A Miami Beach lifeguard tower. File photo by Richard M. Brooks.

Treading Water
Miami Beach Lifeguard and Union Vice President's Swim Test Results Highlight Vague Performance Standards

By Lee Molloy

Vice President of the Communication Workers of America (CWA) union and Miami Beach Lifeguard Joseph Fisher has had trouble passing his swim test, at least according to an internal city memo sent to City Commissioner Ed Tobin on July 10.

Tobin requested the information from City Manager Jorge Gonzalez when Fisher came before the July 7 Miami Beach Finance and Citywide Projects Committee during a heated budget discussion and (as Tobin put it), “beat the public safety drum” as a justification for maintaining union salary levels.

“I knew that he was water-challenged,” Tobin said, “and that he had a lot of trouble swimming.”

Tobin asked Fisher about his poor swim test record, and Fisher told him that it wasn’t true because he had only failed the swim test once.

“To double check, I requested the swim record,” Tobin said.

The Ocean Rescue Division provided the information to City Manager Jorge Gonzalez, who in turn crafted the memo, which shows that for the past three years, Fisher has had trouble passing, or has failed to complete, the swim test of 550 yards in less than 10 minutes as required by the United States Lifesaving Association (USLA).

He failed his first two attempts at the annual test in 2007, before passing his third attempt on June 6. He hasn’t passed another test since.

What the memo doesn’t mention, however, is that the requirement is not found anywhere in the official job description of any level of lifeguard personnel.

According to Human Resources records, lifeguards are only specifically required to have current certification in Red Cross Lifeguard Training, which has a less stringent swimming standard than the USLA.

Although the department is a member of the organization, Miami Beach Ocean Rescue is not a USLA certified agency — so as far as the USLA is concerned, Miami Beach lifeguards do not have to meet their standards.

“The USLA certification is voluntary,” USLA Media Liaison, Tom Gill said. “It is really up to the municipalities.”

Gill went on to explain that in accordance with their rules, a lifeguard could retake the swim test multiple times, but would not be able to work until passing.

He added that due to increased competition in a faltering economy “many beaches around the country have raised their standards to a 9 minute” maximum time for 550 yards, Gill said.

According to Fire Chief Eric Yuhr, under whose command Ocean Rescue ultimately falls, the USLA standard has never actually been codified by the city because of complications that would arise with contractual and bargaining issues.

However, Yuhr explained the USLA requirement mentioned in the city manager’s memo was actually laid out in a previous memo dated Jan. 31 2000, written by Operations Supervisor Hank Oppenborn and distributed to all Ocean Rescue personnel - then known as the Beach Patrol Division.

“This year and every calendar year hereafter all lifeguard personnel will have to pass a 550-yard swim in under 10 minutes,” states Oppenborn’s memo.

Fisher also received several chances to pass.

Although the city manager’s memo claims that it is not common procedure, “as a part of his remedial training” Fisher was also allowed to take “practice tests” leading up to the test.

Yuhr told The Lead that the department does allow employees to get back up to speed.

“If you don’t pass, we work with you,” Yuhr said. “You can bring fitness and muscle memory back to that standard in not too long a time.”

The Oppenborn memo confirms that lifeguards who fail the test “will be required to do remedial training.”

In 2007, Fisher passed the test on his third attempt, however just one month later he failed again — he was tested as a part of the application process for a promotion to Ocean Rescue Lieutenant.

“He did not pass that test,” Human Resources Director Rimaro Inguanzo said. “Based on that, he was not afforded the opportunity to make lieutenant’s rank.”

In 2008, Fisher missed his scheduled swim test and, in what appears to be a failure on the part of management, was not rescheduled to take it. However, the Oppenborn memo clearly states that the swim test is mandatory and that “no one will escape doing it.”

This year, Fisher failed to show up for his March 3 swim test at the Scott Rakow Youth Center, reportedly on scheduled “union leave” while carrying out functions in his capacity as the vice president of the CWA. Fisher then subsequently missed four make-up dates. 

He has another opportunity to take the test at the Youth Center on July 22 at 9 a.m.

In the meantime, Tobin says politics has nothing to do with his motivation for requesting the memo.

It has long been “common knowledge around the city that he is not a proficient swimmer,” Tobin told The Lead, adding that with a $300 million pension liability and impending budget crisis, the city simply can’t afford to pay a lifeguard that “can’t swim.”

Fisher did not respond to messages left by The Lead.

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