D-62

Philadelphia Fire Department Directive #62: Dating/Fraternization/Nepotism Policy

• Issued in May 2015
• Aims to encourage sincere working relationships among coworkers at all levels while avoiding conflicts of interest and uncomfortable work environments
• Recognizes the rights of employees to have personal relationships, so long as they don't negatively impact department operations.
• Relationships interfering with teamwork, service readiness, or productivity will be addressed through corrective or disciplinary measures.
• If you're a uniformed officer, acting officer, or in a managerial/supervisory role, consider relationships with subordinates as favoritism, misuse of authority, or sexual harassment.
• Perceptions of favoritism/misuse can exist even with employees at different ranks not in the same chain of command
• Consensual relationships can still cause gossip, hard feelings, and distractions
• Relationships may appear as misuse of position and affect emergency services leading to sexual harassment charges or retaliation, even years later

Definitions

• Personal Relationship: A mutually consensual relationship including dating, romance, or sex; must be ongoing.
• Family Relationship: Includes spouse, mother, father, son, daughter, aunt, uncle, first cousin, niece, nephew, brother, sister, in-laws, step and half-relatives.
• Fraternization: A personal relationship or conduct that gives the appearance of such a relationship between employees.
• Reporting Employee: Personnel who report directly or through the chain of command to supervisory personnel (e.g., FSEs, FSPs, and Firefighters reporting to Company Officers and EMS Field Supervisors).
• Supervisor: Includes uniformed Officers, assigned acting Officers, preceptor personnel, instructors, and non-uniformed managers or supervisors.

Responsibilities

• The policy intends to avoid negative consequences from family/romantic relationships between officers/supervisors and reporting employees
• Employees must exercise appropriate control based on rank when implementing the directive
• No employee can participate in appointment, assignment, promotion, or evaluation of someone with whom they have a family/personal relationship.
• If a transfer creates a reporting conflict from a past relationship, the higher-ranking employee must notify the Fire Department Human Resources Manager immediately in writing or via e-mail.
• Employees cannot seek assignments placing them under the supervision of a relative or department employee with whom they have a personal relationship.
• Managers/supervisors can not knowingly make a permanent job assignment that would create a reporting relationship violating this directive.
• Managers/supervisors must report personal or family relationships with a subordinate employee to the Fire Department Human Resources Manager in writing or via email.
• If employees of equal rank at the same station or unit develop a personal or family relationship, both must report it to the Fire Department Human Resources Manager.
• Both employees in a personal/family relationship must disclose it; supervisors are held to a higher standard and failure to report is a lapse in workplace management leading to disciplinary action and possible termination.
• Employees with questions about what constitutes a close relationship should consult the Fire Department Human Resources Manager.

Supervisors' Responsibilities

• Upon learning of a reportable relationship:
  • Notify employees of the need to disclose
  • Assist in completing the disclosure notification
  • Follow up with Human Resources Manager to ensure proper documentation
• Failure to comply can result in disciplinary action, including termination.

Fire Department Human Resources Manager's Duty

• Maintain strict confidentiality and only share info about employee relationships with city officials who need to know
• Notify the Fire Commissioner of relationships creating a reporting conflict or involving equal-rank employees at the same station/unit
• Assist in investigations requested by the Commissioner, consult with the union and involved employees, and implement corrective measures.

General Information

• Upon disclosure or learning of a violating relationship, the Fire Commissioner will decide on actions, including transfer or reassignment.
• The Fire Commissioner can transfer/reassign an employee to prevent relatives/those in relationships from serving on the same shift at the same station/unit.
• If a higher-level supervisor/manager is in a relationship with a subordinate, one may be reassigned to avoid a reporting conflict.
• Transfer/reassignment decisions will involve consulting the union and considering employee preferences, but will be based on departmental needs and vacancies.
• The Fire Commissioner can request an exemption from a committee (consisting of the City’s Managing Director, City Solicitor, the Director of Human Resources, the Director of the Mayor’s Office of Labor Relations, and the President of the IAFF Local 22) to allow a violating reporting relationship to continue if operational needs limit the ability to eliminate it
• The request must detail the business necessity, duration, and controls to reduce contact and conflicts of interest.
• Exemptions can last no longer than one year and may be reviewed and renewed annually by the committee.

Standard of Conduct

• The directive doesn't prohibit personal/romantic relationships among coworkers, but employees must avoid the appearance/actual conflict of interest between professional duties and personal/family relationships to maintain public trust and workplace safety.
• Employees in personal/family relationships must:
  • Behave professionally in the workplace, in uniform, and while performing work, refraining from inappropriate exchanges or sexual comments
  • Refrain from public displays of affection or inappropriate physical contact in the workplace while in uniform or working for the City
  • Ensure relationships do not negatively impact job performance, the work environment, or supervisory abilities

Guidelines

• The directive applies to all defined family relationships and all personal relationships between employees.
• Is designed not to conflict with City/Department policies on discipline/sexual harassment, Fire Department Directives #25/#58, City policies on nepotism (Executive Order 1-11), and sexual harassment (Executive Order 4-11).
• Is designed not to limit the City's/Commissioner's discretion under bargaining agreements to manage Fire Department operations and the workforce.
• All Fire Department employees must acknowledge in writing that they have received a copy of this policy.

Penalties

• Failure of employees (firefighters, Paramedics, EMTs) to report a relationship:
  • First offense: Letter of reprimand to 48-hour suspension
  • Second offense: 96-hour suspension
  • Third offense: Termination
• Failure of a supervisor to report:
  • First offense: 24-60 hour suspension
  • Second offense: 160-hour suspension
  • Third offense: Termination
• The reckoning period for offenses is five years.

Forms Required

Directive #62 receipt form