and interlocal response agreements were found to be more prevalent among the survey respondents than were official task force response commitments. Formal Response Agreements for investigation assistance Population Served Automatic Aid Mutual Aid Interlocal Only Task Force Member Under 25, ,000-99, , , , , , Total

27 Evaluating the need 27 There are differences between mutual aid and interlocal response agreements. Mutual aid agreements are general in nature and are a general understanding that support will be provided if possible. The service provided is open-ended. In practical terms, a mutual aid agreement is an understanding that, my jurisdiction will assist your jurisdiction during an emergency. An interlocal agreement is specific and more contractual in design, but is less flexible. With an interlocal agreement, specific services are provided under defined conditions. The interlocal agreement provides a much clearer understanding of what support may be received (Washington Military Department, 2009). Response membership in the Tarrant County Fire and Arson Investigation Task Force requires member agencies to have inter-local agreements executed with other task force member cities or have a specific agreement with the TCFAI. These agreements must comply with the Inter-Local Cooperation Act, Article 4413(32) and Texas Civil Statutes (TCFAI, 2005). Automatic aid is assistance dispatched automatically by contractual agreement between two communities or fire districts. This differs from mutual aid or interlocal agreements that are arranged on a specific case by case basis. The agreement is for emergency resources which are prearranged for first-alarm response according to a definite plan. In addition, the aid must be provided 24 hours a day, 365 days a year (Washington Military Department, 2009). Rhodes (personal communication, January 21, 2014) said one of the reasons the FIU did not become a responding member in the task force during his tenure was the city s reluctance to enter into response agreements with surrounding cities for fire investigation support. According to Rhodes, the city believed the FIU would respond and provide assistance at a proportionally higher rate to the smaller surrounding communities than those communities would provide to Fort Worth. The perception was that task force participation would increase personnel

28 Evaluating the need 28 costs and liability. Rhodes said that over the years, the department has missed opportunities to build good working relationships with the task force and the surrounding cities. He said the quality of arson investigations are negatively affected if investigators do not use all of the personnel and resources available to them. When the quality of the investigation suffers, the chances of an arson conviction are significantly decreased. Training and certification levels of task force investigators are an integral part of an arson task force. Twelve of the 36 respondents expressed concerns about the knowledge and experience levels of outside agency investigators in the comments section of the survey. The TCFAI has addressed this concern by incorporating minimum training and certification standards within its by-laws and as a condition of task force membership. The TCFAI by-laws (2005) require all potential and current members to comply with one or more of the following training or certification standards a) Licensed Peace Officer or Special Investigator in accordance with Texas Code of Criminal Procedure, Art or b) Arson Investigator as recognized by the Texas Commission on Fire Protection or other recognized agency c) Fire Investigator as recognized by the Texas Commission on Fire Protection, the International Association of Arson Investigators or The Texas State Fire Marshals Association or other recognized certifying agency) d) A member of the Tarrant County District Attorney s Office. e) Certified Special Resource or Subject Member Expert (for associate membership)

29 Evaluating the need 29 In addition, TCFAI members should be familiar with NFPA 921, Guide to Fire and Explosion Investigation, NFPA 1033, fire investigator qualifications and have a curriculum vitae (resume) and documents listing all personal training certificates, training, and experience that supports the member s eligibility as an expert witness in a court of law. Establishing an arson strike team uses the following criteria to rate the overall effectiveness of an arson task force (FEMA, 1989): fire scene processing investigative operations, techniques, and tactics evidence collection, storage, and custody personnel selection, assignment, supervision and collaboration with volunteers and consultants overall management of the strike force records management and communications within the task force and with other agencies (fire, police, prosecutors, forensic specialists etc.) support operations (planning, logistics, and finance) security (all phases) safety training interaction with prosecution, court personnel. legal issues, case management and case development public relations/interactions with witnesses, public figures, and media

30 Evaluating the need 30 Question #11 of the Arson Task Force Survey asked respondents to rate the effectiveness of their organization or task force s arson investigations. Twelve of the 36 surveyed agencies provide fire and arson investigation to areas with more than 500,000 residents. Perceived effectiveness local fire and arson investigations Population Served Very Effective Somewhat effective Adequate Needs Improvement Under 25, ,000-99, , , , , , Total Fifty percent of surveyed agencies with populations of 500,000 or more viewed the effectiveness of their task force investigations as either adequate or needs improvement. By comparison, Texas State Fire Marshal Chris Connealy has praised the effectiveness the Tarrant County Task Force s capabilities. He said the state-wide training programs for all arson task forces should be modeled after the TCFAI system. Bob Gill, the Tarrant County Deputy District Attorney, agreed with Connealy s assessment of the TCFIA. Gill said that any jurisdiction that adopts Tarrant County Task Force practices will be see significant improvements in the investigation and prosecution of arson cases (McDonald, 2012). Fire Investigation Unit Personnel The Fort Worth Fire Department FIU operates under the overall direction of the Executive Services Assistant Chief and is directly supervised by FIU Battalion Chief. The

31 Evaluating the need 31 Battalion Chief serves as the Arson and Bomb Squad Commander and reports directly to the Assistant Chief. The unit employs fourteen arson investigators and an administrative assistant. A Captain is assigned to the unit to manage the day-to-day operations and coordinate case management activities. The remainder of the organization is comprised of four Lieutenants and four Engineer/Investigators (City of Fort Worth, 2010). Four investigators are assigned as on shift-duty Investigators. Duty Investigators conduct initial origin and cause investigations and are assigned to two 24-hour shifts per week plus an additional 8 hours of overtime each month. Each Duty Investigator is assigned two follow-up Investigator detectives who receive specific case assignments from the Unit Manager. Follow-up assignments include the review and completion of investigation reports, processing evidence, locating witnesses, preparing arrest and search warrants and preparing formal case packages to present to the District Attorney. Eight members of the FIU are assigned collateral duties as Certified Bomb Technicians and form the FIU bomb squad (FWFD, 2010). Fire Investigation Unit personnel are required to maintain certification and licensing as State certified Emergency Medical Technicians, Firefighters, Hazardous Materials Technicians, Arson Investigators, Licensed Peace Officers, and Federal Bureau of Investigations Certified Bomb Technicians. Fire department civil service personnel who hold the rank of Fire Engineer and above are allowed to transfer into the FIU based on the results of a competitive interview, resume, criminal background check and the completion of required training (City of Fort Worth, 2010). Fire Investigation Unit Response: Fort Worth Fire Department Standard Operation Procedure S7311 R2 (2012) mandates the immediate response of an FIU Arson Investigator to an incident for the following:

32 Evaluating the need 32 A. Incendiary or suspicious structure or automobile fires. B. Fire related injuries or deaths at the incident scene. C. Incidents involving explosives or incendiary devices. D. Fire where the cause cannot be readily determined by suppression personnel. In 2013, the FIU investigated 685 fire incidents. Based on these investigations, it was determined that 139 of the fires were Arson as defined by Texas State Penal Code Chapter The FIU filed 35 criminal Arson cases with the Tarrant County District Attorney in In addition, the FIU bomb squad responded to 132 bomb related incidents (FWFD, 2013). The unit was assigned an operating budget of $1.9 million in fiscal year Eight percent of the FIU operating budget is used for off-duty investigator call-in assistance to the Duty Investigator. This line item of the budget is also used for special investigation details and assignments (City of Fort Worth, 2012). Tarrant County Fire and Arson Task Force Personnel: The Tarrant County Fire and Arson Task Force (TCFAI) consist of the following resources: 30 fire department /fire marshal investigation units 6 private fire investigation firms County Fire Marshal investigators representing Tarrant, Johnson and Hood counties Fire and explosive investigation support from the Dallas and Fort Worth offices of the Bureau of Alcohol, Tobacco and Firearms

33 Evaluating the need 33 2 private forensic laboratories 2 forensic engineering and origin and cause investigation firms The TCFAI operates under the direction of the Tarrant County Fire Marshal who also serves as the Task Force Coordinator. The coordinator presides over a 5-member board of directors. The board serves as the administrative decision making body of TCFAI. The TCFAI is capable of deploying 50 state certified arson investigators to the scene of a fire or explosives investigation within two hours after a request for assistance is received. Twenty-eight fire investigation agencies are designated as response members of the TCFAI. Each response member is responsible for ensuring assigned personnel comply with state of Texas and TCFAI training and certifications standards (TCFAI, 2013). Tarrant County Fire and Arson Task Force Response: The TCFAI interlocal agreement (2013) requires each responding agency to provide available members of its arson investigation unit to assist in origin and cause investigations of fire or explosive incidents and provide other investigative assistance as necessary for the prosecution of any criminal activity associated with the incident. While performing investigative functions, the response agency operates under the direction and supervision of the requesting agency s officer in charge of the investigation. However, the agency that normally employs the responding task force member is responsible for all salary, disability and pension payments, injury or death benefits, workers compensation benefits, damages to equipment and clothing of the investigator while he or she is involved in task force activities. The TCFAI responded to 18 fire and explosion incidents in 2012 and The task force requires criminal arson cases to be filed and processed in the jurisdiction in which they occurred. This has the dual benefit of increasing the number of cases cleared by the jurisdiction s fire

34 Evaluating the need 34 investigations unit while also reducing personnel expenses related to the field investigation. The TCFAI maintains and operates two response trailers and associated equipment that are available for deployment to a fire investigation scene upon request (TCFAI, 2013). The TCFAI budget is funded by annual membership dues collected from each member agency. Agencies are billed by the task force based on associate or response memberships. Associate agencies pay $25 dollars per person annually for membership while response members pay $150 dollars per agency on an annual basis. Associate task force members are prohibited from responding to active fire investigations. The TCFAI is a non-profit organization with an operating budget that is typically under $50,000 annually. Membership dues and donations are used to pay administrative costs, equipment maintenance expenses and provide free training to area arson investigators. Dues and donations are also used to help fund local scholarships (TCFAI, 2013). Response agencies in the TCFAI must agree to terms outlined in the task force interlocal agreement prior to requesting or providing assistance to other member agencies. For the past several years, the FIU has performed complex fire investigations in Fort Worth without Tarrant County Fire Marshal or TCFIA assistance. However, as the population and the number of fires have increased, staffing and resources for the FIU have not been increased to account for projected changes. Fort Worth s population has grown from 534,694 residents in 2000 to an estimated 777,500 in The city has also approved 113 land annexations from January 2000 through May 2011 (City of Fort Worth, 2012). From 2008 until 2013, the number of arsons, intentionally set fires and fires of unknown origin in Fort Worth has increased by 8% (FWFD, 2013).

35 Evaluating the need 35 According to Barr (2003), many cities will be compelled to deliver more complex and costly fire and emergency services in the future. The cities will also be required to make greater use of pooled resources. This will be accomplished by encouraging the creation of more mutual aid and interlocal agreements while also expanding existing agreements. Fort Worth Fire Department Information Bulletin I4732 r3 (2013) outlines the process for executing interlocal agreements that legally commit the department s resources. All Fort Worth Fire Department interlocal agreements require the following: Fire Chief approval to pursue the agreement 3 rd party negotiation to develop a draft agreement Law Department and Fire Chief approval of the final agreement Mayor and City Council approval An interlocal agreement between the City of Fort Worth and the TCFAI can potentially provide 50 additional arson investigators and support personnel to complex fire scene investigations in the city. With a response membership, the FIU also gains immediate access to forensic laboratories and engineering research firms at a reduced cost. Additionally, Fort Worth would not be responsible for an outside agency investigator s salary, disability, workers compensation benefits or damages to responding equipment. Other potential legal effects of an interlocal agreement between Fort Worth and the TCFAI include: The agreement does not commit additional FWFD resources beyond personnel requested for fire and arson investigations and associated equipment. Agencies may withdraw from the agreement after providing a written notice to the

36 Evaluating the need 36 Tarrant County Fire Marshal within 90 days of the planned withdrawal or change in membership status. The interlocal agreement is structured to supplement day-to-day investigative operations, so special planning and drills beyond monthly training and meetings is generally not required. The interlocal agreement does not conflict with employee provisions the collective bargaining labor contract as executed between the City of Fort Worth and the Fort Worth Professional Firefighters Association. While performing tasks under the agreement, employees of the responding agency are vested with all arson investigative and police powers of the requesting agency. It is the requesting agencies responsibility to insure all local laws, ordinances, policies and procedures are followed by responding task force members. Investigators employed by a response member agency that performs duties under the terms of the agreement are considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section The investigator is also considered to be in performance of duties within the provisions of Chapter 615, Texas Government Code and Chapter 142, Texas Local Government Code and is entitled to any benefits which accrue under law as a result of injury or death. The TCFAI (2005) states the authority for the Tarrant County Fire Marshal to conduct arson investigations in Tarrant County is authorized by Texas Local Government Code Chapter 352 Sec.013 Investigation of Fires which states the county fire marshal shall:

37 Evaluating the need 37 (1) Investigate the cause, origin, and circumstances of fires that occur within the county but outside the municipalities in the county and that destroy or damage property or cause injury; and (2) Determine whether a fire was the result of negligent or intentional conduct. Investigation authority for the FWFD Fire Investigations Unit is derived through the adoption of the most recent addition of International Fire Code by the City of Fort Worth (TriData, 2003). The City of Fort Worth Fire Code states: The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law (City of Fort Worth, 2009). Investigations of complex fires in Fort Worth require the response of at least three arson investigators to the fire scene. If the fire occurs after normal working hours, and the FIU Duty Investigator is unavailable to respond, a minimum of three on-call investigators will respond to the scene (FWFD, 2010). Off-duty Investigators are compensated at a rate of time and one-half for hours worked beyond their normal 8/10 hour workday and 40 hour work week with a minimum of 4 hours of compensation paid for each call-in assignment (FWFD, 2012). In 2013, 65% of Fort Worth s 139 arson fires occurred after normal working hours. Sixty-six percent of the 673 fires investigated by the FIU occurred between the hours of 6 p.m. and 8 a.m. The average response time for FIU on-call investigators is typically minutes (FWFD, 2013). With the exception of the $ annual membership fee, TCFAI response to fire investigations involves no additional cost to the requesting agency. Response times for TCFAI investigators are similar to those for FIU personnel. Typically, initial arriving task force members

38 Evaluating the need 38 are on-scene within an hour after a request for assistance is received (Renois, personal communication, 2014). This is comparable to the minute after-hours response time for FIU on-call Investigators. Tatum (personal communication, January 20, 2014) said that although a formal needs assessment between the FIU and the TCFAI has not been officially performed, the two organizations have previously discussed a limited fire investigator response agreement. However, since the response of FIU investigators also affects the number of FIU bomb technicians available for response, the FIU would also need to make changes to the bomb squad interlocal agreements with the regional bomb squads. The agreements would address manpower and equipment shortages during potential bomb related incidents. The agreement would also need approval from the FBI Bomb Technician program coordinator. Essentially, the Fort Worth risk management and legal departments, the county arson task force, and the regional bomb squad director will need to be included in any formal response agreement involving the FIU. Discussion Barr (2003) said a lack of commitment to provide resources and support to arson investigations exists on the part of some public safety agencies and city officials. For many fire departments, the demand for rescue, hazardous materials, and emergency medical assistance takes precedence when resource needs and financial commitments have to be prioritized. Departments often find themselves with fewer resources to stretch to cover all obligations. As a result, the less visible responsibility of fire investigations is often scaled back. The cutbacks occur despite the advantages that an aggressive fire and arson prevention program and mutual aid participation could provide to individual departments and the community.

39 Evaluating the need 39 Arson task forces can represent a viable, economical option to fighting the arson problem for many communities. Since arson is both a fire and a crime, it requires fire science and criminal investigations expertise from fire and law enforcement. Communities must find ways to successfully combine these two public safety functions and manage their cooperation to create successful fire investigation outcomes (Thiel & Jennings, 2012) In order to obtain support from city officials and public safety administrators, task force leaders should evaluate and understand the policy making challenges within their jurisdiction. These challenges are sometimes characterized by issues of salience and fragmented responsibility (Sylves, 2008). Issue salience defines how important an issue or program is to the general public, elected officials and city administrators (Sylves, 2008). In the 4th quarter of 2013, Fort Worth Police Department statistics indicated that 11,573 crimes against persons occurred in the city. Of these, only 52 of the crimes were arson (FWPD, 2013). The seemingly low frequency of arson compared to other crimes makes it difficult for city officials and public safety administrators to justify more expenditure for arson investigation resources. Only when high profile fire fatalities or arsons occur do fire and arson investigations gain issue saliency. Unfortunately, these types of tragic events represent limited opportunities for arson task force leaders to discuss local arson investigation policy, provide public education and help create reasonable anti-arson strategies to protect the public. Because arson is a unique crime that involves two major public services, responsibility for performing effective arson investigations may become fragmented. In many cities, arson investigation is primarily a police function. Fire officials in these areas may have limited knowledge and understanding of arson investigations and the judicial process. Consequently, the

40 Evaluating the need 40 department s goal for arson is to provide a good initial cause and origin investigation, but the responsibility for actually solving the crime of arson is transferred to police department detectives who may or may not consider solving arsons a priority. Police officials in the same areas may not consider arson as one of their top investigative priorities. The perceived low visibility of arson, along with low percentages of arrests and convictions, seem to validate the police department s views. Since police performance is judged on the increase or decrease in crime, in addition to the number of cases solved, police officials may not have a favorable view of arson fires influence on the department s crime solving statistics. The fragmented responsibility of arson investigation must be addressed at the highest levels of city government and public safety. This can be accomplished by establishing clear lines of investigative authority, defining specific department roles and responsibilities and developing an atmosphere of cooperation and understanding among all administrators and departments (Carter & Rausch, 2007). Similar to multidisciplinary teams performing in the healthcare field, combining the expertise of fire and police officials in arson investigations is a solid strategy that increases the overall performance of a work team and also increases individual accountability among team members (Fay et al, 2006). Arson task force survey comments indicated that cooperation and involvement of local prosecutors was critical to the success of fire investigation agencies. Since 2002, The Tarrant County District Attorney s (DA) office has assigned an Assistant District Attorney (ADA) to liaison with the TCFAI. This assignment was established in the mid s in response to the growing number of arson and incendiary fires that were occurring in the Tarrant County. The designated ADA evaluates all arson cases submitted to the district attorney s office and provides

41 Evaluating the need 41 guidance to all TCFAI arson investigators (TriData, 2003). When an arson case is filed, the ADA is responsible for routing the case within the district attorney s office for prosecution. The relationship between the TCFAI and the ADA serves a dual purpose. First, it allows the ADA to stay current on best practices and changes that occur within the arson investigation field. Secondly, it provides investigators a source of guidance and advice as they progress through the judicial process. Another important component of an arson task force is the legal commitment among the members to provide assistance. Many survey respondents agreed that formal response agreements should be established among all participating task force agencies. As agencies enter into formal response agreements, they should keep in mind that a formal agreement represents a set of promises that jurisdictions make to each other. The agreement creates an obligation and an expectation that each agency will share mutual responsibility to provide resources and investigative services. Task force agencies should also realize that agreements are enforceable by law and failing to provide the level of service or resources promised represents a breach of contract. This situation creates financial and legal liabilities for the agency and the jurisdictions which they represent (Washington Military Department, 2009). A successful arson task force has the capability to provide adequately trained and certified investigators to the fire scene upon request. Like many professionals, fire investigators are required to meet basic levels of training and proficiency. Investigators must meet their local jurisdictions established training requirements as well as those established in NFPA This standard is officially known as the Standard for Professional Qualifications for Fire Investigator. Many fire investigator training programs and organizations have established this standard as the minimum set of knowledge and skills required for safe evaluation and documentation of a fire

42 Evaluating the need 42 scene (NFPA, 2011). Arson investigators in Texas are also required to obtain Arson Investigator Certification as recognized by the Texas Commission on Fire Protection and hold a peace officer s license from the Texas Commission on Law Enforcement (TCFAI, 2005). In addition to the requirements of NFPA 1033, Fire Investigators should also be familiar with NFPA 921, The Guide for Fire and Explosion Investigation. This guide is used by fire and arson investigators around the nation to conduct safe, systematic investigations and analysis of fire and explosion incidents (NFPA, 2011). With the exception of nationally recognized training guides and standards, the amount of fire investigator training and continuing education required by surveyed organizations tended to vary based on the population served. Sixty-six percent of agencies that served populations of 500,000 or more required advanced training for all investigators. If not already specified as a condition of employment, arson investigators working in these organizations were required to become Certified Fire Investigators (CFI). Certified Fire Investigator is a nationally recognized program established to identify and recognize a fire investigator s expertise. The CFI certification is based on an evaluation of an individual s investigation training and related experience in addition to the investigator obtaining a passing score on the CFI comprehensive written examination. Fire investigator training required by organizations that served populations of less than 100,000 was inconsistent. The training requirements for smaller organizations ranged from the completion of local fire investigator course to mandatory completion of the National Fire Academy s Fire Origin and Cause Investigation course in addition to CFI certification.

43 Evaluating the need 43 Organizations that have difficulty with obtaining funds for training should try to seek funding from private companies. Investigators in a particular area can pool outside contributions to create a centralized training fund for those agencies with limited resources. Businesses can use these donations as a tax advantage. Contributing businesses should also be acknowledged publicly through the press and at annual awards banquets. It has been proven that trained, competent investigators are the cohesive force that holds effective task forces together (FEMA, 1989). As the occurrence of arson fires continue, the arson task force concept will become more prevalent. According to Bill Degnan, New Hampshire's fire marshal and the president of the National Association of State Fire Marshals, the rate of arson in America is much higher than reported. Degnan estimates the rate of arson should be 40 to 50 percent higher than what is actually reported. If his estimate is accurate, then up to half of the 3,000 fires reported each year should be treated as arson. In addition, the fatalities that occur in some of these fires should actually be treated as arson related homicides. National statistics also indicate that much of the 15.5 billion dollars paid by insurance companies in 2012 should have been contested as arson fraud (Hargrove, 2013). Rhodes (personal communication, January 21, 2014) said the need for a response membership in the arson task force will become greater as the Fort Worth continues to expand. He said the benefit of having at least 25 arson investigators arrive on-scene soon after a serious arson fire far outweighs the potential compensation and liability issues that have prevented the Investigation Unit from joining task force. In Detroit, a city with a population of 681,090 and similar in size to Fort Worth, the arson problem has become extremely severe. Fire officials in Detroit estimate that 75% of their

44 Evaluating the need 44 fires are caused by arson. Additionally, it is also estimated that 50% of Detroit s fires are not investigated by the department due to a shortage of arson investigators (Hargrove, 2013). Although there are clear benefits for jurisdictions that combine their resources to form task forces, tight budgets and competing demands for resources will require task force leaders to provide evidence of a task force s effectiveness. If an arson task force can document its effectiveness and benefit to the community through performance, it is more likely to be retained and have more resources provided. A task force without evidence of its activities and its benefits to the community is more vulnerable to a lack of participation or elimination (Rhodes et al, 2009). Training, statistics and performance measures can provide information attesting to the effectiveness of multijurisdictional task forces, thereby justifying each community s investment. Conversely, evidence may also demonstrate a lack of training, poor participation and poor performance. When this occurs, city governments and public safety administrators should make decisions to modify or replace under-performing task forces and seek to terminate or withdraw from formal agreements (Rhodes et al, 2009). Partly as a result of the high profile arson cases of Cameron Todd Willingham and Ernest Ray Willis, the scientific principles of arson investigation are being questioned. Willingham and Willis were both convicted of arson, but were later exonerated. Willingham was executed by the state of Texas before his conviction was overturned (Lentini, Churchward, Smith, Carpenter & McKenzie,n.d.). Defense attorneys and investigators should to rely on the assistance of outside technical specialists such as fire protection engineers, fire scientists, electrical engineers and other experts to support their cases and withstand the rigors of cross-examination. All of these resources are available to response members of the TCFAI and have allowed the organization to

45 Evaluating the need 45 become recognized as one of the most progressive, well trained arson task forces in the state of Texas. It is important for task force agencies to have legal response agreements in place. These agreements help to ensure cooperation among agencies, as well as ensure adequate resources are provided when help is requested. In addition to personnel and resources, agreements must have provisions that require task force agencies and their members to have a thorough understanding of statutory and case law as they relate to arson and fire investigations. In Texas, statutory arson law is defined by Penal code chapter The penal code defines arson as starting of a fire or causing an explosion with the intent to destroy or damage any building, habitation, or vehicle (TFCAI, 2005). Another significant concern for 90% (32 of 36) of survey respondents was the lack of budgetary support provided for fire and arson investigations. In contrast to an individual agency s cost for day-to-day operations, task force activities do not require significant increases in expenditures because they rely primarily on the use of existing resources. Typically, participating agencies will cover the costs of personnel and resources supplied to the task force investigations (USFA, 2011). Response members of the TCFAI are expected to cover all personnel and equipment cost when responding to task force incidents. Because many task forces face the issue of large community versus smaller community response, agreements can be adjusted to stipulate a time limit for no-cost investigative assistance. For example, an agency can provide the first 48 hours following assignment at no cost to the requesting agency. Any personnel or resource expenses beyond this time limit would be eligible for reimbursement on a case-by-case basis (USFA, 2013). A response membership in the Tarrant County Fire and Arson Investigation Task Force

46 Evaluating the need 46 would seem to be the next logical step to improve the capability and standing of the Fort Worth Fire Department FIU in the North Texas fire and arson investigation community. Task force participation would also provide a higher level of service and protection to Fort Worth citizens. As the city s population grows and the city limits continue to expand, more city services will be expected at a reasonable cost. The city of Fort Worth, Tarrant County and the surrounding communities will benefit from an enhanced, professional fire investigation response to all significant fires that occur in the region. Recommendations The following recommendations are based on the research findings of this project. The recommendations are presented in no particular order of importance. Recommendations for the project are not the only solutions to the research questions presented. Additional solutions may be available based on the specific fire and arson investigation needs of particular jurisdiction. The recommendations will serve as a basis for Fort Worth Fire Department FIU s to become a response member of the Tarrant County Fire and Arson Investigation Task Force. It is recommended the Fort Worth Fire Department adopt the following measures: Recommendation 1 Meet with the City of Fort Worth Legal and Risk Management departments to examine the specific provisions within the TCFIA interlocal agreement that prevent Fort Worth Fire Department FIU response participation. Changes or addendums to the agreement should be suggested and negotiated if significant issues cannot be resolved. The FIU must also provide justification for task force membership by providing documentation that shows major incidents would be better resolved through a concerted effort. The FIU should also provide evidence of how staff and budget cutbacks could result in an increased number of arson fires that will be

47 Evaluating the need 47 investigated by FIU personnel. With increase in fires and arsons, each investigator s caseload will noticeably increase. This may eventually result in investigator fatigue and personnel turnover within the FIU. Justification for a response membership should emphasize that the task force constitutes a standing reserve of investigative capability at little additional cost to city or to the department. Recommendation 2 Develop Standard Operating Procedures or Information Bulletins that outline FIU response to TCFAI incidents. The procedures should also outline when TCFAI investigative assistance can be requested by FIU or FWFD command personnel. Recommendation 3 Make adjustments to the FIU overtime budget to account for investigator response to TCFAI after-hours incidents. The TCFAI has averaged 9-10 call-outs per year. An adjustment can be made to line-item overtime that would include hours of refundable TCFAI overtime per year. Unused overtime can be reallocated to the department s budget or the city s general fund. Since the FIU investigates significantly more complex fire incidents than the TCFAI, a limit on the number of no-cost investigative hours and the number of investigators available to respond should be based on the size and complexity of the incident. Recommendation 4 Assign one member of the FIU as the official liaison to the TCFAI. This member should be encouraged to participate and seek election to the TCFAI board of directors. Recommendation 5 Sponsor training and workshops for TCFAI member cities. The cost of training can be covered by private business donations, the state fire marshal s office or through available grants.

48 Evaluating the need 48 Frequent training among task force agencies helps to build and maintain working relationships and builds confidence in the abilities of task force investigators. Fire investigation classes may also be developed for suppression personnel to provide a reasonable level of assistance at fire scenes. Recommendation 6 Make periodic presentations to the city councils of member agencies highlighting the goals and achievements of the TCFAI. This allows city officials to observe a return on their city s investment. Recommendation 7 Frequently monitor and evaluate the performance of the TCFAI by sharing data and creating performance measures and standards that must be met by all participating agencies. Recommendation 8 Invite each member agency s fire prevention bureau and building code enforcement departments to join the TCFAI as associate members. Fire prevention and building code enforcement efforts can play a significant role in addressing the arson problem in all communities. Recommendation 9 Periodically invite local fire and police department public information officers to TCFAI meetings. This will help to establish a positive relationship with local media outlets and will promote fire and arson prevention efforts throughout the community. Recommendation 10 Consider eliminating associate memberships in the TCFAI for all Tarrant County fire investigation agencies. This will increase response memberships in the task force and increase

49 Evaluating the need 49 the amount of personnel and number of resources available to respond. References Barr, R. C., & Eversole, J. M., (2003). The fire chief s handbook. Tulsa, OK: Penwell Corporation. Carter, H. & Rausch, E., (2007). Management in the fire service, 4 th ed. Quincy, MA: National Fire Protection. City of Fort Worth (2012). City of Fort Worth budget for fiscal year Fort Worth, Texas: City of Fort Worth. City of Fort Worth (2010). City ordinance: fire code amendments (No ): Fort Worth, Texas: City of Fort Worth. City of Fort Worth (2009). City of Fort Worth fire code (chapter 33, section 3306). Fort Worth, Texas: City of Fort Worth. City of Fort Worth (2010). Job Description for Fire Investigator, Fort Worth, Texas: City of Fort Worth. Fay, D., Borrill, C., Amir, Z., Haward, R., & West, M. (2006). Getting the most out of multidisciplinary teams: A multi-sample study of team innovation in health care. Journal of Occupational and Organizational Psychology, doi: / X72128 Federal Emergency Management Agency, United States Fire Administration. (1989). Establishing an arson strike force. Emmitsburg, MD: International Association of Fire Chiefs. Fort Worth Fire Department (2014). Arson and intentionally set fires report Fort Worth, Texas: Fort Worth Fire Department. Fort Worth Fire Department (2014). Fort Worth Fire Department 2013 Annual Report. Fort Worth, Texas: Fort Worth Fire Department.

50 Evaluating the need 50 Fort Worth Fire Department (2011). I4732 r3 Mutual aid and automatic aid municipalities. Fort Worth, Texas: Fort Worth Fire Department. Fort Worth Fire Department (2010). Special operations assignments, Fort Worth, Texas: Fort Worth Fire Department. Fort Worth Fire Department (2012). Standard operating procedure S 7301 r2, fire investigation policy. Fort Worth Texas: Fort Worth Fire Department. Fort Worth Police Department (2014). Annual report on crime statistics for the Fort Worth police department, Fort Worth, Texas: Fort Worth Police Department. Hargrove, T. (2013, November 24). America's 'grossly underreported' arsons hide public safety threat [Editorial]. Reporter News. Retrieved December 20, 2013, from Lentini, J. L., Churchward, D. L., Smith, D. M., Carpenter, D. J., & McKenzie, M. L. (n.d.). Report of the innocence project arson review committee (Rep.). Retrieved December 3, 2013, from McDonald, M., (2012, December 6). Fired up about arson task force [On-line forum]. Retrieved January 15, 2014, from Miller, L. & Clausing, C., (Ed.). (2010). Fire investigator. Stillwater, OK: International Fire Service Training Association, Oklahoma State University. National Fire Protection Association. (2011). Guide for fire and explosion investigations (NFPA 921). Quincy, MA: NFPA. National Fire Protection Association. (2014). Intentional fires.

51 Evaluating the need 51 Quincy, MA: Campbell, Richard. Retrieved from National Fire Protection Association, International Association of Fire Chiefs & International Association of Arson Investigators (2012). Fire investigator principles and practice to NFPA 921 and 1033 (3 rd ed.).sudbury, MA: Jones & Bartlett Learning National Fire Protection Association. (2012) Public input No. 1-NFPA chapter 9. Quincy, MA: Retrieved from National Fire Protection Association. (2011). Standard for professional qualifications for fire investigator (NFPA 1033). Quincy, MA: Author. North Central Texas Council of Governments Research and Information Services (n.d.). Retrieved December 22, 2013 from North, S. R., (2005). Analysis of a prospective fire investigation task force in Thurston County, Washington. (Unpublished executive fire officer program applied research project). National Fire Academy, Emmitsburg, MD. Rhodes, W., Dyous, C., & Chapman, M., (2009). Evaluation of the multijurisdictional task forces (MJTFs) Phase II (Rep. No ). Retrieved October 15, 2013, from Sylves, R., (2008). Disaster policy & politics. Washington, D.C.: SAGE Publications and CQ press.

52 Evaluating the need 52 Tarrant County Fire & Arson Investigation Task Force (2005). Tarrant county fire & arson investigation task force-bylaws, article 2, section 4. Fort Worth, Texas: Author. Tarrant County Fire & Arson Investigation Task Force (2013). Tarrant county fire & arson and fire investigation task force membership guide. Fort Worth, Texas: Author. Texas Department of Insurance (2013). Fires in Texas, 2012 annual fire statistics. Retrieved November 24, 2013 from Thiel, A. K., & Jennings, C. R., (Ed.). (2012). Managing Fire and Emergency Services. Washington, D.C.: International City/County Management Association. TriData Corporation (2003). Comprehensive study of the Fort Worth Fire Department, technical assistance project, fire investigations. Arlington, VA: Author. United State Census Bureau (2012). The 2012 statistical abstract data book. Retrieved December 15, 2013 from states_metropolitan_areas_cities.html b United States Department of Homeland Security (2011). Executive Leadership student manual Unit 3: Thinking Systemically. [student manual]. (6 th ed.). Emmitsburg, MD: Author. United States Fire Administration (2010). America s fire and emergency services leader: Strategic plan Retrieved on December 5, 2013from

53 Evaluating the need 53 United States Fire Administration (2004). Attacking the violent crime of arson: a report on America s fire investigation units. Emmitsburg, MD: United States Department of Homeland Security. United States Fire Administration (2011). Failure points and case solvability factors. Retrieved on December 15, 2013 from ability_factors.shtm. United States Fire Administration (2011). Joint fire/police teams and arson task forces Retrieved on December 15, 2013 from es.shtm). Unites States Fire Administration/National Fire Academy (2010). Executive fire officer program Retrieved November 25, 2013 from pdf. Washington Military Department, Emergency Management Division (2009). Mutual aid and interlocal agreement handbook. Retrieved on January 15, 2014 from

54 Evaluating the need 54 Appendix A Arson Task Force Survey Dear Public Safety Official: I would like to submit an survey to your department s fire prevention/fire investigations personnel who have the primary responsibility for conducting fire origin and cause investigations within your jurisdiction. The survey is part of an Executive Fire Officer Program Applied Research project that I am completing at the National Fire Academy. My applied research will attempt to determine if it is feasible or beneficial for Fort Worth Fire Department to provide personnel and resources to our County Arson Task Force which is composed of several smaller departments who share fire investigations resources and responsibilities. The information that you provide will be kept confidential and no specific references will be made to any person or department. Please complete and submit the form no later than April 11, You may access the questionnaire at the following location: Thank you for your consideration Raymond Hill Battalion Chief Fort Worth Fire Department (817)

55 Evaluating the need 55 Arson Investigations Task Force Survey 1. What is the name of your organization or task force? 2. How large is the population served by your organization or task force? 3. Which agency in your jurisdiction has the primary responsibility for arson origin and cause investigations? 4. Which of the following provides your organization with the authority to conduct fire origin and cause investigations? 5. How many times did your department assist or conduct fire/arson investigations outside your jurisdiction? 6. How many fire and arson investigations did your agency or task force conduct in 2012/2013? 7. How many criminal arson cases were filed by your agency or task force in 2012 and/or 2013? 8. How many organizations participate in the arson task force in your area? 9. Does your department have automatic outside assistance for complex fire Investigations (severe burn injury, fatality, arson, high dollar loss)? 10. If you answered yes to question # 9, which organizations provide complex fire investigations. 11. How would you rate the effectiveness of your agency or task forces' arson investigations? 12. What are the most critical fire/arson investigations challenges faced by your organization or task force (please check the three most critical)? 13. How many arson investigators are employed by your agency or task force? 14. What type of education and experience does your organization require for arson investigators (choose all that apply)? 15. Could you please provide additional comments or information regarding your

56 your departments or agencies fire/arson investigation efforts? Evaluating the need 56

57 Evaluating the need 57 Appendix B Bobby Tatum, Deputy Chief Fort Worth Fire Department Personal communication via telephone on January 20, 2014 at 3:40 p.m. 1. When you were the FIU Commander, did you explore the possibility of the joining the Tarrant County Arson Task Force as a responding member? Yes, we had initial discussions with fire administration about the possibility. However, fire administration felt that with limited fire investigation staffing and resources, it wasn t a good idea for us to contractually commit our resources outside the city limits. We had discussed a limited response agreement with the task force, but other programs and obligations took priority. 2. Which programs had priority over task force response membership? At the time, we were trying to increase the number of certified bomb technicians operating in the unit. Since the response of FIU investigators also affected the number of FIU bomb technicians available for response, the FIU would also need bomb squad interlocal agreements with the regional bomb squads in addition to a fire investigation interlocal with the task force. Bomb squad interlocal agreements would address manpower and equipment shortages during potential bomb related incidents. This agreement would also have needed approval from the FBI who directs the bomb technician program. Essentially, the fire and legal departments, the county arson task force, and the regional bomb squad director would have to be included in any formal response agreements involving the FIU. Our second response priority at the time was assigning a second duty investigator for city-wide fire investigation response. The second investigator was needed to account for the increase in the number of fires in the city and to improve our investigator response times to the scene.

58 Evaluating the need Do you think the FIU and the County Task Force will benefit from a response agency partnership? Yes, I think that both agencies will benefit. I believe that fire investigations should be included in all of the department s response agreements. This may be difficult because of the reliance of some departments on county, state and federal assistance for fire investigations. Citizens and business will expect fire investigations to be included as a vital part of fire and crime prevention. Since all fire investigations are under greater scrutiny, having additional resources can only help.

59 Evaluating the need 59 Gary Rhodes, Fire Investigation Unit Captain Fort Worth Fire Department-Retired Personal communication via telephone on January 21, 2014 at 9:00 a.m. 1. In your opinion, why does the FIU not have a response agreement membership in the county arson task force? As I understood it, city legal thought that we would provide more investigative help to the task force than they would provide to us. The city s perception was that task force participation would increase personnel costs and liability for the city and the department if outside investigators were allowed in. We have mutual aid agreements with most of the cities in Tarrant County along with a few outside of the county. I didn t understand why the same agreements couldn t also apply to fire investigations. I also think that we ve missed opportunities to build good working relationships with the task force and surrounding communities by displaying this attitude. The quality of an investigation is negatively affected if investigators don t use all of the personnel and resources available to them. When the quality of an investigation suffers, the chances of an arson conviction are significantly diminished. The benefit of having at least 25 experienced arson investigators arrive on-scene soon after a serious arson fire far outweighs the potential compensation and liability issues that may or may not have merit. 2. Where you aware of past efforts for the unit to obtain a response membership in the task force? We had made a few attempts to establish a limited agreement with the task force in the early 1990 s. Vehicle arson fires were a big problem back then. We assigned an investigator to the police department s auto theft task force and wanted to use that model for assigning investigators to the county arson task force a few years ago. We were providing one fire investigator to major auto theft and arson cases at no cost to the police department for the first two days of the investigation. At the end of 48 hours, the auto theft task force reimbursed us for the investigator s overtime. This compensation model worked well for both departments.

60 Evaluating the need Do you think the FIU and the County Task Force will benefit from a response agency partnership? Yes, I think we are moving toward the California model of providing public safety resources. Public safety resources, and funding needed to support them, will be shared at the county and regional level. The need for a response membership in the arson task force will become greater as the Fort Worth and Tarrant continue to grow. One of the problems with large cities is being able to provide a consistent and cost-effective level of public safety. Since arson is a fire department, and potentially a police department issue, fire investigations will become a shared expense among communities in the area.

61 Evaluating the need 61 Randy Renois Tarrant County Fire Marshal/ Tarrant County Fire and Arson Investigator Task Force Coordinator Tarrant County Fire Marshal s Office Personal communication at TCFAI meetings in Fort Worth, Texas on February-March, What are your duties and responsibilities as the arson task force coordinator? As the coordinator, my primary role is to ensure that an appropriate fire investigation response is provided to every community that calls us for help. Typically, I respond to all task force call-outs. I focus on assisting the requesting agency coordinate the resources they need to conduct an effective fire investigation. All investigators working at the incident is under the authority and jurisdiction of the requesting agency. I m the administrative head of the task force, so I also serve as one of the area s liaisons to the Texas Fire Marshal s office and the IAAI. I m also the task force recruiter. We are constantly recruiting private business and related industry to provide resources, expertise and financial support to the task force. Since we work in a highly specialized industry, we always focus on the training and credentialing aspect of current and future members of the organization. 2. In your opinion, how effective is the task force and what do you perceive as potential areas for improvement? I think the task force is very effective at this point. We ve had growing pains in the past, like all organizations do, but we have an experienced and professional membership. Several of our members and agencies have been a part of the task force for over 20 years. Experience is definitely an asset. Our organization is now being recognized at the state and national level. We have an excellent county prosecutor who s considered one of the state s best when it comes to arson prosecution. The task force is growing and we are excited about the future. Like most organizations, we need more involvement. Specifically, we need as many responding agencies as possible. Response agencies send investigators and equipment to the fire scene while an associate agency does not. To obtain a response membership, an agency must have a signed interlocal agreement with the task force. Since we are dealing with several communities and political entities, this is the most difficult hurdle we face in our efforts to expand the membership and deliver service to the citizens of Tarrant County. The signed interlocal is what makes the task force

62 Evaluating the need 62 work. It s necessary to protect the investigators themselves and the cities that they work for. 3. Do you think Fort Worth s participation as a response agency in the task force is important? I think having Fort Worth participate as a responding member is important to the future of the task force. Fort Worth is the largest agency in the county. We ve enjoyed having them as associate members of the task force for many, many years. I think the time has come for all parties to establish an agreement that makes sense and provides benefits to the citizens of Fort Worth and Tarrant County. I think this can be easily accomplished; it will just take some extra administrative steps on the front end. We have a great relationship with the Fort Worth FIU and look forward to them expanding their role in the organization.