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work of the Fire Prevention Bureau, making sure that all the necessary commercial inspections are completed. Part of that was also to do plans examination as building permits come in and review of the National Fire Prevention code. With this vacant position, the City will lose some efficiency. In the past, this position was vacant for many years upon the disability retirement of the past Assistant Fire Chief and the department made it through. The Fire Chief and Safety Director share a lot of the administrative responsibilities; there are also three shift Captains who oversees administrative duties. They will accept the larger share of the burden and it's a burden that they have had before. The biggest loss is probably to the Fire Prevention Bureau. Anything that the Administration could do to prevent fiirther layoffs is paramount. Because the hierarchy is so small, there is little opportunity to look at other alternatives. There is so little way, other than going to the table with the bargaining unit to open up contract negotiations. That is where the expenses are. The Assistant Fire Chief's position is not mentioned in the Charter, it is not a credential position, the person keeps a job with the City and the City is able to compensate for the loss of the work. There is no corresponding position within the Police Department to eliminate; there is no corresponding position with the Building Department to eliminate. There is a Building Commissioner who is a Class I certified; an Assistant Building Commissioner who is a Class II certified; a pending retirement in the Building Department and the Class II employee is taking a test to become a Class L Of all the non -bargaining positions within the Department of Public Safety, this was the one (1) position that could be eliminated; elimination by process of layoff with the entitlement to come back should funds become available. The City has reduced manning and by reducing manning has eliminated the overtime expense. A suggestion was made that the memo dated January 12, 2009 should be marked as an exhibit. It is important that the Commission's record reflect the memo that was dated December 16, 2008 directed to the Commission which contained a statement of rationale for the layoff included reference to some rather extensive documentation which assumes that is part of the Commission's file; followed by a notice of layoff dated December 17, 2008; subsequent notice of appeal from the appellant; and then the Commission's notice of hearing dated January 2, 2009. These documents should become part of the record that the court reporter would assemble including any additional documents that constitute the Commission's file. Copies of those documents should be provided to the court reporter. The Safety Director called the Finance Director, Carrie Copfer, as a witness. Ms. Copfer was sworn in. The 2009 general fund deficit projected before the year end was $483,000 which includes all the attrition and efficiency reductions and the fifteen (15) employees that were laid off. This includes flat and declining revenues mostly in municipal income tax, property tax, local government funding and also in building permits and interest income. The City was obtaining 5.2% interest on CDs in 2007 and now the rate is .5%. The Administration reviewed all the departments and looked for ways to account for monies differently. City Council did not pass the income tax reduction legislation; therefore, more budget cuts were reviewed. A balanced budget has to be passed by Council and to the county by the end of March. The Safety Director indicated that there is a deficit and the Administration used every method they could to close the gap and not layoff employees before the Administration had to lay off employees. In other words, cut the budget as much as possible before the Administration had to lay off people. The Human Resources Director, Cheryl Farver, was sworn in. In the Service Department there is a Public Works Commission position still on the organizational chart, but in a continuing effort to save money, that position has not been filled for quite awhile. Also, the Commission went through the reorganization of the Waste Water Treatment Plant and the Assistant Superintendent position was abolished from the organizational structure; again this tier of management. This demonstrates that upper management has made a conservative and continued effort to look at that tier to see if there are cost savings across that tier in the organization and it became necessary in this budget situation. The Administration is in the process of The [appellant], Todd Kirkpatrick, was sworn in. The previous Assistant Fire Chief retired on a disability and was on leave several months prior to his retirement date at the beginning of 2007; the [appellant] was promoted July 10, 2007 and many items backed up in the Assistant Fire Chief's office. A general discussion