Open Letter to the Burbank Fire Chief on Out-of-State Fire Staffing

Danny Alvarez, Fire Chief
City of Burbank
275 East Olive Avenue
Burbank, California 91510

Dear Chief Alvarez:

I am writing personally, and on behalf of the Burbank Republican Party, to object to the City of Burbank employing fire department personnel who live out of state, including David K. Johnson, who I understand is living in Texas while employed by the Burbank Fire Department.

The issue is not whether Burbank may require city residency. It may not. California Constitution Article XI, section 10(b), and Government Code section 50083 prohibit a local agency from requiring its employees to live within the city, county, or district itself.

However, the law also makes clear that Burbank may impose a reasonable and specific distance requirement. California Constitution Article XI, section 10(b), expressly permits employees to be required to live within a “reasonable and specific distance” of their place of employment or another designated location.

Texas does not qualify as a reasonable distance to work.

This is especially important for fire department employees. These are public safety positions. They are not ordinary remote-work jobs, and they involve readiness, recall, attendance, emergency response, and public confidence.

The case law supports this position

In International Association of Fire Fighters v. City of San Leandro, the court reviewed a San Leandro Fire Department rule stating that fire department personnel “may reside up to forty (40) road miles from Fire Station 4.” The court upheld that rule:

“The 40-mile limit at issue here we find to be both reasonable and specific.” International Association of Fire Fighters v. City of San Leandro

In Graham v. Kirkwood Meadows Public Utility District, the Court of Appeal also recognized that a distance requirement can be lawful:

“A reasonable distance requirement will not violate section 50083.” Graham v. Kirkwood Meadows Public Utility District

That is the point. Burbank cannot require employees to live in Burbank, but Burbank absolutely can adopt a reasonable outside-distance limit. A maximum 40-mile outside limit is supported by California case law and would be a reasonable policy for public safety employees.

I believe the City should adopt and enforce such a standard. I personally object, and the Burbank Republican Party objects, to Burbank tax dollars being paid to employees who live in other states while holding local public employment positions funded by Burbank residents.

Those dollars should support:

• Local readiness
• Local accountability
• The economic life of Burbank
• The surrounding regional economy
• Consistent and lawful employment standards

They should not be exported to other states whenever the City has the lawful ability to prevent that through reasonable employment standards.

This concern is not personal animus against any individual employee. It is a policy objection. Burbank residents pay for city services, including fire protection, with the expectation that employees in essential public safety positions can meet the real-world demands of those positions.

An employee living in Texas raises serious and obvious questions about:

• Recall
• Emergency availability
• Attendance
• Response expectations
• Whether the City is applying its employment standards consistently

Burbank Civil Service Rule XI appears to permit discipline or dismissal for reasons including:

• Failure to comply with conditions of employment
• Failure to maintain necessary qualifications
• Unauthorized absence
• Repeated tardiness
• Willful refusal to respond to an emergency call
• Violation of administrative rules

Accordingly, I respectfully request that the City review whether David K. Johnson can comply with all applicable requirements of his position, including:

• Emergency-response requirements
• Recall requirements
• Attendance requirements
• Response-time or distance requirements
• Conditions of employment
• Required qualifications
• Administrative rules
• Burbank Civil Service Rule XI
• Any applicable memorandum of understanding
• Any applicable job specification
• Any applicable department policy
• Any applicable City directive

I also ask the City to identify whether Burbank currently has any enforceable distance, recall, or emergency-response standard for fire department personnel. If no such standard exists, then I believe that is a serious policy failure that should be corrected.

I believe a maximum 40-mile outside limit is reasonable, legally supported, and in the best interests of Burbank residents.

Please advise regarding the City’s position on this issue.