June 30, 2004

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Palo Alto Online

Fire chief leaves a mixed legacy

by Cross Missakian

When Palo Alto's fire chief packs his bags for Sacramento, he'll leave behind a legacy of prestigious awards and scathing criticism.

Ruben Grijalva, a Republican who has headed the city's fire department since 1994, was picked by Gov. Arnold Schwarzenegger on Friday to take over as the state's fire marshal. Presuming the appointment is confirmed by the state Senate, Grijalva will leave Palo Alto to manage the state's fire prevention engineering programs, law and code enforcement, and education.

During the past 10 years, Grijalva has been a high-profile chief whose regional, state, and even international work on fire safety and codes leave him both well-decorated and well-prepared for his new job. At the same time, his aggressive implementation of new policies in Palo Alto, his sometimes-rocky relationship with the union, and his readiness to play favorites often embroiled him in controversy.

City officials praised Grijalva, but also called his appointment a credit to the men and women he supervises.

"It's quite a recognition not only for Ruben, but for the accomplishments of the fire department," said City Manager Frank Benest. According to Benest, Grijalva's most significant accomplishments in Palo Alto were diversifying the department and strengthening ties with the firefighters' union.

The path toward such results, however, was not always smooth. Over the years, Grijalva often differed sharply with his rank-and-file.

A 1998 survey commissioned by the firefighters' union revealed widespread perceptions of favoritism, low morale and poor communication between department administration and employees. The harshest criticism was directed at Grijalva, who was called "ego-motivated," "dishonest," "manipulative," and accused of not knowing the difference between serving himself and serving others. Respondents claimed Grijalva used his stated goal of diversifying the department as cover to hire and promote his friends and connections.

But other respondents in the survey were dismissive of their griping colleagues. One described Palo Alto's department as "the best place to be a firefighter."

Grijalva was also criticized for having officers perform tasks they considered inconsistent with their profession, like cleaning raw sewage or moving boxes and furniture for City Hall administrators.

In particular, Grijalva came under scrutiny after he directed officers to sandbag the home of then-City Manager June Fleming when San Francisquito Creek overflowed in 1998, while other private residences received no such attention. An investigation did not find any wrongdoing by Grijalva or Fleming.

These charges were bolstered by a series of anonymous letters detailing particular instances of alleged favoritism and ineptitude by Grijalva, which were sent to the media and purportedly written by current or recently retired members of the department.

Grijalva publicly responded to these accusations as untrue and unfair. Union president Tony Spitaleri came to his defense, saying such accusations were slanderous and cowardly.

Because most of the charges were anonymous, no specific resolution or conclusions were ever reached. Grijalva, though, did take steps to address the concerns of his subordinates -- apparently with some success.

Grijalva was not available for comment.

Both Beecham and Benest said one of Grijalva's most significant achievements was strengthening ties with the union, and Spitaleri -- who has himself been accused of being too close to Grijalva -- said the department is losing a competent and experienced leader.

"I think he will serve the firefighters of California well, and the citizens and industries of California well," Spitaleri said.

Grijalva, who lives in San Jose, became a candidate for fire marshal last year after advocating for a new state building code favored by local governments. Testifying in Sacramento as president of the League of California Cities' fire chiefs department, Grijalva impressed building officials, who urged him to apply for the job.

The appointment was no surprise to those familiar with Grijalva's work beyond city limits. He has served as president of the fire chiefs department of the League of California Cities, president of the Santa Clara County Fire Chief's Association, commissioner of the Santa Clara County Emergency Medical Services Commission, and a member of the Uniform Fire Code Committee of the International Fire Code Institute, among other positions in fire and public safety organizations.

Benest noted that developing fire codes, which is a major duty of the state fire marshal, has been one of Grijalva's specialties.

This March, Grijalva was named Fire Official of the Year by the California Building Officials, in part for his work toward unifying fire prevention officials and building officials.

Grijalva has always been willing to embrace new ideas. In March, the department announced a fee-based non-emergency transportation service. Private ambulance companies weren't happy about the increased competition, but the program -- which Grijalva said was the first of its kind in the Bay Area -- could bring in up to $250,000 in annual revenue.

During his tenure, the department also began using its Web site to sell everything from $35 gym bags to $15 knit caps, all emblazoned with "Palo Alto Fire," reportedly making more than $15,000 a year.

Grijalva first gained widespread recognition in 1988 during the tragedy at ESL Inc. in Sunnyvale, where Richard Wade Farley killed seven people and injured four others. Grijalva negotiated with Farley, who is now on death row, for five hours, and eventually persuaded him to release other employee hostages and surrender.

After 16 years in Sunnyvale's Public Safety Department, Grijalva came to Palo Alto in 1990 as assistant fire chief. He became chief four years later.

Benest said Grijalva will remain Palo Alto's fire chief for another two or three months, at which point an interim fire chief will be named from within the department. He would not speculate about potential permanent successors, or say how or when the search for one would proceed.

Grijalva will earn $108,573 as state fire marshal, compared with his current salary of $160,000.

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