Palm Beach County Fire Rescue Disciplinary Guidelines PDF

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: PATRICK J. KENNEDY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: DISCIPLINARY GUIDELINES PPM #:...

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: PATRICK J. KENNEDY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: DISCIPLINARY GUIDELINES PPM #: FR-A-101 ISSUE DATE EFFECTIVE DATE February 13, 2022 February 13, 2022 PURPOSE: The purpose of this policy is to provide the Fire Rescue personnel a catalog of chargeable offenses and their associated disincentives. UPDATES: Future updates to this PPM are the responsibility of the Deputy Chief of Administration, in conjunction with the PPM Committee, under the authority of the Fire Rescue Administrator. AUTHORITY:  Fire Rescue Administrator, as may be amended. SCOPE: This policy applies to all Palm Beach County Fire Rescue personnel and reservists. ATTACHMENTS: Attachment A: Notification of Arrest Attachment B: Notification and Acknowledgement of Violation of Rules and Regulations POLICY: Fire Rescue personnel is responsible for their actions and are held accountable for the infractions they violate. It is the duty of supervisors to ensure the Fire Rescue’s Rules, Regulations and Policies are followed as dictated herein. Each supervisor is responsible for ensuring objectivity, fairness, and equity while managing the personnel they command. PROCEDURE: 1. Documentation a. Fire Rescue personnel is expected to adhere to the Fire Rescue Rules and Regulations which include, but are not limited to; policies, SOG’s, protocols, and memorandums. Fire Rescue personnel who violate the Rules and Regulations may be subject to disciplinary action. All disciplinary action shall be documented on the Notification and Acknowledgment of Violation of Rules and Regulations form (FR-A-101 Attachment B). FR-A-101/Page 1 of 14 2. Cumulative Discipline a. The following range of disciplinary actions shall be applied if any Fire Rescue personnel has already received one disciplinary action of an offense within the same alphabetical grouping or if the employee has received two previous disciplinary actions in different alphabetical groupings. If the latest offense would require a heavier discipline than described below, the discipline normally administered would apply: If an employee has already received a written reprimand 1-3 shifts off If an employee has already received 1-3 shifts off 5 shifts off to Dismissal If an employee has already received 5 shifts off Dismissal b. At the end of a 12-month period from the date of a Warning or Written Reprimand, the action shall no longer be used as the basis for cumulative disciplinary action. Suspensions shall stand for 24 months. 3. Demotion a. A supervisor may be demoted in lieu of receiving a suspension for any offense which would normally receive a suspension. 4. Conversion Rate a. The conversion rate from 24-hour shift personnel to 8-hour shift personnel is: one shift off is equal to two 8-hour days 5. Disciplinary Action a. The following supervisory staff may initiate disciplinary action to Fire Rescue personnel when an infraction of the Fire Rescue’s Rules and Regulations has occurred: Warning Lieutenant, Operational Captain, ARFF Captain, Special Operations Captain, EMS Captains, Supervisor and/or Higher Rank Written Reprimand Lieutenant, Operational Captain, ARFF Captain, Special Operations Captain, EMS Captains, Supervisor and/or Higher Rank Recommend Suspension or Battalion Chief (one day suspension; more than Suspend one day requires approval of District Chief) and/or Higher Rank Recommend Demotion or District Chief, Civilian Manager and/or Higher Recommend Dismissal Rank Dismissal or Demotion Fire Rescue Administrator (or Acting Fire Rescue Administrator ) FR-A-101/Page 2 of 14  DISCIPLINARY GUIDELINES Offense or 1st 2nd 3rd 4th 5th Conduct Occurrence Occurrence Occurrence Occurrence Occurrence A-1 Tardiness Warning Written 1 shift off 5 shifts off Dismissal Reprimand Offense or 5th 6th 7th 8th 9th Conduct Occurrence Occurrence Occurrence Occurrence Occurrence A-2 Sick Time Loss of early 5th 6th 7th occurrence 8th release occurrence occurrence disincentives, occurrence privileges disincentives, disincentives, loss of bid disincentives, loss of Special assignment loss of overtime, Performance and any promotional loss of bid Evaluation corresponding ability rights, loss of assignment step up pay privileges 10th Occurrence 9th occurrence disincentives, twenty-four (24) hour suspension Offense 10th 11th 12th 13th 14th or Occurrence Occurrence Occurrence Occurrence Occurrence Conduct A-2 Sick Loss of early 10th 11th 12th 13th Time - release occurrence occurrence occurrence occurrence Dispatch privileges disincentives, disincentives, disincentives, disincentives, loss of Special loss of bid loss of overtime, Performance assignment promotional loss of bid Evaluation and any ability rights, loss of corresponding step up assignment privileges pay 15th Occurrence 14th occurrence disincentives, twenty-four FR-A-101/Page 3 of 14  (24) hour suspension Offense or 1st 2nd 3rd 4th 5th Conduct Occurrence Occurrence Occurrence Occurrence Occurrence A-3 Inappropriate Suspension Dismissal use (misuse) of to Dismissal sick leave may include an established pattern Offense or 1st 2nd 3rd 4th 5th Conduct Occurrence Occurrence Occurrence Occurrence Occurrence A-4 Absence without Warning to 3 shifts off 5 shifts off Dismissal Authorized 1 shift off Leave (AWOL) Offense or 1st 2nd 3rd 4th 5th Conduct Occurrence Occurrence Occurrence Occurrence Occurrence A-5 Absence without Warning to 3 shifts off 5 shifts off Dismissal Authorized 1 shift off Leave Time Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-1 Grooming – Warning Written 3 to 5 shifts Dismissal Violation of the Reprimand off Professional to 1 shift off Appearance Policy Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-2 Use of profane Written 1 shift off to 5 shifts off language meant Warning to Dismissal to Dismissal to offend or 5 shifts off insult Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-3 Gambling Written 1 shift off 5 shifts off Dismissal Reprimand Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-4 Horseplay – 1 shift off 5 shifts off Dismissal FR-A-101/Page 4 of 14  when such to Dismissal activity contributes to the injury or ineffectiveness of personnel, the public, or damage to property occurs Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-5 Physical 1 shift off to Dismissal fighting, Dismissal violence or threatening other personnel Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-6 Unauthorized* 3 shifts off Dismissal possession, to Dismissal and/or threatening use of weapons to include, but not limited to guns, ammunition, explosives, fireworks or knives with more than a 3 ½” blade *Authorization required by Fire Rescue Administrator. Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-7 Smoking in Warning Written 1 shift off 5 shifts off Dismissal unauthorized Reprimand areas Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence B-8 Unauthorized Warning Written 1 shift off 5 shifts off Dismissal Sleeping Reprimand FR-A-101/Page 5 of 14  Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-1 Participation in Warning Written 1 shift off 5 shifts off Dismissal non-Fire Rescue Reprimand related work/activities while on duty, which interferes with job duties Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-2 Unauthorized Written 1 shift off 5 shifts off Dismissal distribution Reprimand of any official county or Fire Rescue written or printed materials of any description Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-3 Violation of Written 3 shifts off 5 shifts off Dismissal established Reprimand Chain of Command Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-4 Failure to report Written 1 shift off to 5 shifts off Dismissal any mistreatment Reprimand Dismissal to Dismissal of a client, to Dismissal patient or any other individual Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-5 Falsification of 1 shift off to 5 shifts off Dismissal records, such as, Dismissal to Dismissal but not limited to, time and attendance records, employment status/informatio n client records and travel FR-A-101/Page 6 of 14  records C-5a False report 1 shift off to Dismissal either written or Dismissal verbal during a formal Fire Rescue proceeding Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-6 Conduct Written 5 shifts off Dismissal unbecoming of Reprimand to Dismissal personnel to Dismissal including actions which reflect unfavorably on the efficiency of the County, cause embarrassment or are damaging to the County, or in general reflect unfavorably on the County, its personnel or its citizens Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-7 Exhibiting Warning to 5 shifts off Dismissal discriminatory Dismissal to Dismissal behavior, sexual harassment, or use of derogatory comments related to a person’s race, sex, color, creed, religion, national origin, age, disability or sexual preference. This may include failure of a supervisor to take appropriate FR-A-101/Page 7 of 14  action. Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-8 Threatening, 1 shift off to Dismissal extorting, Dismissal coercing or intimidating any County employer, personnel representative, or citizen Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence C-9 Working a 5 shifts off Dismissal second job or to Dismissal engaging in activity that violates your restrictions, while on extended leave, FMLA sick, FMLA vacation, work comp, family care, hospitalization or baby bonding Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence D-1 Unauthorized 3 shifts off Dismissal possession, use, to under the Dismissal* influence, or disbursement of intoxicants, such as, but not limited to, alcohol or drugs or possession of illegal or unauthorized paraphernalia D-1a Unauthorized Dismissal FR-A-101/Page 8 of 14  possession, theft or tampering of County supplied medications and/or Controlled Substances *If anything other than Dismissal is received, successful completion of an approved EAP program, as well as 12 random drug tests in the next 12 months shall be required. Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence D-2 Refusal to take a 5 shifts to Dismissal drug test or Dismissal failure to arrive at the drug testing facility in an reasonable amount of time Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-1 Endangering Warning to 3 shifts off 5 shifts off Dismissal health or safety Dismissal of others, or not providing for security of property or funds Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-2 Malicious 1 shift off to 5 shifts off Dismissal destruction, Dismissal to Dismissal abuse or unauthorized use of County property or equipment E-2a Damage and/or Warning to Written 3 shifts off Loss of loss to County 1 shift off reprimand Driving property and/or to 2 shifts privileges other property off and 5 shifts resulting from off an avoidable incident FR-A-101/Page 9 of 14  Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-3 Stealing County 5 shifts off Dismissal property, or to Dismissal property of any other individual Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-4 Any personnel 3 shifts to 5 shifts to Dismissal placed under Dismissal Dismissal arrest and/or charged with a felony crime shall be placed on Administrative Leave without pay Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-4a Any personnel 1 shift 5 shifts off Dismissal convicted of, to Dismissal had adjudication withheld, failed, or refused to submit to a sobriety test associated with a DUI/BUI may be placed in a non-safety sensitive position or on Administrative Leave with pay Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-5 Any personnel 5 shifts off Dismissal who is to Dismissal convicted, pleads nolo contendere, is placed on FR-A-101/Page 10 of 14  probation, receives a suspended sentence, or charges are adjudicated for any crime which is related to Job Performance or reflects unfavorably on the County E-5a Any personnel 3 shifts off Dismissal placed under to Dismissal arrest and/or charged with a misdemeanor resulting in a conviction, or pleads nolo contendere, or is placed on probation, receives a suspended sentence, or charges are adjudicated for any crime not related to Job Performance but reflects unfavorably on the County Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-6 Failure to Warning to 5 shifts off Dismissal perform Duty of Dismissal and/or Office Demotion to Dismissal Offense 1st and 2nd 3rd 4th 5th 6th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-7 CAD Errors in Warning Written One (1) 12 Three (3) 12 Five (5) 12 Communications Reprimand hour shift hour shift hour shift Center * off off off FR-A-101/Page 11 of 14  7th Occurrence Dismissal *This provision may be accelerated at the discretion of the Alarm Office Manager based on the severity of infraction. Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-8 Failure to report 5 shifts off Dismissal any arrest to to Dismissal include NTA (Notice to Appear) or loss of privileges within 24 hours of release from custody. The notification of arrest must be personally made by the employee to the respective District Chief * *The District Chief shall fill out the appropriate paperwork (FR-A-101 Attachment A or FR-A-101 Attachment B), to include but not limited to, date, time, arresting agency, case number, and nature of charge(s). The DC must make IA aware of such notification immediately and the completed paperwork shall be forwarded to Internal Affairs within 5 (five) calendar days. * Employees must notify their District Chief within 24 hours of any changes made to the status of their arrest and must also forward changes to Internal Affairs. Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-9 Unauthorized Warning to 5 shifts off Dismissal access to County 5 shifts off to Dismissal facilities and/or equipment, including, but not limited to, desks, offices, computers, buildings, lockers, etcetera FR-A-101/Page 12 of 14  Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence E-11 Failure to Written 1-3 Shifts reimburse the Reprimand off County (Fire Rescue) within the prescribed time frame, for a training course that was not completed or withdrawn from or canceled by the specified time. Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence F-1 Violation of Written Written 1 to 3 shifts 3 shifts off rules, Warning to Reprimand off to Dismissal regulations, or written to 1 shift off policies. * reprimand *This may also be used as an alternative for offenses not reaching the threshold of another category. Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence G-1 Insubordination Written Dismissal Reprimand to 5 shifts off Offense 1st 2nd 3rd 4th 5th or Conduct Occurrence Occurrence Occurrence Occurrence Occurrence H-1 HIPAA Written Written 1 shift off to 3 shifts off 5 shifts to Violation Warning to Reprimand Dismissal to Dismissal Dismissal Dismissal to Dismissal ______________________________ PATRICK J. KENNEDY FIRE RESCUE ADMINISTRATOR Supersession History 1. PPM#FR d, issued 08/13/2012 FR-A-101/Page 13 of 14 2. PPM#FR d, issued 07/09/2015 3. PPM#FR d, issued 03/25/2016 4. PPM#FR d, issued 06/20/2017 5. PPM#FR A-101, clerical 03/01/2018 6. PPM#FR A-101, Reviewed 7/24/2018 7. PPM#FR A-101, clerical 9/12/2018 8. PPM#FR A-101, issued 6/18/2019 9. PPM#FR A-101, revised 02/22/2021 10. PPM#FR A-101, issued 02/13/2023 11. PPM#FR A-101, clerical 02/17/2023 FR-A-101/Page 14 of 14