TFD Disciplinary Policy Overview

Overview

• This document outlines the TFD's disciplinary policy for all employees.
• Procedures included address intradepartmental issues, supervisory discipline, investigations, reprimands, administrative leave, the IAB, and disciplinary actions like suspension or termination.
• The policy applies to all TFD personnel, both uniformed and civilian.
• It supersedes earlier versions.

Associated Forms

• Notice of Intent to Discipline
• Garrity Warning
• Consent for Audio Recording

Related Policies

• TFD Policy 1003: EEO/Anti-Harassment and Anti-Discrimination
• TFD Policy 1010: Counseling
• Collective bargaining agreements with Local 31, Local 120, Local 160, and/or Local 483

Responsibilities

• The Fire Chief appoints IAB members and makes disciplinary decisions regarding suspension, demotion, and termination.
• The Deputy Chief of Administration maintains the document.
• Officers/Supervisors investigate misconduct allegations and take action.
• The Office Manager ensures access to materials used for disciplinary actions.
• Every TFD employee is responsible for their own behavior and actions, and should understand their corresponding rights within the policy.

Definitions

• Allegation: A claim that an employee violated a Department or City policy, procedure, law, or performance standard.
• Administrative Leave: Removing an individual when their presence is not in the best interest of the individual or the Department, placing them on paid temporary leave.
• Bureau Chief: Person in charge of overseeing one of TFD’s two Bureaus: Operations or Administration
• Charge: A conclusion that an employee committed a specific violation of policy, procedure, law, or performance standard.
• Chief Officer: Fire Chief, Deputy Fire Chiefs, Assistant Fire Chiefs, Medical Services Officer, and/or Battalion Chiefs.
• Discharge: Termination of employment due to significant, multiple, or recurring charges by an employee.
• Garrity Warning: Notifies employees of the legal consequences of answering or refusing to answer questions during a disciplinary hearing.
• Specific language used in a Garrity Warning advises that questioning relates to official duties, an entitlement to rights, and the potential for departmental charges or dismissal for refusal to testify.
• It states also that statements cannot be used in subsequent criminal proceeding, but these may be used against you in relation to subsequent departmental charges.
• All members shall testify truthfully in all statements to the Internal Advisory Board
• Failing to do so constitutes separate grounds for discipline, up to and including dismissal.
• Interoffice Memo: A written inter/intradepartmental communication.
• Investigation: A fact-finding process in response to an allegation by and/or against an employee(s).
• Oral Reprimand: The lowest level of discipline.
• It is a conversation between a supervisor and employee addressing violations, intending to change behavior with a warning.
• Pre-disciplinary Process: The required process for all disciplinary actions that may result in suspension, demotion, or termination.
• Progressive Discipline: An escalating disciplinary approach that focuses on correcting behavior and emphasizes personal responsibility.
• The level of discipline is the lowest level needed to change behavior unless continued employment ceases to be appropriate.
• Suspension Without Pay: A disciplinary action to stop income as a consequence of significant, multiple or reoccurring charge(s),
• Temporary or Permanent Demotion: Reassigning an employee to a lower rank or pay status due to serious or repeated charges.
• Weingarten Rights: A represented worker has the right to have a representative of their choice present at an investigational meeting that the employee believes could lead to discipline.
• The representative assists with the employee's narrative and ensures there investigator does not take inappropriate actions or engage in inappropriate behavior.
• Working Days: Monday through Friday, 0800 to 1700 hours, excluding holidays.
• Written Reprimand: The second level of discipline.
• It includes specific actions to correct or change behavior.

References

• City of Tacoma Personnel Management Policy 125
• Tacoma Municipal Code, Sections 1.24.940 and 1.24.955
• City of Tacoma Joint Labor Master Agreement
• City of Tacoma Personnel Management Policy 130

General Rules

• Employee discipline aims to be corrective, educational, lawful, and progressive when appropriate.
• Employees can be disciplined or discharged for just cause and due process, based on the severity of the offense and prior record, as per TMC sections 1.24.940 and 1.24.955.
• Probationary and appointive personnel ("at will" employees) can be disciplined, demoted, or terminated at the Fire Chief's discretion.
• Collective bargaining and state/federal laws will be followed.

Departmental Philosophy

• The TFD philosophy addresses performance by communicating regularly to solve problems early, recognizing good work, correcting issues at the lowest level, and using progressive discipline.

Departmental Approach to Discipline

• Department disciplinary procedures are created using PMP 125, collective bargaining agreements, and the Labor-Management Master Agreement.
• Corrective action is used when work performance, conduct, attendance or reliability problems arise. Formal action comes after counseling if needed.
• Assistance from a supervisor should be sought if uncertainty about actions to take arises.
• Progressive discipline is used when appropriate to change performance or behavior.
• Fair, equitable, and lasting performance correction is achieved through personal and professional communication.
• More stringent actions or termination may be required for major or repeated issues and serious offenses, including considering severity, repetition, previous discipline and the need to effect behavioral change.
• Employees can have representation during investigations that may lead to discipline.
• A Chief Officer can put an employee on administrative leave, if their presence could lead to detrimental consequences or public harm.
• The IAB can investigate and give the Fire Chief a recommendation.
• The Fire Chief is authorized to direct action or implement additional measures.

IAB Details

• The Fire Chief or Deputy Chief may call an IAB meeting, or the IAB may handle issues when other actions have failed or based on the issue's severity.
• With appropriate charges, the Board will recommend action to the Fire Chief.
• Typically, the IAB includes TFD Deputy and Assistant Chiefs, HR reps, and the City Attorney's Office, and the Fire Chief can include others.
• The Department will notify the Union when an employee will appear before the IAB, has received a notice of intent to discipline, or has had charges filed.
• Reviewing personnel issues, investigating problems, and related allegations are all included in the mission of the IAB.
• Meeting participants will receive a Garrity Warning read to them because the IAB meeting is an investigatory meeting in which employees will be required to answer questions that could result in disciplinary action and their Weingarten Rights will be observed.
• Fact-finding, not legal argument or cross-examination, happen during IAB hearings, as witnesses and documents may be reviewed by the Board at its discretion.

Pre-Disciplinary Process

• The pre-disciplinary process is followed for personnel actions including pay loss, suspension, demotion, or termination, but excludes probationary or appointive employees.
• Refer to collective bargaining agreements, TMC 1.24.955, and/or City PMP 125 for non-represented personnel variations.
• The Fire Chief will issue the Notice of Intent to Discipline, if needed.
• Employees can appeal the Notice to the Fire Chief, in writing or person, within 10 calendar days, specifying contested charges and reasons.
• At an employee-requested meeting, the Fire Chief will see the employee, a selected representative, and other personnel considered appropriate by the Fire Chief.
• The Department will adhere to employee collective bargaining agreement, as applicable, and to City policies to determine the pre-disciplinary process, following a Notice of Intent to Discipline.
• Written records, reports, documents, and items related to the charges will be available to both the employee and their representative a minimum of 72 hours before the pre-disciplinary hearing.
• The pre-disciplinary hearing date must be no less than 10 working days after the employee was notified, unless a written waiver is obtained by the employee, the Union, and/or administration.
• The Department may place an employee on paid administrative leave.
• Employees could encounter issues including the well-being, protection, or interests or the individual(s), unit, division, Department, City, or the public.
• Employees put on administrative leave are assigned to the 8-hour day shift, Monday through Friday, 0800 to 1700 hours, and must remain at their residence to allow issues to be resolved in a timely manner; they are also expected to be available during those times. The employee may make alternate arrangements as to where they can be contacted with the permission of a Deputy Chief.
• Only the Fire Chief or his/her designee can release an employee from duty or other leave after administrative leave placement.

Documentation Guidelines

• No disciplinary document may be placed in a personnel file until the employee has been notified and given a copy.

• When violations are determined, specific written charges are documented to indicate any violated City or Department policy, procedure, etc.

• Documents related to disciplinary actions remain in the employee's Department file permanently, unless removed by the Deputy Chief and Fire Chief.

• The employee can use a rebuttal statement regarding a disciplinary decision in both Department and City personnel files.

• An EAP statement is included for counseling services for those who may have personal issues that affect their job performance: contact the EAP at 1-800-777-4114.

• Copies of the following documents shall be placed in an employee’s City personnel file:

• Notification to the employee and/or his/her representative regarding Notice of Intent to Discipline.

• A notice that contains any final disciplinary decision issued by the Fire Chief, including decisions to not file charges.

• If there are Rebuttal statements made from the disciplined employee

• Copies of the following documents shall be placed in the City or Department personnel file:

• Notification to the employee and/or his/her representative regarding Notice of Intent to Discipline.

• A notice that contains any final disciplinary decision issued by the Fire Chief, including decisions to not file charges.

• Written documentation of oral reprimands.

• Copies of written reprimands.

• If there is any written correspondence with the employee’s Union.

• If there are any Rebuttal statements made from the disciplined employee.

• After one year, an employee can ask the Fire Chief to remove written record of an oral reprimand from their Department file.

Handling Intradepartmental Employee Problems

• Supervisors should try and lessen problems amongst any two employees, wherever possible.
• Employees can attempt to resolve conflicts with others of the same or different rank.
• For discrimination or harassment instances, refer to TFD Administration Policy 1003: EEO Anti-Harassment and Anti-Discrimination.
• The following are guidelines for resolving problems between Department members:
• Employees should seek advice from supervisors, TFD EEO officers, or Union officials, discerning the difference between asking for advice and gossiping.
• Find a good time to speak to the other employee. To increase the chances of successfully changing behavior, wait for a time when both parties can talk and listen well.
• The goal should be to assist the other person to be a better employee.
• Be prepared to clearly communicate problems, issues, and concerns.
• Know the other person may react with emotion.
• Be prepared and open to listening to the other person’s perspective.
• Give the other party time to process what has been stated before they are ready to accept the advice.
• The concerned employees should not make the problem worse with demands for any colleague to adhere or accept any suggestions.
• If further action must happen, seek help from a shared supervisor

Supervisory Level Discipline

• All employees should not discuss incidents or events under investigation or disciplinary review with others, except when carrying out official duties or where permitted by applicable law.
• The following guidelines apply to supervisors when handling disciplinary matters:
• For minor actions of undesirable behavior, consider the counseling process in Policy 1010, Section 6.
• Attempt to handle the issue at the lowest level, with the following exceptions:
• Refer situations involving potential or confirmed discrimination, harassment, workplace violence or retaliation, refer to TFD Policy 1003 or to an EEO officer.
• For issues involving suspected criminal activity, multiple or repeat offenses, those on probation, or where you must need guidance, contact your supervisor.
• Take steps to curtail inappropriate behavior by: Addressing any bad behavior, investigating misconduct allegations, seeking guidance, choosing disciplinary methods, documenting the behavior and action, issuing discipline, forwarding documentation, and monitoring behavior for a minimum of six months.
• Supervisors need to resolve issues at their level, except as in noted exceptions, and in an appropriate manner.
• Give the Deputy/Assistant Chief notice of any complaints outside of the Department.
• Seek guidance from your supervisor, as well any information about past disciplinary actions of the alleged actor.
• Investigate the situation by:
  • Interview people who brought the allegation.
  • Interview the people the alleged inappropriate behavior.
  • The Weingarten Rights may be applicable here.
  • Interview witnesses if needed.
  • Always respect confidentiality and be discreet.
• Contact the Deputy/Assistant Chief, through the chain of command, if a written allegation is made.
• Tell your supervisor of the facts and course of action.
• Document the information gained when the issue was noticed, and steps done during the process.
• Document appropriate with the seriousness of the situation.
• Re-evaluate the level of supervision when issues come to the forefront.
• If you are in doubt, seek guidance from the supervisor.
• Determine and execute a course of action based on the facts, which may not involve disciplinary action necessarily.
• Make the employee conscious of the Employee Assistance Program (EAP).
• If a disciplinary action is taken, monitor the actions over a minimum of six months to make sure the behavior ceased. The situation may demand more frequent checking in.
• When the method of progressive discipline does not stop the behavior, report the issue to the supervisor to seek guidance.

If you are a Chief Officer on the receiving end of needing discipline:

• Assign a supervisor to handle the issue or do a preliminary investigation and action.
• Initiate an IAB if necessary.

Instructions for Investigations

• Supervisors investigate potential issues brought to their attention, including issues or inappropriate behavior.
• Employees being interviewed have the right to have a representative present if disciplinary action may occur. This is to help him/her in the regard to possible disciplinary action that could arise.
• If an employee refuses to answer questions for an investigation, the chain of command and Deputy/Assistant Chief are used in the matter,
• Supervisors can demand written statements for investigations when serious violations may have arose.
• The supervisor may want to consult to determine what the is the most appropriate course of action.

How to Issue an Oral Reprimand

• Seeking assistance from a supervisor or peer may be wise.
• Prepare relevant documents for the session and describe the specific performance issues needing clarification.
• Only speak in private.
• The disciplinary supervisor should: inform the employee that they are receiving an oral reprimand specifically, describe the concern clearly, refer to casual conversations or counseling, tell them the change expected, confirm they are aware of the expectation, indicate confidence that it will be done, if there will be documentation, and present the documentation for acknowledgement. .
• Reminding them regarding the Employee Assistance Program (EAP).
• Allow opportunities to put a statement in the City and Department personnel file if they disagree with the content.
• An employee questioned more or offered to respond to issues may have a representative.
• The employee must sign, read, and date the documentation.
• A signed statement only acknowledges the document, but not the content.
• The issuing supervisor and employee should keep copies of all the writing, and the supervisor will give a copy to the Deputy Chief on the chain of command.
• An employee can put a written rebuttal statement in all personnel files regarding the disciplinary action, being ensured through the Deputy Chief and the documenting.

How to Give a Written Reprimand

• Ask a supervisor or peer for assistance, when practical and needed.
• Make a memo style, to all including the listed:
• A summary and description of the unacceptable behavior
• Refer to former counseling, discipline and or conversations on this
• Describe the exact behavioral changes needed
• If there is a timeline to make expected changed
• State the consequences of non-compliance
• Information regarding documentation in City or Department files
• Notes regarding the availability of EAP
• A private conversation with the employee
• Inform the employee that they are receiving this in a specific manner.
• Address any items noted in the written reprimand more specifically (point 10.2 above.)
• Explain expected behaviors for an employee
• Insure the employee grasps the goal and understands it.
• Present information regarding the EAP availability.
• Indicate confidence that the employee can and will want to make changes.
• Documentation and written reprimands with personnel files.
• Ask and show the employee all documentation for their signatures.
• Let them know they can put a file in all files if they'd like.
• An employee can bring representation or explain to be questioned.
• The employee must still sign and date to sign for this.

Instructions for Putting Personnel on Administrative Leave

• The officer involved must inform an employee that they are on administrative leave.
• A careful documentation is to be recorded on why the continued attendance is not okay for them at that time.
• Inform the appropriate Deputy / Assistant Chief with more verbal steps.
• Inform the City Attorney, Fire Chief, and HR Director.
• All past actions by the Fire Chief or officer must indicate these action if on administrative leave.

Steps, Directions and Notes for an IAB

• Staffing is brought to attention under a Deputy Chief and then investigated
• A chief of certain position can recommend that an IAB is convened or assembled.
• The board chair needs to acknowledge and read Garrity Warnings, especially during investigations that may revolve around the criminal activity.
• The IAB Chair must remember to schedule meetings, tell member and the union involved, inform them of being there and schedule dates to have Witnesses who will testify the board.
• All meetings are recorded in audio, those who do not grant consent will not have recording done.
• An IAB hearing can include the order of:
• The Chair will apprise the board, sharing the process and relevant documents
• The Board interviews anyone.
• To explain to them the purpose, the recommended action and the final decision, and/or appropriateness
• Swear in or read out any text made from past employee data.
• Place all forms to describe an understanding that what actions must transpire.
• They must affirm the Garrity. They must stop the process once determined that certain people must stop.
• Anyone can assist deliberations or answers questions, at what the board decides. Action is decided and acted upon.
• The action of the employees can be added to for the fire chief, as well as written. . The fire chief will decide.

Final Decisions

• The fire chief discusses, as well give any recommendation or if applicable. This includes if the person is exonerated or oral is given. The IAB Chair will notify a certain amount of the correct position and any type of given notification will follow by the union. All meeting with the employee is completed because all of data and city are in good condition to file and will be given.
• All documentation regarding the city personnel or employee is give by the employee union only.
• If action is taken; this documentation will be in section 13.