City of Jacksonville Fire & Rescue Department Discipline Action Procedures PDF

STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 304.00 PURPOSE...

STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 304.00 PURPOSE To establish a uniform policy for handling incidents of employee misconduct or substandard job performance utilizing counseling or corrective actions for all individuals employed by the City of Jacksonville, Fire and Rescue Department. Violation of rules, regulations or procedures may require counseling or disciplinary action. Effective organizational management requires fair, consistent and progressive disciplinary action when an employee’s conduct and job performance are inconsistent with JFRD’s goals or contrary to laws, rules, regulations, or procedures. In addition to counseling offered for training, the discipline of an employee is considered a very serious action to be undertaken with care and objectivity, with full consideration of rights and interest to both the employee and the Department. It is imperative that disciplinary action be administered in a judicious manner that assures fair and equal treatment for all employees. The maintenance of discipline is a responsibility and function of command. Supervisors and officers are given authority to fulfill their responsibilities and are expected to exercise it to that end. 304.01 POLICY STATEMENTS The standards for disciplinary action included in this directive have been established pursuant to the Civil Service and Personnel Rules and Regulations to help insure that all employees receive similar treatment in like circumstances. Realizing that some of the offenses and deficiencies listed will be more serious and more frequent in certain cases, the administration of any disciplinary action shall use good judgment in light of all facts in each case. The philosophy to be used is that of progressive, constructive and cumulative discipline. Progressive discipline is based on the idea that once employees have been informed of the performance and behavior expected of them, appropriate discipline will be administered progressively when an infraction occurs. The penalties, as provided for in the Disciplinary Action Guide in procedure 304.05, are merely advisory as the administered action shall be based on the circumstances of the infraction. 1 of 10 STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 Generally, unacceptable behavior can be considered major or minor. Major disciplinary infractions are those types of behaviors which, because of their serious nature may warrant suspension, reduction in pay, demotion or dismissal on the first occurrence, even though the employee has no prior record of being disciplined. Minor misconduct can have a cumulative effect and infractions may progress to more serious levels of disciplinary action. In determining the severity of the discipline to be applied, the administration should take into account the following variables:  The severity of the disciplinary violation;  The circumstance in which the violation occurred;  The consequences of the employee’s action in regard to its effects on the Department’s assigned mission, or the City of Jacksonville, and on other employees;  The overall work record of the employee;  If this was not the first offense for the employee, the length of time since earlier disciplinary actions, the similarity or dissimilarity of offenses and the severity of the earlier offenses;  Other relevant factors may be appropriate to consider under certain circumstances. It is specifically understood that some factual circumstances aggravate or mitigate the violation and, therefore, greater or lesser disciplinary action may be required. When disciplining an employee concerning improper behavior and/or job performance, it is mandatory that the administration provides specific direction to the employee in order to bring the employee’s behavior to an acceptable level. However, failure to provide direction shall not preclude future disciplinary action where otherwise appropriate. Discipline shall normally be administered by the following progressive measures:  Written Reprimand  Suspension  Reduction in pay/Demotion  Dismissal 2 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 304.02 RULE INFRACTION CHARGES FORM This form is used to document rule infraction charges. Supervisors needing clarification on any action should seek guidance from their District/Battalion Chief and/or the Chief of Professional Standards. This form can be accessed on Target Solutions by selecting File Center then select JFRD Forms. The form requires the officer to identify the rule, SOP, SOG, SAP, law, etc. that has been violated. The employee will be requested to sign the form acknowledging its receipt. The employees’ signature does not signify his/her agreement with the charges. If the employee refuses to sign the form, their refusal shall be documented on the form and the officer/supervisor shall request a witness be present during the refusal process only to sign the form. The supervisor will also sign and date the form in the appropriate places. An area is also provided on the form for the employees’ rebuttal. Whether the employee wishes to enter a rebuttal or not, the employee and the supervisor will sign again below the rebuttal section on the form indicating that the employee has been informed of his/her right to include a rebuttal. Witnesses to the incident should be asked to include their account. Witness documentation, Letters of Counseling, and other pertinent documentation should accompany the Rule Infraction Charges form. The form should then be forwarded to the District/Battalion Chief to assist in the completion of the Rule Infraction Supervisors Comments form. The original form will be placed in an envelope marked “confidential” and submitted to the Chief of Professional Standards through the chain of command. Copies shall be made for the employee and the supervisor filing charges prior to submission to the Chief of Professional Standards. 304.03 RULE INFRACTION SUPERVISORS COMMENTS FORM This form is used by the District/Battalion Chief to document input regarding the Rule Infraction Charges being filed. Prepare the Rule Infraction Supervisor’s Comments form specifically stating why you support or deny the charges (Form should not state “I support/deny the charges” without supporting documents, i.e. counseling statements, witness statements, detailed comments, etc.)  This is determined through your own inquiry of the incident by reviewing statements, interviewing witnesses and other fact finding procedures.  The rationale is that no charge should come from the field without the District/Battalion Chiefs having the opportunity to review the details and provide appropriate input. 3 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 This form must accompany the Rule Infraction Charges form. If the Rule Infraction Charges form is completed by a District Chief, this form shall be completed by the appropriate Battalion Chief. The original forms shall be submitted to the Chief of Professional Standards by the District/Battalion Chief or appropriate supervisor in an envelope marked CONFIDENTIAL. Copies of the form will be provided to the employee and the supervisor filing charges. 304.04 CHIEF OF PROFESSIONAL STANDARDS The Chief of Professional Standards will serve in an administrative support capacity and will be responsible for the preparation of all necessary documents dealing with disciplinary action and presentation of said documents to the appropriate Division Chief. 304.05 APPEALS All disciplinary decisions made by the Department and formalized pursuant to Rule 9 of the Civil Service and Personnel Rules and Regulations, may be formally appealed to the Civil Service Board in accordance with Rule 9 of the Civil Service and Personnel Rules and Regulations, or grieved through the appropriate collective bargaining agreements if applicable. 304.06 DISCIPLINARY ACTION RECORDS Disciplinary action records will be kept in the employee’s personnel file in accordance with Civil Service, appropriate collective bargaining unit agreement and Personnel Rules and Regulations 10.03(1) (d). 304.07 EMPLOYEE ARRESTS The criminal arrest of an employee is considered a very serious action to be addressed with care, objectivity, and with full consideration of rights and interest to both the employee and the Department. It is imperative that actions following an arrest be administered in a judicious manner that assures fair and equal treatment for all employees. 4 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 304.08 GUIDELINES FOR REPORTING ARRESTS Effective within 24 hours after the arrest, the employee shall notify the Chief of Professional Standards. In cases where the employee is arrested and jailed, this notification must take place within 24 hours of release. The Chief of Professional Standards will notify the appropriate Division Chief of the arrest by providing the employee’s name, assignment, and known circumstances of the arrest. The employee will report to the Chief of Professional Standards on the next duty day and will not report to their normal work assignment. The employee’s failure to report arrests within the specified 24 hour period could result in immediate discipline. 304.09 ADMINISTRATIVE PROCEDURES FOR ARRESTS Immediate discipline for arrests will not routinely be taken unless there are extenuating circumstances, as outlined in the Civil Service and Personnel Rules and Regulations 9.05(4)(a); however, the employee will be immediately removed from their normal work assignment and placed on administrative duty (40 hr work week for 56 hr work week employees and administrative duty for 40 hr work week employees) until the circumstances of the arrest are reviewed by the Administration. Any employee determined to require an extended assignment to administrative duty will have their status reviewed at 30 and 180 days following such an administrative assignment to determine what future actions must be taken. The results of the review will be documented and placed within the employee’s personnel file. Formal administrative investigations will proceed after the final disposition of the criminal proceedings (unless the circumstances suggest to the administration that a formal administrative investigation should commence earlier), and any required discipline shall follow. The employee is responsible for notifying the Chief of Professional Standards within five (5) working days of the status of your final legal disposition. 5 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 304.10 DISCIPLINARY ACTION GUIDE The following guide is offered for some of the more common violations of SOPs, SAPs, SOGs, Rules and Regulations or department policies. The Disciplinary Action Guide is not all inclusive nor is it binding. However, it does give recommendations for the severity of discipline for different conduct. The following are general instructions for using the Disciplinary Action Guide:  Each offense listed shows the general steps of disciplinary action that may begin for a particular infraction, and is also based on the severity and consequence of the offense.  Some cases of misconduct may call for deviation from the recommended discipline.  Any deviation from the recommended step shall be explained in the documentation of the action taken.  Repeated misconduct or multiple acts of misconduct may constitute a need for action more serious than the suggested level.  The disciplinary steps are used in a progressive manner with most offenses having a 2 year statute of limitations. 6 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 Appendix A Disciplinary Action Step Guide WRITTEN REPRIMAND SUSPENSION WITHOUT PAY REDUCTION OF PAY OR DEMOTION DISMISSAL Disciplinary Action Guide The Disciplinary Action Guide is not all inclusive Progressive Discipline Steps nor is it binding. However, it does give recommendations for the severity of discipline for different conduct. Violation Absence Without permission or leave 1st Offense - 6 hours Suspension plus time AWOL 2nd Offense - 1 Day Suspension plus time AWOL 3rd Offense - 2 Days Suspension plus time AWOL 4th Offense - Demotion/Reduction in Pay (5% for 6 months) 5th Offense - Dismissal Accepting employment or engaging in any 1st Offense – 6 hours Suspension business which interferes with the efficient 2nd Offense – 1 Day Suspension performance of one’s regular JFRD employment. 3rd Offense – 2 Days Suspension 4th Offense – Demotion/Reduction in Pay (5% for 6 months) 5th Offense - Dismissal Accepting or soliciting a bribe. 1st Offense – Dismissal Appropriating any found property for one’s own 1st Offense – Dismissal use. Any criminal act in violation of a State or Federal 1st Offense – 5% reduction in pay for 6 months Statute; Flagrant or repeated violation of City 2nd Offense – up to Dismissal Ordinances. A plea of Nolo Contender and Adjudication was withheld / Misdemeanor No 2 year statute Any criminal act in violation of a State or Federal 1st Offense – 5% reduction in pay for 12 months Statute; Flagrant or repeated violation of City 2nd Offense – up to Dismissal Ordinances. A plea of Nolo Contender and Adjudication was withheld / Felony No 2 year statute 7 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 Discourteous, unprofessional demeanor 1st Offense – Letter of Counseling / Written Reprimand 2nd Offense – 1 Day Suspension 3rd Offense – 2 Days Suspension 4th Offense – Demotion/Reduction in Pay (5% for 6 months) 5th Offense - Dismissal Disrespectful, rebellious language or 1st Offense – 1 Day Suspension insubordination toward a supervisor 2nd Offense – 2 Days Suspension 3rd Offense – Demotion/Reduction in Pay (5% for 6 months) 4th Offense - Dismissal Failure to furnish changes in residence address 1st Offense – Oral or Letter of Counseling and/or telephone number according to JFRD 2nd Offense – Written Reprimand policy. 3rd Offense – 1 Day Suspension 4th Offense – 2 Days Suspension 5th Offense – Demotion/Reduction in Pay (5% for 6 months) 6th Offense - Dismissal Failure to comply with JFRD policy concerning 1st Offense – Oral or Letter of Counseling presents, loans, gratuities, privileges, or rewards. 2nd Offense – Written Reprimand 3rd Offense – 1 Day Suspension 4th Offense – 2 Days Suspension 5th Offense – Demotion/Reduction in Pay (5% for 6 months) 6th Offense - Dismissal Failure to comply with JFRD or City of 1st Offense - Dismissal Jacksonville policy on use of alcohol or drugs. Failure to inform one’s supervisor when taking 1st Offense – 1 Day Suspension medication or using therapeutic treatments that 2nd Offense – 2 Days Suspension could impair performance. 3rd Offense – Demotion/Reduction in Pay (5% for 6 months) 4th Offense - Dismissal Failure to obey the lawful order of a superior. 1st Offense – 1 Day Suspension 2nd Offense – 2 Days Suspension 3rd Offense – Demotion/Reduction in Pay (5% for 6 months) 4th Offense - Dismissal Failure to obtain written permission from the 1st Offense – 1 Day Suspension Director/Fire Chief before giving testimonials or 2nd Offense – 2 Days Suspension permitting one’s photograph or name to be used 3rd Offense – Demotion/Reduction in Pay (5% for 6 for advertising purposes in which employment months) with JFRD is reflected or inferred. 4th Offense - Dismissal Failure to render prompt and courteous service to 1st Offense – 1 Day Suspension the public. 2nd Offense – 2 Days Suspension 3rd Offense – Demotion/Reduction in Pay (5% for 6 months) 4th Offense - Dismissal 8 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 Failure to set an example of good driving by 1st Offense – Letter of Counseling / Written Reprimand conforming to all ordinances regulating traffic 2nd Offense – 1 Day Suspension 3rd Offense – 2 Days Suspension 4th Offense – Demotion/Reduction in Pay (5% for 6 months) 5th Offense - Dismissal Failure to wear the complete uniform unless 1st Offense – Oral or Letter of Counseling authorized otherwise 2nd Offense – Written Reprimand 3rd Offense – 1 Day Suspension 4th Offense – 2 Days Suspension 5th Offense – Demotion/Reduction in Pay (5% for 6 months) 6th Offense - Dismissal Falsifying JFRD records, reports, or 1st Offense – 2 Days Suspension communications. 2nd Offense – Demotion/Reduction in Pay (5% for 6 months) 3rd Offense – Dismissal Feigning sickness or injury to escape duty 1st Offense – 1 Day Suspension 2nd Offense – 2 Days Suspension 3rd Offense – Demotion/Reduction in Pay (5% for 6 months) 4th Offense - Dismissal Incompetence demonstrated by a record of 1st Offense – 2 Days Suspension repeated infractions of the rules, regulations, 2nd Offense – Demotion/Reduction in Pay (5% for 6 procedure, or directives. months) 3rd Offense – Dismissal Incompetence coupled with repeated poor 1st Offense – 2 Days Suspension evaluations. 2nd Offense – Demotion/Reduction in Pay (5% for 6 months) 3rd Offense – Dismissal Failure to maintain the confidentiality of official 1st Offense – 1 Day Suspension information according to policy. 2nd Offense – 2 Days Suspension 3rd Offense – Demotion/Reduction in Pay (5% for 6 months) 4th Offense - Dismissal Failure to obtain written permission from the 1st Offense – 1 Day Suspension Director/Fire Chief before publishing an article as 2nd Offense – 2 Days Suspension an official representative of JFRD or acting as a 3rd Offense – Demotion/Reduction in Pay (5% for 6 correspondent to any news media. months) 4th Offense - Dismissal Failure to appropriately complete reports/refusals 1st Offense – Oral or Letter of Counseling by the designated time. 2nd Offense – Written Reprimand 3rd Offense – 1 Day Suspension 4th Offense – 2 Days Suspension 5th Offense – Demotion/Reduction in Pay (5% for 6 months) 6th Offense - Dismissal 9 of 10  STANDARD ADMINISTRATIVE PROCEDURES TITLE: Discipline CITY OF JACKSONVILLE Action FIRE AND RESCUE DEPARTMENT CREATED: 09/99 REVISED: 01/18 SAP: 304 Altering personal protective equipment (PPE) 1st Offense – Written Reprimand 2nd Offense – 1 Day Suspension 3rd Offense – 2 Days Suspension 4th Offense – Demotion/Reduction in Pay (5% for 6 months) 5th Offense - Dismissal Failure to maintain apparatus and/or equipment 1st Offense – Oral or Letter of Counseling in accordance with JFRD guidelines. 2nd Offense – Written Reprimand 3rd Offense – 1 Day Suspension 4th Offense – 2 Days Suspension 5th Offense – Demotion/Reduction in Pay (5% for 6 months) 6th Offense - Dismissal Any act that constitutes a HIPPA violation. 1st Offense – Oral or Letter of Counseling 2nd Offense – Written Reprimand 3rd Offense – 1 Day Suspension 4th Offense – 2 Days Suspension 5th Offense – Demotion/Reduction in Pay (5% for 6 months) 6th Offense - Dismissal Argumentative, threatening, abusive, 1st Offense – 1 Day Suspension disrespectful tones of voice or aggressive 2nd Offense – 2 Days Suspension posturing used towards other JFRD members or 3rd Offense – Demotion/Reduction in Pay (5% for 6 the public. months) 4th Offense - Dismissal Physical aggression towards JFRD members or 1st Offense – 5 Days Suspension up to Dismissal the public (i.e. fighting, hitting, shoving) 2nd Offense – 30 Days Suspension up to Dismissal 3rd Offense – Dismissal If this is an obvious case of physical battery, JSO will be notified by the OIC Failure to transport a patient according to JFRD 1st Offense – Written Reprimand protocol. 2nd Offense – 1 Day Suspension 3rd Offense – 2 Days Suspension 4th Offense – Demotion/Reduction in Pay (5% for 6 months) 5th Offense - Dismissal Unauthorized use, sale, or donation of any JFRD 1st Offense – Written Reprimand property including but not limited to equipment, 2nd Offense – 1 Day Suspension apparatus, uniforms, etc. 3rd Offense – 2 Days Suspension 4th Offense – Demotion/Reduction in Pay (5% for 6 months) 5th Offense - Dismissal For disciplinary purposes 1 day is equal to 12 hours for a 56 hour a week employee For disciplinary purposes 1 day is equal to 8 hours for a 40 hour employee 10 of 10