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SOP 31-33

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Which of the following is NOT an example of unlawful harassment according to the text?

Complimenting a coworker on their professional attire

If an employee is found to have violated the County's policy against unlawful harassment, what is a possible consequence?

Termination of employment

Which of the following is considered a protected characteristic under the County's policy?

Marital status

Who is responsible for maintaining a workplace free of unlawful harassment?

All personnel

Which of the following laws is NOT mentioned in the text as potentially being violated by unlawful harassment?

The Equal Pay Act of 1963

What is the County's commitment regarding complaints of unlawful harassment?

To promptly and thoroughly investigate all complaints

What is the primary concern of the St.Johns County Board of County Commissioners regarding substance abuse?

To protect the health and safety of its employees and the general public

According to the policy, what is the first step toward eliminating substance abuse?

Providing employees with information to understand and recognize substance abuse

Which of the following laws or regulations are mentioned as the basis for the St.Johns County Drug and Alcohol Policy?

All of the above

Who is required to read and sign the "Drug Testing Policy – Certificate of Acknowledgement" form?

Both a and b

Where can the full version of the St.Johns County Drug and Alcohol Testing Policy be found?

Both a and b

What is the purpose of the St.Johns County Fire Rescue personnel's requirement to conduct themselves in a highly self-disciplined manner?

To protect the health and safety of the community

According to the policy, what are the potential costs of substance abuse in the workplace?

Emotional, safety, productivity, and profitability costs

When are employees covered by a collective bargaining agreement required to comply with the provisions of the Drug and Alcohol Policy?

Regardless of the collective bargaining relationship, as mandated by State or Federal law

What is the purpose of the Workers' Compensation premium discount and irrefutable presumption of intoxication mentioned in the policy?

To protect the County from liability for on-the-job injuries caused by intoxicated employees

What is the effective date of the St.Johns County Drug and Alcohol Testing Policy for employees not covered by a collective bargaining agreement?

August 23, 2007

What defines conduct as sexual harassment according to the text?

Unwanted sexual advances, requests, or conduct of a sexual nature

What is considered conduct that creates a hostile work environment?

Conduct with the purpose or effect of creating a hostile or offensive work environment

What are some examples of conduct that may constitute violations of the County's policy prohibiting sexual harassment?

Sexually oriented kidding, teasing, or practical jokes

Who is responsible for immediately notifying the Personnel Services Department of any complaints of harassment?

All managers and supervisors

What type of conduct may constitute an intimidating, hostile, or offensive working environment?

Epithets, slurs, and negative stereotyping related to personal characteristics

Which of the following is NOT mentioned as unwelcome behavior that could lead to sexual harassment?

Kind and supportive gestures towards coworkers

What is one type of physical contact that may constitute a violation of the County's policy prohibiting sexual harassment?

Brushing against another's body

What might happen to someone who violates the County's policy prohibiting unlawful harassment?

'Immediate and appropriate disciplinary action up to and including discharge'

'Submission to the conduct is an explicit or implicit term or condition of employment or continued employment.' What does this statement refer to according to the text?

'Agreeing to unwelcome conduct is a requirement for employment'

What would be classified as abusive conduct directed at a person based upon their gender?

Using abusive or intimidating conduct directed at them based upon their gender

What is the primary function of legal counsel for a member in disciplinary actions resulting from alleged criminal activity?

To advise the member, but not to answer for them

What must be completed before formal action is taken on an accusation of misconduct or complaint involving Department personnel?

A thorough investigation

Who is responsible for assigning an investigating officer for accusations or complaints of criminal misconduct?

The Fire Rescue Chief or designee

What is the purpose of reviewing an employee's history as part of an investigative report?

All of the above

What is the consequence for a member who fails to answer questions completely and truthfully that are related to their duties or fitness for duty?

Disciplinary action

When can supervisors inspect or search lockers, desks, etc. furnished by the Department for the use of personnel?

If reasonable grounds for suspicion exist

What must be included in the investigative report before it will be considered complete?

A summary of the incident, interviews conducted, employee history, conclusions, and recommendations

What must a member be advised of before an administrative interview in an investigation involving a criminal matter?

That they have the right to Union representation, the questions will be narrowly related to employment issues, and failure to cooperate may result in disciplinary action

What is the primary purpose of the investigative process described in the text?

To conduct a fact-finding process before formal action is taken

What is the Fire Rescue Chief's discretion regarding the suspension or reassignment of an employee pending the outcome of an investigation?

The Fire Rescue Chief must obtain approval from the County Administrator before suspending or reassigning an employee

What is the purpose of the Drug and Alcohol Testing Policy?

All of the above

What is the requirement for employees regarding the Drug and Alcohol Testing Policy?

All of the above

What is the most often used and least severe of the formal group of corrective actions?

Verbal Counseling

What must be included in a memo documenting Verbal Counseling?

The date of preparation, a description of the incident, and the rule(s) and/or policy violation

What is the purpose of a Written Warning?

All of the above

What is a key factor to be considered in making a decision concerning disciplinary action?

All of the above

What is the purpose of the Drug and Alcohol Testing Policy?

Both a and b

What is the requirement for employees regarding the Drug and Alcohol Testing Policy?

All of the above

What is the purpose of a Written Warning?

Both a and c

What must be included in a memo documenting Verbal Counseling?

The date of preparation, a description of the incident, and the rule(s) and/or policy violation

What is the first step fire rescue officers take in administering discipline according to the St. Johns County Fire Rescue policy?

Verbal counseling

According to the policy, what is the principal objective of disciplinary action?

Improvement of performance and morale

What forms of disciplinary action can be taken depending on the severity of the offense?

Verbal counseling, Suspension without pay, and Demotion

Under what circumstances is it mandatory for supervisors to seek support from their superiors prior to taking disciplinary action?

When considering disciplinary action beyond verbal counseling

What should fire rescue officers do if a serious job performance problem is identified?

Decide whether to solve it through training or disciplinary action

What should happen if a member's performance does not improve after a training program for improvement?

Address it as a disciplinary problem

In what situation does an employee have the right to Union representation according to the St. Johns County Fire Rescue policy?

During disciplinary actions and investigative questioning

What happens if a member requests not to be represented by the Union in disciplinary actions or investigations?

The request will be honored and documented

What are some of the forms of disciplinary action that may be administered by fire rescue officers according to the policy?

Reduction in rank and dismissal

Why should officers document a program for improvement when developing it for an employee?

To track subsequent progress made by the immediate officers

What is the purpose of a Written Warning?

To explain what is expected of the member in the future

What happens if a member refuses to sign a Written Warning?

The supervisor must obtain a witness' signature indicating the refusal

What is the purpose of a Written Reprimand?

To document a repeat offense of a minor infraction or a more serious single infraction

What is the process for issuing a Written Reprimand?

The Written Reprimand Form is approved by the appropriate Section Chief and the Fire Rescue Chief before being issued

What happens if a member refuses to sign a Written Reprimand?

The supervisor must obtain a witness' signature indicating the refusal

What is the responsibility of the supervisor when a situation requires immediate action?

The supervisor must relieve the member from duty (with pay) until a decision is made

Who makes the final decision concerning suspensions, demotions, or discharge?

The Fire Rescue Chief

What is the role of the Employee Assistance Program (EAP)?

To provide professional assistance for members with personal problems

What is the purpose of suspensions, demotions, and discharge?

To serve as punitive, yet corrective measures for numerous repeated incidents of rule infractions or a single major infraction

What is the responsibility of the supervisor when a member is having personal problems?

To provide assistance or refer the member to the Employee Assistance Program (EAP)

According to the policy, whose responsibility is it to attend harassment training?

All personnel

How should an employee initially respond if they feel they are being harassed?

Confront the harasser and request they stop

If an employee is uncomfortable confronting the harasser directly, what should they do?

Report it immediately to a supervisor, department chief, or Personnel Services

If a complaint involves a Personnel Services employee, who should the employee report it to?

The County Administrator's office

What will happen to an employee found to be in violation of the harassment policy?

They will be subject to disciplinary action up to and including termination

How does the policy address retaliation against employees who file harassment complaints?

There will be no retaliation, and accusations will be investigated

What might happen if an employee makes a false accusation of harassment?

They may face disciplinary action, including termination

According to the policy, what behaviors are considered unacceptable beyond unlawful harassment?

Hazing and bullying

Whose responsibility is it to prevent bullying, hazing, and harassment in the workplace?

Every member of the organization

If an employee has a concern about hazing, harassment, or bullying, how should they resolve the issue?

Resolve the issue informally if possible, without fear of retaliation

Study Notes

Harassment Policy

  • Unlawful harassment includes conduct that creates an intimidating, hostile, or offensive working environment, and can be based on race, color, religion, gender, national origin, age, marital status, disability, or genetics.
  • Examples of harassment include:
    • Unwelcome sexual advances, requests for sexual favors, and physical, verbal, or visual conduct of a sexual nature.
    • Epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts.
    • Written or graphic material that denigrates or shows hostility toward an individual or group.
  • Harassment can be committed by supervisors, co-workers, vendors, clients, or anyone else.
  • The County is committed to promptly and thoroughly investigating all complaints of harassment.

Responsibilities

  • All personnel are responsible for maintaining a workplace free of harassment and intimidation.
  • Managers and supervisors are responsible for:
    • Preventing and eliminating harassment in their work areas.
    • Immediately notifying the Personnel Services Department of any complaints of harassment.
    • Attending harassment training as required.
  • All personnel are responsible for:
    • Reporting harassing or discriminating conduct.
    • Attending harassment training as required.

Complaint Procedure

  • Any member who believes they are being harassed should:
    • Confront the person doing the harassing and request that they stop.
    • Report the harassment to their supervisor, department chief, or Personnel Services Department staff member.
  • The Personnel Services Department will investigate or coordinate the investigation of any complaint of harassment.
  • Complaints will be investigated with care and will remain confidential to the extent possible.

Disciplinary Action

  • Any member found to be in violation of the County's harassment policy will be subject to disciplinary action, up to and including termination of employment.
  • There will be no retaliation against any applicant, employee, or auxiliary member who files a harassment charge or participates in an investigation.

Hazing and Bullying

  • The County recognizes that hazing and bullying can have a serious impact on employees' personal wellbeing.
  • The policy outlines the responsibilities of officers to:
    • Set examples and standards of behavior.
    • Ensure personnel know what is expected of them.
    • Provide support when required.
  • Every member has a responsibility for preventing hazing, bullying, and harassment.

Drug and Alcohol Policy

  • The purpose of the policy is to protect the health and safety of employees and the general public.
  • The policy applies to all St. Johns County employees and job applicants.
  • Employees are required to read and sign the "Drug Testing Policy – Certificate of Acknowledgement" form.
  • The policy outlines the procedures for drug testing, including pre-employment, reasonable suspicion, and post-accident testing.

Fire Rescue Discipline Policy

  • The purpose of the policy is to ensure that Fire Rescue personnel conduct themselves in a highly self-disciplined manner.
  • The policy outlines the procedures for disciplinary action, including verbal counseling, written warnings, written reprimands, suspensions, demotions, and dismissals.
  • Discipline will be administered in a corrective, progressive, and lawful manner.
  • The policy also outlines the procedures for investigating misconduct and taking disciplinary action.

Investigative Process

  • Any accusation of misconduct or complaint involving Department personnel will be thoroughly investigated before formal action is taken.
  • The investigative report must include a summary of the incident, interviews conducted, employee history, conclusions, recommendations, and attachments.
  • The completed report will be forwarded to the Fire Rescue Chief via the appropriate Section Chief.
  • A member may be compelled by supervisors to answer questions related to their duties or fitness for duty.
  • Failure to answer such questions completely and truthfully may form the basis for disciplinary action.### Disciplinary Actions
  • Written Warning: documented on the appropriate action form, refusal to sign is not grounds for separate disciplinary action
  • Written Reprimand: for repeat offenses of minor infractions or single serious infractions, approved by Section Chief and Fire Rescue Chief, a copy placed in personnel file
  • Suspensions, Demotions, and Discharge: for numerous repeated incidents or single major infractions, final decision made by Fire Rescue Chief

Employee Assistance Program (EAP)

  • Provides assistance for personal problems, such as alcohol, drug, stress, marital, or financial problems
  • Supervisors must be aware of potential policy violations

Workplace Harassment Policy

  • Purpose: maintain a work environment free of harassment on the basis of race, color, religion, gender, national origin, age, marital status, disability, and genetics
  • Scope: all Fire Rescue personnel
  • Unlawful harassment: verbal or physical conduct that denigrates or shows hostility towards an individual

Substance Abuse Policy

  • Purpose: eliminate substance abuse related costs and ensure a drug-free work place
  • Testing: blood or urine tests to determine influence of alcohol, drugs, or controlled substances while on duty
  • Policy implementation: general notice to all employees, condition of employment, and full compliance required

Determining Disciplinary Action

  • Factors to consider: seriousness of the offense, member's past history, and past practice of the Fire Department
  • Consistency is critical in disciplinary action, final decision made after considering factors

Supervisory Counseling

  • Verbal Counseling: verbal warning, serves to notify employees of needed behavior changes, notes kept for future reference
  • Written Warning: documented incident, recognition of policy violation, and future course of action determined

Test your knowledge about workplace harassment policies and laws. This quiz covers important aspects of maintaining a harassment-free work environment as outlined in laws such as Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act.

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