Code of Admin Procedures

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Questions and Answers

What should members do if they feel subjected to workplace discrimination or harassment?

  • Report the conduct to a supervisor or DDR. (correct)
  • Wait for the situation to resolve itself.
  • Confront the alleged perpetrator directly.
  • Ignore the incident and move on.

What action should supervisors take upon receiving a complaint about discrimination or harassment?

  • Report the conduct to the assigned DDRs and/or Professional Standards Office. (correct)
  • Handle the situation informally without reporting it.
  • Encourage the complainant to resolve it independently.
  • Consult with the member against whom the complaint was made.

Under what circumstance can a member be relieved from duty with pay?

  • When a member has a minor infraction.
  • In emergencies where the member refuses to obey orders. (correct)
  • If a member is not performing well.
  • If a member feels they are being treated unfairly.

Who must approve a member being relieved from duty?

<p>The Deputy Chief. (B)</p> Signup and view all the answers

Which entity governs the Department's Administrative Investigation Process?

<p>Chapter 143 of the Texas Local Government Code. (C)</p> Signup and view all the answers

What is the minimum notice period required before an interrogation can occur?

<p>48 hours (D)</p> Signup and view all the answers

In what scenario can a representative's participation during an interrogation be limited or stopped?

<p>If the representative hinders or compromises the interrogation (A)</p> Signup and view all the answers

Which of the following best describes the purpose of the Disciplinary Range Model?

<p>To provide a framework for determining appropriate disciplinary actions (B)</p> Signup and view all the answers

What should be considered when placing an infraction that is not listed in the disciplinary categories?

<p>The severity of the punishment in analogous misconduct (B)</p> Signup and view all the answers

What level of misconduct does Category 1 represent in the Disciplinary Range Model?

<p>The lowest level of misconduct (B)</p> Signup and view all the answers

What is the ultimate authority regarding disciplinary actions within the Fire Department?

<p>The Fire Chief (D)</p> Signup and view all the answers

Which of these factors may enhance a misconduct category to a higher level?

<p>Additional contextual factors surrounding the misconduct (B)</p> Signup and view all the answers

What is the primary responsibility of a member regarding their representative during an interview?

<p>To provide the representative with all pertinent information (C)</p> Signup and view all the answers

What happens if similar misconduct is repeated multiple times?

<p>It results in a progressively higher penalty range. (A)</p> Signup and view all the answers

What is the purpose of a consideration period in the disciplinary process?

<p>To consider previous sustained incidents for enhancing penalties. (A)</p> Signup and view all the answers

How should supervisors document minor infractions?

<p>Using the electronic Form 42 for written notes. (C)</p> Signup and view all the answers

What is the severity level of a Category One infraction?

<p>A minor rule violation typically handled at the supervisor level. (C)</p> Signup and view all the answers

What implications does supervisory input have on disciplinary actions?

<p>It can impact the determination of a disciplinary category. (C)</p> Signup and view all the answers

What differentiates a minor infraction from a disciplinary category violation?

<p>Minor infractions are low-level violations not requiring formal discipline. (B)</p> Signup and view all the answers

What is the maximum disciplinary category for serious misconduct?

<p>Category 5, which can include indefinite suspension. (A)</p> Signup and view all the answers

What is the main goal of keeping a written record of minor infractions?

<p>To have documentation for performance evaluation and discussion. (B)</p> Signup and view all the answers

What is the consequence for failure to pass the final probationary test?

<p>Termination from service (C)</p> Signup and view all the answers

Which of the following actions is classified as gross carelessness?

<p>Carelessly damaging equipment (D)</p> Signup and view all the answers

What action is required if a member is arrested?

<p>Notify the Fire Chief within 24 hours (D)</p> Signup and view all the answers

What is an example of a duty failure after a Performance Improvement Plan (PIP)?

<p>Failure to perform at minimum accepted performance standards (C)</p> Signup and view all the answers

What does the term 'relieved from duty for just cause' imply?

<p>Member is removed due to performance issues (A)</p> Signup and view all the answers

What is a violation regarding compliance in investigations?

<p>Failing to cooperate with an investigation (C)</p> Signup and view all the answers

What is required when there is a pending criminal investigation of a member?

<p>Written notification to the Fire Chief (D)</p> Signup and view all the answers

What happens if a member fails to notify their supervisor of their arrest?

<p>Potential suspension from duty (D)</p> Signup and view all the answers

What kind of behavior is classified as carelessness exposing citizens to danger?

<p>Neglecting to secure hazardous tools (C)</p> Signup and view all the answers

What should be submitted if a member works during their injury or sick leave?

<p>A Form 48 and/or 73 (C)</p> Signup and view all the answers

What is strictly prohibited while on duty or on department property?

<p>Engaging in political or religious arguments (C)</p> Signup and view all the answers

What action can lead to disciplinary action regarding department mail?

<p>Utilizing department mail for personal communication (C)</p> Signup and view all the answers

Which behavior is unacceptable while using computers on department property?

<p>Viewing pornographic or profane material (A)</p> Signup and view all the answers

Which of the following is a violation related to City email?

<p>Unauthorized use of City email distribution lists (C)</p> Signup and view all the answers

What is a consequence of stopping to perform non-response related actions while on an emergency call?

<p>Potential disciplinary actions (D)</p> Signup and view all the answers

Which guideline is breached by delayed response to emergency incidents?

<p>II-20 Emergency Protocols Guideline (C)</p> Signup and view all the answers

What must be done if a second incident is discovered while en route to an emergency?

<p>Notify OEC of the incident's details (C)</p> Signup and view all the answers

What is considered an improper use of department resources?

<p>Conducting personal business on shift (A)</p> Signup and view all the answers

What is the action taken by the Fire Chief in cases of temporary suspension?

<p>Complete formal investigation by PSO (D)</p> Signup and view all the answers

Which offense category is associated with a 10 to 15 day suspension on the third offense?

<p>AWOL for more than 2 hours (A)</p> Signup and view all the answers

What is the maximum duration of an indefinite suspension according to the disciplinary matrix?

<p>Indefinite until resolved (C)</p> Signup and view all the answers

What constitutes a Category 1 offense for a first violation?

<p>AWOL for less than 2 hours (D)</p> Signup and view all the answers

For which offense might an employee face indirect suspension on the fifth offense?

<p>Hazing behavior not related to protected status (C)</p> Signup and view all the answers

If a staff member fails to respectfully report conflicting orders for the second time, what is the likely disciplinary action?

<p>7-9 Days suspension (C)</p> Signup and view all the answers

Who is involved in an indefinite suspension investigation?

<p>The Fire Chief, HR, and Legal (A)</p> Signup and view all the answers

What is the consequence for a fourth offense of careless/neglectful performance of duty?

<p>Indefinite suspension (A)</p> Signup and view all the answers

Flashcards

Workplace Discrimination

When an employee feels they've experienced unfair treatment based on protected characteristics like race, gender, or religion.

Sexual Harassment

Unwelcome conduct of a sexual nature that creates a hostile work environment.

Administrative Investigation

The process of formally examining a complaint of discrimination or harassment.

Designated Department Representative (DDR)

A designated person responsible for handling discrimination and harassment reports within a department.

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Relief of Duty

A process where an employee can be temporarily removed from duty for serious misconduct or inability to perform their job.

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Disciplinary Process

A process where a supervisor determines the appropriate disciplinary action based on the seriousness of the misconduct.

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Disciplinary Range Model

A framework used by supervisors to guide disciplinary decisions, ensuring fairness and consistency in punishments.

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Misconduct

Actions that violate department rules or procedures, categorized based on their severity.

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Category 1

The lowest level of misconduct, which may involve minor infractions or first offenses.

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Representative

An individual representing a member during an interview or interrogation related to a formal complaint or investigation.

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Right to Representation

The right of a member to have a representative present during an investigation that could lead to disciplinary action.

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Member's Responsibility

A member's obligation to notify their representative about the details of the investigation, including the location, time, and relevant documents.

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Limited or Stopped Participation

A situation where the participation of a representative is restricted or stopped if their actions hinder the investigation.

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Category One (1) Infractions

Minor infractions, often first occurrences, handled at the supervisor level. Documentation kept, but not necessarily formal correspondence. Supervisor uses electronic Form 42 for notes and discussions. This type of documentation and discussion does not constitute discipline.

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Consideration Period

Previous incidents of similar misconduct are considered when determining the severity of the current offense. The consideration period begins on the day the Department served the employee with discipline for the prior infraction.

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Disciplinary Categories (1-5)

A system for escalating disciplinary actions based on the seriousness of the misconduct and the number of previous offenses. Category 5, the highest, results in indefinite suspension of employment.

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Electronic Form 42

A written record of minor infractions, kept by supervisors, using electronic Form 42. This documentation includes both positive and negative notes, events, and incidents.

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Disciplinary Action

Documented misconduct, ranging from minor infractions to serious violations. The type of discipline imposed depends on the severity of the infraction and the employee's history.

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Disciplinary Range

A range of disciplinary measures within each category, determined by the circumstances of the violation. The supervisor's input can influence the final decision.

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Professional Standards Office

The Department's office responsible for handling disciplinary actions that go beyond the supervisor level. They receive cases after other methods have been exhausted or when progressive discipline is required.

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Progressive Discipline

Repeated or escalating misconduct resulting in progressively higher penalties. The goal is to provide employees with opportunities to correct their behavior before facing severe consequences.

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Job Knowledge Deficiency

Failure to maintain required certifications, standards, and job knowledge for their position.

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Unsatisfactory Performance After PIP

Not meeting the minimum performance standards after a Performance Improvement Plan (PIP).

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Refusal to Perform Higher Duty

Refusing to perform duties of a higher position when ordered by a superior.

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Careless Endangerment

Carelessly exposing citizens or members to danger due to negligence.

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Carelessness Leading to Injury

Negligence or reckless behavior resulting in injury to citizens or members.

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Relieved from Duty (Non-Emergency)

Being relieved from duty for just cause in a non-emergency situation.

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Relieved from Duty (Emergency)

Being relieved from duty for just cause during an emergency incident or setting.

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Failure to Notify Absence

Failure to inform the Department Supervisor about an absence from the place of confinement.

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Failure to Submit Forms (Injury/Illness)

Not complying with the procedures for submitting forms related to injury or illness.

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Extra Employment on Leave

Working a side job while on injury or sick leave.

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Unauthorized City Email Use

Using a City of Houston email for personal matters or non-departmental purposes.

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Neglecting COH Email

Failing to check your City of Houston email while on duty, even if it's not work-related.

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Unauthorized Mail Use

Using departmental mail for purposes outside of official department business.

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Political/Religious Arguments

Engaging in discussions about politics or religion while on duty, on Fire Department property, or when representing the department.

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Inappropriate Images on Duty

Browsing, possessing, or displaying inappropriate content on department property or while on duty. This includes explicit imagery, sexually suggestive material, or anything considered offensive.

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Delayed Emergency Response

Delaying the response time to an emergency incident, which could put public safety at risk.

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Non-Response Activities During Emergency

Engaging in activities unrelated to the emergency incident while responding to a call. This could include stopping for personal reasons or conducting non-essential tasks.

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Not Reporting Second Incident

Failing to inform the Operations Emergency Center about the nature and location of a second incident discovered while en route to the original emergency.

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Temporary Suspension

A temporary removal from duty for disciplinary reasons, usually pending an investigation.

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Formal Investigation

A formal process to gather evidence and determine if disciplinary action is warranted.

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Investigating Official (IO)

The person responsible for conducting a disciplinary investigation.

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Involuntary Demotion

A disciplinary action where an employee is permanently removed from their position. This could be due to severe misconduct.

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Suspension (Indefinite)

A disciplinary action that can range from a few days to several months, based on the severity of the offense.

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Disciplinary Matrix

A disciplinary matrix used by the Houston Fire Department to determine the appropriate disciplinary action for various offenses based on the offense's severity and number of occurrences.

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Category 1 Offense

A disciplinary level in the Houston Fire Department's Disciplinary Matrix, for offenses that are considered less serious or first-time offenses.

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In-Lieu of Suspension

A type of disciplinary action where an employee can be placed on paid leave for a specific period.

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Study Notes

Houston Fire Department Code of Administrative Procedure

  • This document outlines the procedures for administrative actions, including interaction, investigations, and disciplinary responses for classified employees.
  • It covers informal and formal procedures.
  • It's based on the rules and regulations of the Houston Fire Department, city ordinances, laws at the state and federal level.
  • Officers are responsible for their conduct and the conduct of subordinates.

Definitions

  • Coaching: Guidance toward proper action.
  • Corrective Action: Measures to improve work habits.
  • Counseling: Advice to help members make decisions
  • Form 34: Personnel form for formal counseling, permanently stored in files.
  • Form 42: Personnel form for documenting personal data, leaves, and other information. Complaints of discrimination and similar matters are not documented on this form.
  • Indefinite Suspension: Suspension for an unspecified length of time due to civil service violations, department rules, or other laws.
  • Informal Discussions: Informal meetings to resolve problems.
  • Policy Awareness Program (PAP): Program to address issues without formal complaints.
  • Relieved of Duty: Removal from duty due to dereliction of duty or other offenses; can be with or without pay.
  • Temporary Suspension: Temporary absence from duty for disciplinary reasons.

Supervisory Interaction

  • Informal Procedures: Coaching, informal counseling and motivating are the first steps to correct behavior.
  • Documented Sessions (Form 42): If informal methods don't work, a documented session occurs between the officer, a witness, and the employee.
  • Formal Procedures: Formal counseling and performance improvement plans are used for persistent issues.
  • Formal Counseling (Form 34): A formal process for addressing performance concerns.
  • Performance Improvement Plan (PIP): Used when more intervention is necessary to bring performance up to standard.

Administrative Investigation Process

  • The investigation process is governed by the Texas Local Government Code, Chapter 143.
  • Complains must include a detailed account of events.
  • Investigators must issue written notification to the employee if the investigation could become a criminal matter; otherwise, the employee is given a written notification of the investigation nature and the individuals involved within 30 days of the complaint.
  • The employee has a right to a representative during the interview process.
  • A 48-hour notice is required before an investigation to allow the employee time to prepare.

Disciplinary Categories and Range Model

  • Discipline is categorized based on the severity and history of infractions.
  • Includes five categories, starting with minor and progressing to indefinite suspension and/or demotion.
  • Supervisors should consider consistent application when making recommendations.
  • Factors to consider in determining disciplinary action or appropriate category include performance history, severity of infraction, degree of culpability.

Assigned Categories for Violations

  • Details specific responses to different infractions or rule violations.

Forms and References

  • Includes checklists, summaries, reference sheets, and disciplinary matrices.
  • These forms facilitate the documentation of steps.

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