CY-FAIR Fire Department Personnel Handbook PDF 2024

THE CY-FAIR FIRE DEPARTMENT PERSONNEL HANDBOOK Welcome! On behalf of your colleagues, we welcome you to the Cy-Fair Fire Department (CFFD) and wish you every success here. We believe that each person contributes directly to CFFD's growth and success, and we hope you will take pride in being a part of our team. This handbook was developed to describe expectations for personnel and outline the policies, programs, and benefits available to eligible personnel. Personnel should familiarize themselves with the handbook's contents as soon as possible. It will answer many questions about membership/employment with CFFD. We hope your experience here will be challenging, enjoyable, and rewarding. Sincerely, Cy-Fair FD Officers and Staff Table of Contents Article I. GENERAL INFORMATION..................................................................................1 Section 1.01 Overview.......................................................................................1 Section 1.02 Open Reporting............................................................................1 Section 1.03 Membership/Employment at Will...................................................1 Section 1.04 New Hire Reporting.......................................................................1 Section 1.05 Pre-Employment/Membership Requirements................................2 Section 1.06 Open Door Policy..........................................................................2 Section 1.07 Personnel Meetings......................................................................2 Section 1.08 Bulletin Board...............................................................................2 Section 1.09 Probationary Period......................................................................2 Section 1.10 Employment Classifications..........................................................3 Article II. EQUAL EMPLOYMENT OPPORTUNITY ANTI-HARASSMENT..........................4 Section 2.01 Equal Employment Opportunity....................................................4 Section 2.02 Americans with Disabilities Act (ADA)...........................................4 Section 2.03 Reasonable Accommodation........................................................4 Section 2.04 Genetic Information Nondiscrimination Act of 2008 (GINA)........... 4 Section 2.05 Anti-Harassment...........................................................................5 Section 2.06 Sexual Harassment.......................................................................5 Section 2.07 Procedures for Reporting Harassment, Discrimination, or Retaliation.....................................................................................6 Article III. DEPARTMENT POLICIES AND STANDARDS....................................................8 Section 3.01 Overview.......................................................................................8 Section 3.02 Mandatory Reporting of Events On or Off Duty.............................9 Section 3.03 Essential Behavioral Expectations................................................9 Section 3.04 Disputes in Working Conditions..................................................10 Section 3.05 Tobacco and Nicotine Use..........................................................10 Section 3.06 Substance Abuse and Testing....................................................10 Section 3.07 Workplace Violence....................................................................11 Section 3.08 Weapons....................................................................................12 Section 3.09 Searches....................................................................................12 Section 3.10 Decision to Search......................................................................13 Section 3.11 Conducting Searches..................................................................13 Section 3.12 Safety, Health, and Accidents.....................................................14 Section 3.13 Workers’ Compensation Insurance:............................................ 14 Section 3.14 Dress and Personal Appearance................................................15 Section 3.15 Uniforms.....................................................................................16 Section 3.16 Attendance/Punctuality...............................................................16 Section 3.17 Absence Without Leave (AWOL):...............................................16 Section 3.18 Job Abandonment:......................................................................17 Section 3.19 Emergency/Office Closure:.........................................................17 Section 3.20 Telephone Use...........................................................................17 Section 3.21 Personal Cell Phones:................................................................17 i 01/01//2024 Section 3.22 Department Cell Phones:............................................................17 Section 3.23 Safety Issues for Cell Phone Use While Driving:......................... 18 Section 3.24 Photographic, Video, or Audio Recording Devices...................... 18 Section 3.25 Portable Radios:.........................................................................18 Section 3.26 Department Systems..................................................................18 Section 3.27 Nepotism....................................................................................20 Section 3.28 Conflict of Interest.......................................................................20 Section 3.29 Proprietary Information and Confidentiality................................. 21 Section 3.30 No Solicitation/Distribution..........................................................21 Section 3.31 Media Inquiries/Public Statements..............................................22 Section 3.32 Business Ethics..........................................................................22 Section 3.33 Accepting Business Courtesies...................................................22 Section 3.34 Meals, Refreshments and Entertainment.................................... 23 Section 3.35 Gifts............................................................................................23 Article IV. OTHER WORK RULES.....................................................................................24 Section 4.01 Tidiness......................................................................................24 Section 4.02 Personal Workspace:..................................................................24 Section 4.03 Kitchen:.......................................................................................24 Section 4.04 Equipment and Property.............................................................24 Section 4.05 Return of Department Property:..................................................24 Section 4.06 Personal Belongings...................................................................24 Section 4.07 Personal Vehicles.......................................................................25 Section 4.08 Department Vehicles...................................................................25 Section 4.09 Personnel Records and Privacy..................................................25 Section 4.10 Expense Reimbursement............................................................25 Section 4.11 Licenses/Certifications................................................................26 Section 4.12 Security.......................................................................................26 Article V. WORK HOURS AND COMPENSATION............................................................27 Section 5.01 Work Hours.................................................................................27 Section 5.02 Meal Period:...............................................................................27 Section 5.03 Timekeeping Procedures:...........................................................27 Section 5.04 Off-Clock Work...........................................................................28 Section 5.05 Pay Cycle:..................................................................................28 Section 5.06 Payroll Deductions:.....................................................................28 Section 5.07 Payroll Advances/Personnel Loans:............................................ 28 Section 5.08 Direct Deposit:............................................................................28 Section 5.09 Overtime.....................................................................................28 Section 5.10 Exempt Salaried Employees:......................................................29 Article VI. BENEFITS.........................................................................................................30 Section 6.01 Vacation Leave...........................................................................30 Section 6.02 Vacation Accruals.......................................................................30 Section 6.03 Vacation Scheduling...................................................................31 Section 6.04 Vacation Selection Process:.......................................................31 Section 6.05 Moving a Vacation Day:..............................................................32 Section 6.06 Sick Leave..................................................................................32 ii 01/01//2024 Section 6.07 Sick Leave Accrual.....................................................................32 Section 6.08 Attendance Bonus......................................................................33 Section 6.09 Department Observed Holidays..................................................33 Section 6.10 Working on a Holiday..................................................................33 Section 6.11 Holiday Leave Bank....................................................................34 Section 6.12 Additional Holiday Leave (Negative Usage)................................ 34 Section 6.13 COBRA Notice............................................................................34 Section 6.14 HIPAA Notice..............................................................................35 Article VII. LEAVES OF ABSENCE.....................................................................................36 Section 7.01 Temporary Leave of Absence.....................................................36 Section 7.02 Family and Medical Leave (FMLA)..............................................36 Section 7.03 Service Member Family Leave (Military Caregiver Leave).......... 38 Section 7.04 Exigency Leave (Active Duty Leave)........................................... 39 Article VIII. SCHEDULED LEAVE........................................................................................40 Section 8.01 Military Leave..............................................................................40 Section 8.02 Jury Duty....................................................................................41 Section 8.03 Witness Duty...............................................................................41 Section 8.04 Training.......................................................................................42 Section 8.05 Prescheduled Vacation Leave....................................................42 Section 8.06 Prescheduled Holiday Leave......................................................42 Article IX. UNSCHEDULED LEAVE...................................................................................43 Section 9.01 Absence without Leave (AWOL).................................................43 Section 9.02 Bereavement Leave....................................................................43 Section 9.03 Additional Bereavement Time Off...............................................43 Section 9.04 Non-family Member Funeral Leave:............................................ 43 Section 9.05 Emergency Vacation:..................................................................44 Section 9.06 Sick:............................................................................................44 Section 9.07 Holiday in Lieu of Sick, Vacation in Lieu of Sick:......................... 44 Section 9.08 Voting:........................................................................................44 Article X. SEPARATIONS.................................................................................................45 Section 10.01 Death:.........................................................................................45 Section 10.02 Layoff:.........................................................................................45 Section 10.03 Resignation:................................................................................45 Section 10.04 Retirement:.................................................................................45 Section 10.05 Termination:................................................................................45 Section 10.06 Effective Date:............................................................................46 Section 10.07 Final Paychecks..........................................................................46 Section 10.08 Post-Membership/Employment Communication:......................... 46 Section 10.09 Exit Interviews:............................................................................46 Article XI. Updating of Handbook.......................................................................................47 iii 01/01//2024 Article XII. ACKNOWLEDGMENT AND RECEIPT..............................................................48 iv 01/01//2024 GENERAL INFORMATION Overview This Personnel Handbook (the Handbook) summarizes the HR policies, practices, and benefits of the Cy-Fair Fire Department (hereafter referred to as CFFD or the Department), which are periodically reviewed and updated or changed from time to time. The most current version will be posted on the CFFD webpage. The provisions of this Handbook are to be considered as guidelines, and this Handbook should not be construed as creating a contract of employment between the Department and any of its personnel. The Department expressly retains the right to unilaterally modify, amend, delete, suspend, or discontinue any policies, practices, or benefits outlined in this Handbook at the Department’s sole discretion. Any changes to this handbook will be distributed to all personnel so they will be aware of the new policies and procedures. Department benefit plans are defined in other documents, such as insurance contracts and plan descriptions (Plan documents). If a question arises about the nature and extent of Plan documents, or if there is conflicting language between the benefits summaries in this Handbook and the Plan documents, the Plan documents will govern. Plan documents are available for inspection by request from the Human Resource Division (hereafter referred to as HR). You are encouraged to familiarize yourself with the contents of this handbook, as it will answer many common questions concerning your membership/employment with CFFD. This handbook supersedes all other previously issued handbooks, manuals, or any inconsistent policy statements or memoranda, whether written or oral. Open Reporting All personnel who are aware or personally subjected to workplace risk or wrongdoing, including but not limited to Injuries, Safety Violations, Use of drugs or alcohol on the job or during any Department-related activity, Harassment, Unlawful discrimination, Violence, Theft, Illegal practices on duty or during any Department-related activity, and Retaliation for making a report or participating in a related investigation, should be aware the Department has several avenues of safe internal complaint available. Managers and Supervisors, Chief Officers, Fire Chief, and HR at 281-550-6663 or any of their department emails, Department Ombudsman at [email protected] or 936-587-9116. Membership/Employment at Will All personnel of the Department are members/employees “at will”. As such, any individual may voluntarily leave membership/employment with the Department at any time, for any reason or no reason, with or without notice, although two weeks’ notice is requested. Similarly, the Department may terminate the membership/employment of any member/employee at any time, for any reason or no reason (except for an unlawful reason), with or without notice. No Manager, Supervisor, or other representative of the Department other than the Commissioners shall have the authority to modify the “at will” nature of employment, and any such modification must be in writing and approved by the Commissioners to be enforceable. This “employment at will” language prevails over any other language in this Handbook. New Hire Reporting All employers must report certain information on newly hired and rehired employees and volunteers receiving stipends to a State Directory. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 is a United States federal law. The program's primary purpose is to increase the state’s ability to locate non-custodial parents and enforce child support orders. In compliance with this law, CFFD will forward the required information to the appropriate state agency. 1 01/01//2024 Pre-Employment/Membership Requirements To ensure that individuals joining the Department are well-qualified and have strong potential to be productive and successful, CFFD requires personnel to submit pre-employment substance abuse testing from an independent laboratory. The department will also conduct reference checks, pre-employment/membership physicals, and background checks and review the driving records of prospective personnel. Open Door Policy (a) The purpose of our open-door policy is to encourage open communication, feedback, and discussion about any matter of importance to personnel. Our open-door policy means that personnel can discuss any topic with any supervisor/manager. (b) If any area of your work is causing you concern, you are responsible for addressing your concern with a supervisor/manager. Whether you have a problem, a complaint, a suggestion, or an observation, the Department wants to hear from you. By listening to you, the Department can improve, address complaints, and foster personnel understanding of the rationale for practices, processes, and decisions. (c) Most problems can and should be solved in discussion with your Immediate Supervisor; this is encouraged as your first effort to solve a problem. But, an open door policy means you may also discuss your issues and concerns with the next levels of supervisor/management and HR. No matter how you approach your problem, complaint, or suggestion, supervisors/managers at all levels of the organization will be willing to listen and help bring about a solution or a clarification. (d) This open-door policy includes the assurances that an individual who pursues his or her rights to talk to any level of management will experience no retaliation or interference from the person's Immediate Supervisor. Personnel Meetings CFFD will hold a variety of personnel meetings periodically. All mandatory meetings will be announced in advance. Any other meetings will be held as necessary. These meetings discuss operational issues, new procedures, ongoing projects, upcoming events, special situations, policies, general information, and other matters. These meetings are essential to everyone, and every effort should be made to be present and on time. Bulletin Board We have provided a bulletin board prominently displayed in each station or building for all personnel. Federal, state, and local government notices regarding employment regulations and information are also posted in each station. It is your responsibility to read the information posted. Only authorized personnel can post, remove, or alter any notice on the Bulletin Board. Probationary Period (a) The Probationary Period evaluates personnel capabilities, their ability to work according to CFFD policy and practices, work habits, and overall performance. During Probation, personnel will receive training and coaching on their job functions and testing and skills evaluations to assess their capabilities. Personnel are encouraged to discuss any questions, problems, or opportunities with their Immediate Supervisor. (b) The Probationary Period for all new personnel is one (1) year from the hire date, except if the volunteer attends the Fire Training Academy; the probationary period concludes six (6) months after graduation. The Probationary Period may be extended with the approval of the Fire Chief to facilitate a Performance Improvement Plan (PIP). The Probationary Period 2 01/01//2024 includes a New-Hire Orientation Program and an Introductory Period for personnel. (c) New-hire orientation introduces new hires to their jobs, co-workers, responsibilities, and the Department. It includes an overview of the department, HR and payroll, key policies and expectations, and division-specific programs. This program lasts between one day and three weeks, depending on the division. (d) The Introductory Period is six (6) months from the hire date. It is intended to allow new personnel to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. (e) Any significant absence, failed phase/protocol testing, or precepting requirements may extend the probationary period by the length of the absence or phase. (f) During the Probationary Period, new personnel are eligible for the benefits required by law, such as workers' compensation insurance coverage. They may also qualify for other CFFD- provided benefits, subject to the terms and conditions of each benefits program. Personnel should read the information for each specific benefits program for eligibility requirements. (g) Successful completion of Probation does not guarantee continued membership/employment. It only indicates current performance, and all membership/employment is at will. Employment Classifications (a) To help provide uniformity and equity in applying personnel policies and benefits, CFFD maintains standard definitions of employment status and classifies employees for purposes of personnel administration and related payroll transactions according to the following definitions: 1) Exempt: Employees whose positions meet specific criteria established by the Fair Labor Standards Act (FLSA) and applicable state law who are exempt from overtime pay requirements for hours worked in excess of forty (40) hours per workweek. 2) Non-Exempt: Employees whose positions do not meet FLSA exemption tests and are paid a multiple of their regular pay rate for hours worked in excess of forty (40) per workweek, as required by federal and state law. 3) 29 CFR §553.201 7(k) Partial Exemption: Employees who meet the FLSA section 7(k) pay exemption for fire protection and who are paid a multiple of their regular rate of pay for hours worked in excess of fifty-three (53) per seven (7) day workweek, as required by federal and state law. 4) Full-time: Employees regularly scheduled to work more than 30 hours per workweek. Full-time employees are covered by workers’ compensation insurance and eligible for all CFFD benefit programs. 5) Part-time: Employees regularly scheduled to work 30 hours or less per workweek. Part- time employees are covered by workers’ compensation insurance but are not eligible for all of the CFFD benefit programs. 6) Temporary: Employees hired for a pre-established period, usually during peak workloads or for vacation relief. Temporary employees may work a full-time or part-time schedule, are paid only for the hours worked, and are ineligible for Department benefits. 7) Volunteer: An individual who performs public service for a public agency and (1) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (2) such services are not the same type of services which the individual is employed to perform for the same public agency. 3 01/01//2024 EQUAL EMPLOYMENT OPPORTUNITY ANTI-HARASSMENT Equal Employment Opportunity CFFD provides equal employment opportunity to all qualified applicants and personnel without regard to race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, genetic information, marital status, political affiliation, whistleblower activity, sexual orientation, parental status, and military service (past, present, or future), or any other characteristic protected by federal, state or local law and against retaliation for participation in EEO activity or opposition to discrimination. Discrimination against personnel or applicants based on these protected characteristics will not be tolerated. CFFD’s Equal Employment Opportunity Policy applies to all aspects of volunteerism, employment, and personnel relations, including recruitment, hiring, training and development, promotion, transfer, demotion, termination, layoff, compensation, benefits, and all other terms, conditions, and privileges of employment, per applicable federal, state and local laws. All applicants and CFFD personnel are given equal consideration based solely on job-related factors such as qualifications, experience, performance, and availability. Americans with Disabilities Act (ADA) It is the policy of CFFD to comply with all applicable provisions of the Americans with Disabilities Act (ADA). CFFD will not discriminate against any qualified personnel or applicant concerning any terms, conditions, or privileges of membership/employment because of a person’s physical or mental disability. CFFD will make reasonable accommodations as requested and necessary for all qualified personnel or applicants with disabilities, provided that any accommodations requested do not impose an undue hardship on the Department. If an applicant or personnel believes they require a reasonable accommodation due to a physical or mental disability, that individual should request such accommodation from HR. Reasonable Accommodation CFFD does not discriminate against any person with a disability, as that term is defined by law. Qualified individuals with disabilities may request a reasonable accommodation from HR and your Immediate Supervisor. Upon receipt of an accommodation request, an appropriate Department representative will meet with the individual requesting to discuss and identify the precise limitations of job functions resulting from the disability and provide the proper forms to the individual. When the completed forms are returned, an appropriate department representative will meet with the individual to discuss the potential accommodations the Department might make to help overcome those limitations. CFFD will determine the feasibility of the requested accommodation, considering various factors, including, but not limited to, the nature and cost of the accommodation, the availability of tax credits and deductions, outside funding, overall financial resources, and the accommodation’s impact on the operation of the Department, including its effect on the ability of other personnel to perform their duties. CFFD will inform the person of the Department’s decision on the accommodation request and when appropriate steps for making the accommodation can be expected. Genetic Information Nondiscrimination Act of 2008 (GINA) (a) Employers are prohibited from using individuals’ genetic information when hiring, discharging, job placement, promotions, or other work-related decisions. 1) GINA prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic disposition to develop a disease in the future. 2) Prohibits retaliation against personnel alleging violations of GINA or participating in investigating alleged violations. 4 01/01//2024 3) Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members. (b) CFFD takes all charges of alleged discrimination in membership/employment seriously and will investigate them promptly and thoroughly. Any personnel involved in discriminatory practices will be subject to discipline, up to and including termination of employment. Anti-Harassment (a) CFFD intends to provide a work environment that is healthful and comfortable, encourages mutual respect, promotes congenial relationships between personnel, and is free from all forms of harassment, intimidation, hostility, or other offenses that might interfere with work performance. The Department prohibits harassment based on race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, genetic information, marital status, political affiliation, whistleblower activity, sexual orientation, parental status, and military service (past, present, or future), or any other characteristic protected by federal, state or local law and against retaliation for participation in EEO activity or opposition to discrimination. Any such harassment is against Department policy, could be a form of illegal discrimination, and will not be tolerated by CFFD. (b) Workplace conduct, whether verbal or physical, will be considered harassment if it shows hostility toward an individual based on race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, genetic information, marital status, political affiliation, whistleblower activity, sexual orientation, parental status, and military service (past, present, or future), or any other characteristic protected by federal, state or local law and against retaliation for participation in EEO activity or opposition to discrimination, and if it: 1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; 2) has the purpose or effect of unreasonably interfering with an individual’s work performance or 3) adversely affects an individual’s membership/employment opportunities. (c) The Department’s Anti-Harassment Policy applies to all individuals involved in the Department's operation. It prohibits unlawful harassment by any personnel of the Department, including officers, supervisors, and co-workers, or by any independent contractors, vendors, customers, and their employees. Violation of this policy will subject personnel to discipline, up to and including termination of membership/employment. Sexual Harassment (a) CFFD prohibits sexual harassment by any personnel, including officers, supervisors, co- workers, independent contractors, vendors, customers, and employees. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, explicit sexual proposition or innuendo, and other verbal or physical conduct of a sexual nature when: 1) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s membership/employment; 2) Submission to or rejection of such conduct by an individual is used as the basis for a membership/employment decision affecting that person or 3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. (b) Sexual harassment can include, among other things, unwelcome propositions, flirtations, and requests, whether express or implied, for sexual favors. Sexual harassment may also have other unwelcome verbal, visual, or physical conduct of a sexual nature, such as 5 01/01//2024 inappropriate touching of an individual, graphic or verbal commentary about an individual’s body, sexually degrading verbal abuse, a display in the workplace of sexually suggestive objects or pictures, sexually explicit or offensive jokes and physical assault. The Department will not tolerate any form of sexual harassment in the workplace. Violation of this policy will subject personnel to disciplinary action, up to and including termination of membership/employment. (c) Courteous, mutually respectful, pleasant, non-coercive interactions between employees that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered harassment, including sexual harassment. (d) CFFD strongly discourages romantic or sexual relationships between an Immediate Supervisor or other supervisory personnel and personnel who report directly or indirectly to that person because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in membership/employment decisions affecting the person. Moreover, given the uneven balance of power within such relationships, consent by the person is suspect. It may be viewed by others or later by the individual as having been given due to coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation, coercion, or exploitation undermines the trust and mutual respect essential to a healthy work environment. If such a relationship exists, the parties must be aware that one or both may be moved to a different shift or station, or other actions may be taken. (e) If any personnel of CFFD enters into a consensual relationship that is romantic or sexual in nature with a person who reports directly or indirectly to that person or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify HR or other appropriate Chief Officer. Because of potential issues regarding quid pro quo harassment, CFFD has made reporting mandatory. This requirement does not apply to personnel who do not work in the same department or to parties where neither one supervises or otherwise manages responsibilities over the other. (f) Once the relationship is made known to CFFD, the Department will review the situation with HR in light of all the facts (reporting the relationship between the parties, effect on co- workers, job titles of the parties, etc.). It will determine whether one or both parties must be moved to another shift, station, or department. If it is determined that one party must be moved, and there are positions at other stations or on another shift, the parties may decide who will be the one to move. If the parties cannot amicably come to a decision, or one party is not qualified for the open position, HR and Command Staff will decide which party will be moved. That decision will be based on which move will be least disruptive to the Department as a whole. If no other positions are available for either party, the parties will be allowed to terminate their relationship or resign. Procedures for Reporting Harassment, Discrimination, or Retaliation (a) CFFD’s no-tolerance policy for harassment, discrimination, or retaliation extends to all Department-related activities, including off-site. Complaints should be submitted as soon as possible after an incident has occurred, preferably in writing. HR may assist the complainant in completing a written statement, or if an individual refuses to provide information in writing, HR will dictate the verbal complaint. (See Open Reporting section on Page 1) The complaint should contain the following information: 1) The name of the individual(s) involved. 2) A description of the alleged actions. 3) The date, time, and place where the actions occurred. 4) The name(s) of anyone who may have seen or heard the actions. 5) If the actions continued after the person tried to stop them. 6 01/01//2024 (b) CFFD takes all complaints of discrimination and harassment seriously, and all reports will be investigated as promptly, thoroughly, and confidentially as possible. All information received during the investigation will be kept in confidence, except to the extent necessary to conduct a thorough investigation. If the investigation confirms that harassment has occurred, disciplinary action will be taken against the offender. Depending on the severity of the misconduct, disciplinary action may range from a warning to termination of membership/employment. Disciplinary action may be taken against managerial personnel aware of a complaint or inappropriate behavior and failing to take immediate and appropriate action in response to such conduct. (c) CFFD will make every effort to ensure that those individuals named in a complaint or who are too closely associated with those involved will not be part of the investigative team or efforts. (d) No hardship, loss, benefit, or penalty may be imposed on personnel in response to the following: 1) Filing or responding to a bona fide complaint of discrimination or harassment. 2) Appearing as a witness in the investigation of a complaint. 3) Serving as an investigator of a complaint. (e) Lodging a bona fide complaint will not be used against personnel or adversely impact the individual's membership/employment status. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation. (f) Any person found to have violated this policy will be subject to disciplinary action up to and including termination. (g) All CFFD personnel shall complete training on sexual and other forms of discrimination and harassment as provided by the Department. 7 01/01//2024 DEPARTMENT POLICIES AND STANDARDS Overview (a) CFFD has specific rules and policies for all CFFD personnel. See your immediate supervisor for any questions regarding Department rules or policies. If your Immediate Supervisor cannot answer your questions or does not forward your questions up the chain of command for resolution, you may contact HR for assistance. Failure to follow CFFD guidelines may result in disciplinary action, up to and including termination of membership/employment. (b) The following is an illustrative, non-exhaustive list of reasons for disciplinary action: 1) Violation of any Department policy or rule, including any policy in this Handbook. 2) Falsifying membership/employment application, CFFD time records, personnel, or other Department documents or giving false statements, either orally or in writing, concerning membership/employment with the Department. 3) Failure to use a time clock application or reporting time for another person 4) Theft, unauthorized use, possession, destruction, or removal of Department, Personnel, or patient/customer assets, records, software, supplies, or other property. 5) Violation of the Equal Employment Opportunity Policy. 6) Violation of the Anti-Harassment Policy. 7) Violation of the Substance Abuse Policy. 8) Use, possession, or being under the influence (impaired) of alcohol, drugs, or inhalants on Department property, on Duty, on patient/customer property, or while conducting Department business. 9) Fighting, throwing objects, horseplay, practical jokes, or other disorderly conduct that may endanger the well-being of Department operations, Personnel, or patients/customers. 10) Damage or destruction of property belonging to the Department, Personnel, or patients/customers through improper, careless, negligent, unsafe, or willful acts. 11) Possession of prohibited weapons on Department property. 12) Failure to comply with the Search Policy. 13) Violation of the Safe Workplace Policy. 14) Violation of the Department Systems Policy. 15) Excessive absenteeism, tardiness, or failure to provide “proper notice.” 16) Unauthorized absence from work during the workday. 17) Violation of the Proprietary Information/Confidentiality Policy. 18) Inappropriate disclosure and/or misuse of personnel or patient personal information. 19) Violation of the No Solicitation/Distribution Policy. 20) Failure to return promptly from an authorized vacation or leave of absence. 21) Using Department offices to conduct a private practice or business enterprise. 22) Sleeping on the job unless authorized. 23) Disregarding safety, health, or security regulations. 24) Insubordination, using profane or abusive language, refusing to comply with instructions, deliberately restricting output, or failing to perform reasonable duties that are assigned. 25) Inducing, coercing, or attempting to induce or coerce another person to commit an illegal act or violate Department policies. 26) Engaging in criminal acts or violating any public laws and regulations. 27) Conviction of a crime that the Department, in its sole discretion, believes bears on a person’s fitness to perform their job. 28) Engaging in conduct that the Department believes shows a lack of good moral character. 29) Suspension or loss of a driver’s license for personnel requiring such licensure for job 8 01/01//2024 performance. 30) Suspension or loss of EMS certification for personnel requiring such certification for job performance. 31) Suspension or loss of EMS credentials by the Medical Director for personnel for whom such credentialing is required for job performance. (c) This policy is not intended to preclude or dissuade personnel from engaging in activities protected by state or federal law, including the National Labor Relations Act, such as, but not limited to, discussing wages, benefits, or terms and conditions of employment, organizing activity, or raising complaints about working conditions for their and their fellow personnel’s mutual aid or protection, and this policy shall be interpreted and enforced in a manner consistent with this stated intent; provided, however, that nothing herein releases personnel from any statutory, contractual and other obligations of confidentiality, privacy, and non- disclosure including but not limited to such prohibitions as provided under HIPAA. Mandatory Reporting of Events On or Off Duty (a) Notice of Suit Against Personnel: Any person who has a damage suit filed against them because of an act performed in the line of duty shall notify the Fire Chief, through their chain of command, of the suit. Notification shall be made in writing via email, certified mail, or personally delivered a copy of the complaint with a complete and accurate account of the circumstances in question within three (3) days of receipt or notification of suit. (b) Notice of Arrest: Personnel who are arrested shall notify the Fire Chief, through their chain of command, of the charge. Notification shall be made in writing via email, certified mail, or a personally delivered letter within twenty-four (24) hours of release from custody. Failure to notify the Fire Chief will result in discipline, up to and including termination. Supervisors who fail to forward the notification of an arrest to the Fire Chief within twenty-four (24) hours of being notified are also subject to discipline. (c) Notice of Pending Criminal Investigations: Personnel who become aware they are under investigation for any criminal matter by any lawfully authorized agency shall notify the Fire Chief through their chain of command. Notification shall be made in writing via email, certified mail, or a personally delivered letter within twenty-four (24) hours. Essential Behavioral Expectations (a) All personnel are expected to use professional courtesy, discretion, and sound judgment when interacting with co-workers, members of the public, vendors, visitors, and other personnel. (b) Personnel are responsible for the following behavioral expectations: maintaining confidentiality of business knowledge and personnel information, maintaining professional relationships while engaging in job-related tasks, cooperating with others to resolve conflict and achieve goals, and maintaining a pleasant attitude while leaving personal business or issues/problems outside the workplace. This is not an exhaustive list. Personnel must possess the physical and mental health necessary to perform assigned duties. (c) These expectations are not intended to restrict communications, actions, or expressions protected or required by state or federal law, including the right to exercise activity protected by the National Labor Relations Act. For example, this policy shall not be interpreted as prohibiting personnel from discussing their wages or other terms and conditions of employment. (d) All non-disclosure, confidentiality, and privacy obligations must be complied with, whether from state or federal law, contract, job description, or otherwise, including but not limited to 9 01/01//2024 the HIPAA requirements related to personal health information. Disputes in Working Conditions CFFD believes that the working conditions, wages, and benefits it offers to personnel are competitive with those offered by other Departments in this area and this industry. There are times when personnel have concerns or dissatisfaction and feel they have not been treated fairly concerning certain conditions of membership/employment. Some of these items may include but are not limited to, seniority, working hours, vacation, and other related items or conditions of membership/employment. A dispute could also arise if a person believes a mistake has been made in administering a rule, plan, or Department Policy. If you have any problem with your working conditions, please notify your Immediate Supervisor. If you feel you have not received a satisfactory answer or decision after discussing the situation with your Immediate Supervisor, you should request a meeting with HR. Tobacco and Nicotine Use (a) In keeping with CFFD's intent to provide a safe and healthy working environment, tobacco and nicotine usage (smoking and the use of other tobacco and nicotine products) in the workplace is prohibited except in those locations that have been designated explicitly as tobacco and nicotine usage areas. In situations where the preferences of tobacco users and nontobacco users are in direct conflict, the preferences of nonusers will prevail. (b) Smoking, smokeless tobacco, and e-cigarettes are prohibited by any person within a CFFD building or vehicle. (c) Smoking, smokeless tobacco, and e-cigarette use are not permitted while training is being conducted. Smoking, smokeless tobacco, and e-cigarettes can occur in Instructor designated outside areas at Training Facilities and sites where training occurs during break periods. (d) At incident scenes where department services are provided, smoking, smokeless tobacco, and e-cigarette use shall not happen. 1) Should such incident scenes extend for a period where work break periods may be necessary, a designated area may be established. 2) Personnel shall determine where such designated areas exist through the chain of command. 3) No smoking or use of smokeless tobacco or e-cigarettes shall occur in rehab areas. Areas outside of the rehab area may be designated. (e) At public relations or education events, smoking, the use of smokeless tobacco products, and e-cigarettes shall not occur. (f) At Department buildings, smoking, smokeless tobacco, and e-cigarettes are permitted only in designated outdoor areas. 1) No usage is allowed within 20 feet of building entrances and exits, air intake ducts, storage of flammable and combustible liquids or gases, or dumpsters or trash cans. (g) Personnel are to discard tobacco product waste (cigarette butt, wrapper, container, spit, or smokeless tobacco wad) in the proper receptacle. The tossing of cigarette butts onto grounds or parking areas is not permitted. (h) Spitting on sidewalks, urinals, trash cans, or the interior of buildings is prohibited. (i) Everyone is responsible for maintaining a clean and fresh appearance in and around Department facilities. (j) This policy applies equally to all personnel and visitors. Substance Abuse and Testing (a) To maintain a safe, drug-free, healthful, and productive work environment and protect its personnel and the general public, the Department has adopted a comprehensive 10 01/01//2024 Substance Abuse and Testing Policy applicable to all personnel. (b) As part of its commitment, the Department has multiple drug-testing procedures. (c) Personnel with questions or concerns related to drug or alcohol use in the workplace, substance dependency, or abuse are encouraged to discuss these matters with their Immediate Supervisor. If you feel you have not received a satisfactory answer or decision after discussing the situation with your Immediate Supervisor, you should request a meeting with HR. Please refer to CFFD Departmental Standard Operating Guideline # ADM.03.06 for Substance Abuse and Testing Policy. Workplace Violence (a) CFFD is committed to preventing workplace violence and maintaining a safe work environment. To ensure a safe workplace and to reduce the risk of violence, all personnel should review and understand all provisions of this policy. (b) All personnel, patients, customers, vendors, and business associates should always be treated courteously and respectfully. Personnel are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Conduct that threatens, intimidates, or coerces another person, patient, customer, vendor, or business associate will not be tolerated. CFFD resources may not be used to threaten, stalk, or harass anyone at or outside the workplace. CFFD treats threats coming from an abusive personal relationship as it does other forms of violence. (c) Indirect or direct threats of violence, incidents of actual violence, and suspicious individuals or activities should be reported as soon as possible to your Immediate Supervisor and HR. Personnel should be as specific and detailed as possible when reporting a threat or violent incident. Personnel should not place themselves in peril or attempt to intercede during a violent incident. Reports can be made anonymously, and all reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately, and information will be disclosed to others only on a need-to-know basis. CFFD will actively intervene at any indication of a possibly hostile or violent situation. (d) CFFD does not tolerate workplace violence committed by or against personnel. Personnel are prohibited from making threats or engaging in violent activities. This list of behaviors provides examples of conduct that is not permitted: 1) Causing physical injury to another person. 2) Making threatening remarks. 3) Displaying aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress. 4) Intentionally damaging employer property or property of another person. 5) Committing acts motivated by, or related to, sexual harassment or domestic violence. (e) Reports or incidents warranting confidentiality will be handled appropriately, and information will be disclosed to others only on a need-to-know basis. CFFD will actively intervene at any indication of a hostile or violent situation. (f) Although CFFD does not expect personnel to be skilled at identifying potentially dangerous persons, they are expected to exercise sound judgment and inform their Immediate Supervisor or HR if any person exhibits behavior that could be a sign of a potentially dangerous situation. Such behavior includes: 1) Bringing weapons into the workplace. 2) Displaying overt signs of extreme stress, resentment, hostility, or anger. 3) Making threatening remarks. 4) Showing sudden or significant deterioration of performance. 11 01/01//2024 5) Displaying irrational or inappropriate behavior. (g) Personnel should promptly inform their Immediate Supervisor and HR of any protective or restraining order they have obtained that lists the workplace as a protected area. Personnel are encouraged to report safety concerns concerning intimate partner violence. CFFD will not retaliate against personnel making good-faith reports. CFFD is committed to supporting victims of intimate partner violence by providing referrals to the Thrive Support Team Program and community resources and providing time off for reasons related to intimate partner violence. (h) Anyone found responsible for threats of or actual violence or other conduct that violates this policy will be subject to prompt disciplinary action up to and including termination. Weapons (a) CFFD does not allow any job applicant, volunteer, employee, contractor, subcontractor, visitor, vendor, agent, or representative to possess, use, conceal, carry, or maintain any prohibited weapon or handgun on CFFD premises. Department property includes, without limitation, all Department-owned or leased offices, vehicles, apparatus, structures, and surrounding areas, such as sidewalks, walkways, driveways, and parking lots under the Department’s ownership or control. (b) Personnel who hold a license to carry (LTC) and lawfully possess a gun or ammunition from transporting or storing it are legally authorized to keep it in a locked, privately owned motor vehicle in a parking lot. The Department does not have any duty to inspect, patrol, or secure the parking lot or any vehicles parked in the parking lot. In addition, the Department has no duty to confirm or determine personnel compliance with gun ownership or possession laws. (c) Personnel are also prohibited from carrying any prohibited weapon or handgun while in the course and scope of performing their job or any task on behalf of CFFD, whether they are on Department property at the time or not and whether they are licensed to carry a handgun or not. (d) Prohibited weapons include any weapon or explosive restricted under local, state, or federal regulation. This consists of all guns, illegal knives, or other weapons covered by law. If you have a question about whether this Policy covers an item, please see your Immediate Supervisor or HR. Any person who witnesses possessing or concealing a prohibited weapon should report this information to your Immediate Supervisor and HR. (e) If CFFD has a reasonable suspicion that a prohibited weapon or handgun has been maintained, carried, or stored in violation of this Policy, the Department reserves the right to conduct a reasonable search of the person, work area, personal items, or any vehicle in the possession or subject to the control of such person to investigate whether or not a prohibited weapon is present. (f) Except for cases of gross negligence, the law gives the Department immunity from civil liability in an action for personal injury, death, property damage, or any other damages resulting from or arising out of a gun or ammunition stored or transported in a person's vehicle. The presence of a gun or ammunition in a manner allowed by the law does not constitute a failure by the Department to provide a safe workplace. Searches (a) Workplace searches may be necessary to preserve safety and confidentiality and address possible law or Department policy violations. Federal and state laws govern employees’ privacy rights in the workplace. The Department may conduct workplace searches if there is: 1) a reasonable basis for suspicion of member wrongdoing or 2) no reasonable expectation of privacy in the item or location exists. 12 01/01//2024 (b) When necessary, authorized persons may search and inspect Department property and personal items, including vehicles, brought onto Department property. To determine if the search of a particular space is proper, there must be a reasonable suspicion that evidence exists and may be found there. The search should be tailored to its purpose and the nature of the suspected misconduct. Personnel's refusal to cooperate in a search, inspection, or investigation will result in disciplinary action up to and including termination. Decision to Search (a) The following CFFD representatives can authorize searches: 1) HR Director 2) Fire Chief 3) Chief of Operations 4) Assistant Chief(s) Conducting Searches (a) At least three (3) Department representatives must conduct an unannounced search. Two representatives will search, and the third will record the inventory. Items found and identifying locations should be noted. Relevant items should be secured when found. Be mindful of gender considerations for sensitive searches; a search should be conducted by at least one person of the same gender in case private or sensitive items must be searched. (b) Before the search is conducted: 1) The person involved will be taken to a private location and informed that the Department would like to search and inspect their possessions (including their vehicle) per Department policy. 2) Written consent should be obtained from the member immediately before beginning the search. 3) Communicate the investigation process to the members so they are fully informed. (c) Personnel who refuse to cooperate with a search request from an authorized CFFD representative shall: 1) Not be detained in any way, but should be informed that any refusal to cooperate may be grounds for disciplinary action up to and including termination. (d) The following may be searched: 1) Any property of CFFD, including lockers, desks, and other individually assigned spaces. 2) Any personal property brought onto CFFD premises by personnel, including: i)Pockets ii)Purses/wallets iii)Backpacks iv) Lunch container v) Cars/trucks vi) Shopping bags/boxes vii)Removable clothing Personnel may be asked to remove a coat, sweater, or similar clothing for inspection. Personnel may be asked to turn their pockets inside out. The search should not include any form of body searching. (e) The Department personnel searching must complete a report immediately after the search. 1) The following information must be included in the report: 13 01/01//2024 i) Reason for the search. ii) Who was involved in the search. iii) Where the search was conducted. iv) Date and time of search. v) The subject matter of the search vi) What was found during the search. vii) What items were seized viii) Whether the member was present. ix) What instructions were given to the member following the search. 2) The report should be turned in to HR and the CFFD representative who authorized the search. Safety, Health and Accidents (a) To assist in providing a safe and healthful work environment for personnel, customers, and visitors, CFFD has established a workplace safety program. This program is a top priority for CFFD. Its success depends on the alertness and personal commitment of all. (b) CFFD provides information to personnel about workplace safety and health issues through regular internal communication channels such as personnel meetings, bulletin board postings, emails, or other written communications. (c) Some of the best safety improvement ideas come from our personnel. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their Immediate Supervisor or forward them through the chain of command to HR. Reports and concerns about workplace safety issues may be made anonymously if the person wishes. All reports can be made without fear of reprisal. (d) All personnel are expected to obey safety rules and to exercise caution in all work activities. Personnel must immediately report any unsafe condition to their Immediate Supervisor. Personnel who violate safety standards, cause hazardous situations, or fail to report or, where appropriate, remedy such situations may be subject to disciplinary action, up to and including termination of membership/employment. (e) In the case of accidents that result in injury, regardless of how insignificant the injury may appear, personnel should immediately notify Dispatch and their Immediate Supervisor. Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefits procedures. (f) A written report for all accidents and injuries must be completed as soon as possible following the event. Forms are available from a Department Officer. Any damage to a Department vehicle, no matter how slight, must be reported to Dispatch and your Immediate Supervisor. Dispatch will send a notification page and ensure the necessary personnel respond to the location to complete the required documentation for a vehicle accident/incident. Please contact your immediate supervisor or HR for safety or accident-reporting questions. Workers’ Compensation Insurance: (a) Workers’ compensation insurance may pay for benefits like medical care to treat injured personnel or become ill because of their jobs. It may also pay some of their lost income. Personnel must notify the Department within 30 days of knowing the injury or illness might be work-related. The Department is required to provide coverage information when personnel are hired or when the Department ceases to be covered by workers’ compensation insurance. Workers' compensation only covers injuries or illnesses sustained in the course 14 01/01//2024 and scope of membership/employment. (b) Workers’ compensation will not be paid if members: 1) Intentionally caused their injuries. 2) Were injured while playing around (horseplay) or while intoxicated. 3) Were injured outside work or while voluntarily participating in an off-duty sports or social event. 4) Were injured by someone else for personal reasons unrelated to the job. 5) Were injured by an “act of God,” like a flood or hurricane, unless the job had a high exposure to these events. (c) Refusal of suitable light-duty work can stop the payment of workers' compensation temporary income benefits. Texas Labor Code Title 5 Workers’ Compensation Subtitle B Discrimination Issues Chapter 451 prohibits discrimination against personnel who have filed workers' compensation claims in good faith, hired a lawyer to represent them in a claim, or are somehow in the process of doing so. Dress and Personal Appearance (a) CFFD is a professional department that interacts with patients, customers, vendors, and the public. Dress, grooming, and cleanliness standards affect personnel morale and the image presented to the public. Offensive body odor and poor personal hygiene are not professionally acceptable. (b) Hair should be clean, well-groomed, and safe. Any unsafe hairstyle shall be trimmed accordingly or bound (bun, ponytail, or braided) to eliminate the hazard. Hair coloring must be of a natural color. Unnatural hair coloring, such as green, blue, purple, bright red, pink, etc., is prohibited. Hairpins, combs, or barrettes must be neutral in color and may not interfere with properly wearing any Department apparel or gear. Wigs or hairpieces may be worn on duty or in uniform for cosmetic reasons to cover natural baldness or physical disfigurement. If a wig or hairpiece is worn, it must conform to this policy for natural hair and must not cause a safety hazard. Any hairstyle that significantly distracts from the uniform appearance of personnel will not be allowed. (c) Sideburns can extend to the bottom of the earlobe. Sideburns, mustaches, goatees, and beards will be trimmed and well-groomed. Goatees and beards shall not extend past 1” or a #7 guard. A mustache shall not extend more than 1” below the corners of the upper lip or beyond the outer points of the lip. The length of a member’s mustache hair, fully extended, shall not exceed ¾”. No mustache shall be excessively bushy, rolled, curled, waxed, twisted, or pulled to a point in any manner. If the job function requires a mask, facepiece, SCBA, or any similar item, facial hair shall not be allowed at points where the facepiece is designed to seal with the face. Any facial hair considered to be unsafe shall be trimmed or shaved to eliminate the hazard. (d) While on duty, in the public eye, tattoos will only be displayed on the arms and legs while in uniform (excluding tattoos for natural-looking cosmetic enhancements, such as eyebrows, lips, and eyeliners). No other visible tattoos are authorized. The display of any unprofessional or offensive tattoo or brand (nudity or violence, sexually explicit or vulgar art, words, phrases; profane language, symbols to incite adverse reactions, initials or acronyms that represent criminal or oppressive organizations) regardless of its location, while personnel are in uniform, is prohibited. The department reserves the right to evaluate tattoos on a case-by- case basis. (e) Personnel may wear jewelry of a conservative style. Jewelry should not be functionally restrictive, dangerous to job performance, or excessive. Personnel are prohibited from wearing any jewelry considered inappropriate or offensive to any individual or group. Objects, articles, jewelry (including ear lobe expanders), or ornamentation shall not be inserted, 15 01/01//2024 attached to, or through the skin if visible on the nose, eyebrow, tongue, any part of the mouth, or cheek. Two (2) sets of reasonably-sized earrings may be worn in each ear lobe. (f) Perfume, cologne, and aftershave lotion should be used moderately or avoided altogether, as some individuals may be sensitive to strong fragrances. (g) The cosmetics applications must be consistent with the professional appearance required by the Department. Personnel choosing to wear cosmetics will apply them lightly; colors will neither be too bright nor too dark. Lipstick will not be worn with shades that distinctly contrast with the complexion, detract from the uniform, or are extreme. Some examples of extreme colors include but are not limited to purple, gold, black, blue, white, bright red, khaki, camouflage, and fluorescent colors. (h) Fingernails will be kept neatly trimmed and not extend more than ¼” beyond the fingers' ends. Fingernail polish is permitted. Shades may not be extreme or detract from the uniform. (i) When representing CFFD, personnel should wear clean, comfortable, appropriate attire based on the requirements of their position. All dresses and skirts are to be of a reasonable length. Pants, pantsuits, and jeans must be clean and neat. Pants/jeans or other items that are torn, faded, or have holes in them are not acceptable. Tank tops, short shorts, warm-up suits, and cut-offs are inappropriate. Shirts must be tucked into pants. Personnel may be asked to leave the workplace to change if the attire is inappropriate or unsafe. Time will not be compensated while not at work. Clothing that is excessively dirty or ragged should be changed before responding to a call for service. Department personnel shall not dress in suggestive apparel. Uniforms (a) The purpose of a uniform policy is to ensure all personnel of the Department project a consistent and professional appearance that exemplifies the quality of work provided. A professional appearance is a critical component in an overall well-managed organization. It reflects well on the organization and its personnel when interacting with customers and the public. (b) All personnel shall wear the appropriate uniform. All personnel are responsible for obtaining and maintaining the uniform items required for their assignment. All uniform items shall be kept in presentable condition. Faded, worn, or damaged clothing is unacceptable; this includes faded lettering or markings. Please refer to CFFD Departmental Standard Operating Guidelines # ADM.01.03. for Uniforms. Attendance/Punctuality (a) CFFD expects all personnel to conduct themselves professionally during their membership/employment, which includes regular attendance and being reliable and punctual in reporting for scheduled work. (b) The department may require medical certification to support the time off request when someone calls off for a shift. Failure to provide a note from a healthcare provider may lead to a denial of benefits and possible disciplinary action. (c) Abuse of time off (i.e., excessive or patterned absences or tardiness, leaving early) or failure to follow the call-in procedure may result in disciplinary action, up to and including termination of membership/employment. Please refer to CFFD Departmental Standard Operating Guideline # ADM.01.12 for Staffing – EMS and Suppression. Absence Without Leave (AWOL): Failure to report to duty and/or remain on duty as scheduled without proper reason or proper 16 01/01//2024 approval in advance may result in the loss of compensation and/or disciplinary action. Job Abandonment: Personnel who are absent from work without approval for three (3) consecutive shifts and who have not contacted the on-duty Supervisor or Shift Commander, as appropriate, regarding the reason for their absence shall be deemed to have abandoned their job and have voluntarily resigned their membership/employment from CFFD. Emergency/Office Closure: If weather conditions are so severe that CFFD closes its business office for the day, the Fire Chief will authorize the closure, and affected personnel will be notified. Telephone Use (a) Personal use of the Department telephone for long-distance and toll calls is prohibited. Personnel may be required to reimburse CFFD for any charges resulting from their personal use of the phone. (b) To ensure effective telephone communications, personnel should always use the approved greeting and speak courteously and professionally. Please confirm the information received from the caller and hang up only after the caller has done so. (c) All telephone calls on the Department’s dispatch lines are recorded. No outgoing calls on the 911 line are permitted. 1) PLEASE NOTE THAT NO PERSONNEL SHOULD EXPECT PRIVACY WHILE USING OR CALLING THE DEPARTMENT’S DISPATCH LINES, INCLUDING THE 911 LINE. 2) BY USING OR CALLING THE DEPARTMENT’S DISPATCH LINES, PERSONNEL CONSENT TO THE DEPARTMENT’S ACCESSING THE RECORDING OF THE CONTENT OF ANY SUCH CALL AT ANY TIME, WITHOUT NOTICE, AT THE DEPARTMENT’S SOLE DISCRETION. Personal Cell Phones: (a) While on duty, members will limit the use of any mobile device for recreation or entertainment. Personal phone calls or messages should be restricted to only essential communications and limited in length to not interfere with official duties. The member is expected to judge fairly and appropriately what constitutes acceptable use. (b) CFFD will not be liable for the loss of personal phones brought into the workplace. (c) All personal cell phones are to be on vibrate/silent while on an emergency call, while responding, while driving, at all times while in the dispatch center, or when distractions must be minimal. Violation of this policy may lead to disciplinary action, up to and including termination. (d) Job-related information on a member's phone may be considered a public record and, as such, may be available to the public under a public records request. Department Cell Phones: (a) When job duties or business needs demand, the Department may issue a business cell phone for work-related communications. Personnel must protect the phones from loss, damage, or theft. Personnel may be asked to produce the phone for return or inspection upon resignation, termination, or request. (b) Any information contained or stored on a department phone (text messages, phone numbers, photographs, email, social media, videos, etc.) that is collected while on or off-duty and is of evidentiary value in a criminal case or otherwise subject to discovery in a criminal or civil case 17 01/01//2024 is subject to production. Content on a department phone (text messages, phone numbers, photographs, email, social media postings, videos, etc.) that reflects misconduct is subject to production to the Department. Safety Issues for Cell Phone Use While Driving: CFFD is concerned about its personnel and public safety. CFFD neither requires nor expects personnel to use cell phones to discuss Department business while driving. Under no circumstances may a person place themselves or anyone else at risk to fulfill an actual or perceived business need. Dialing and talking on a hand-held cell phone is distracting and takes away from safe and courteous driving. Personnel should pull over to a secure location while making or answering calls on their cell phones. CFFD prohibits personnel from reading or sending text messaging while driving. Text messaging while driving has proven dangerous and will cause accidents. This policy applies to Department, personal, and rental cars used for business purposes. Photographic, Video, or Audio Recording Devices (a) The use of cell phone, camera, or other video or audio recording-capable devices on the Department or patient/customer premises is prohibited without the express prior permission of the Fire Chief or their designee and of the person(s) subject to recording. Photography, video, or audio recording in dorm rooms, restrooms, and locker rooms is strictly prohibited. (b) Designated personnel are allowed by the Department to document events, incidents, and training using any photographic device. (c) Under the National Labor Relations Act (NLRA), personnel generally have a right to photograph and make recordings in furtherance of protected concerted activity, like photographing health and safety violations or documenting unfair labor practices. The law permits employees to use personal devices to take such pictures and recordings and to do so during breaks or on non-work time. Portable Radios: Portable radios are provided to personnel to conduct business. All conversations on these radios are recorded. Accordingly, personnel who are issued a portable radio must follow proper protocol when using these radios. Profanity, inappropriate personal comments, and extended non- business conversations are prohibited. Department Systems (a) CFFD has established this policy concerning the access and disclosure of messages created, sent, received, or stored by Department personnel using the Department’s Systems, which include the Department’s Internet, e-mail, telephone, and voice mail systems, cell phones, facsimile and modem equipment, and computer hardware and software (“Department Systems”). (b) The Department Systems are Department property intended for business purposes. Personal use should be kept to a minimum and not interfere with a person’s regular job duties or responsiveness. (c) Only department-authorized or owned software can be installed on Department computers. Computers issued to individuals may add software approved by the IT Division individually. The Fire Chief may review restrictions on software use. (d) CFFD owns the rights to all data and files in the Department Systems. All messages (e-mail, text, instant messages) composed, sent, received, or stored on the Department Systems remain the property of CFFD. They are not the private property of any person and are subject to viewing, downloading, inspection, release, and archiving by CFFD at all times. Personnel have no expectation of privacy of any information, message, or data transmitted by any 18 01/01//2024 Department Systems. (e) Personnel with access to Department Systems shall not retransmit, copy, disclose, or disseminate in any manner written, electronic, or verbal information or substance of any email or file either monitored, reviewed, audited, intercepted, or accessed except at the request of the Fire Chief or ESD Board. Dissemination or disclosure of any of the items mentioned above may be grounds for disciplinary action up to and including termination. (f) CFFD does not permit its personnel to post messages on their social media that the Department considers to be discriminatory, harassing, defamatory, or a violation of CFFD’s policy on Proprietary Information/Confidentiality if the member has any information that would tie the account or member to the Department. This does not limit or restrict personnel communications, actions, or expressions protected or required by state or federal law, including the right to engage in speech or organizing activity protected by the National Labor Relations Act. Please refer to CFFD Departmental Standard Operating Guideline # ADM.01.07 – Social Networking Policy. (g) CFFD may exercise its right to monitor, review, audit, intercept, access, and disclose all information created, received, or sent to the Department Systems for any purpose. The confidentiality of any information should not be assumed. Even if data is erased or deleted, retrieving and reading that message is still possible. (h) All use of the Department Systems becomes part of the Department and is subject to the Public Information Act, Texas Government Code, Chapter 552, and the Texas Health and Safety Code, Chapter 181. Therefore, personnel should always ensure that information contained in the Department Systems is accurate, appropriate, and lawful. (i) All data transferred to any non-Department-owned device, laptop, cell phone, personal computer, or external memory device is the property of CFFD and must be returned or deleted upon separation of the membership/employment with CFFD, whether voluntary or involuntary. (j) The Department Systems may not be used to solicit for commercial ventures, religious or political causes, outside organizations, or other non-job related solicitations. The Department Systems are not to be used to create or distribute any offensive or disruptive messages. Among those that are considered offensive are any messages containing sexual implications, racial slurs, gender-specific comments or any other comment that offensively addresses someone's race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, genetic information, marital status, political affiliation, whistleblower activity, sexual orientation, parental status, and military service (past, present, or future), or any other characteristic protected by federal, state or local law and against retaliation for participation in EEO activity or opposition to discrimination or which violates the Department’s Anti-Harassment Policy. Department electronic communication cannot be used to harass, intimidate, or threaten another person. (k) Without prior authorization, the Department Systems shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, software, or similar materials. Department systems cannot be used to distribute the Department’s electronic mail system address book to external parties unless express written consent is obtained from the Fire Chief or ESD Board. (l) Personnel shall not use a code, access a file, or retrieve any stored information unless authorized. Personnel should not attempt to access another person's e-mail or instant messenger without the latter’s permission. Department electronic communication cannot be used to impersonate another user or mislead a recipient about your identity. (m) CFFD purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless 19 01/01//2024 authorized by the software developer, CFFD does not have the right to reproduce such software for use on multiple computers. CFFD prohibits the illegal duplication of software and its related documentation. (n) If you discover a policy violation, please notify your Immediate Supervisor and HR. Any person who violates this policy or uses the Department Systems for improper purposes shall be subject to disciplinary action, up to and including termination. Nepotism (a) Due to the potential for perceived or actual conflicts that can be carried into the daily working relationship, Personnel cannot supervise a relative or someone with whom they are in a romantic or sexual relationship. No personnel shall make discretionary department decisions, including interviewing, hiring, processing, evaluating, promoting, transferring, wages, and leave requests for a relative, consultant, intern, independent contractor, or someone with whom they are in a romantic or sexual relationship. (b) "Relative" is defined as one of the following: spouse or significant other, parent/step-parent (or in loco parentis), child (natural, adopted, step or foster), grandparent, grandchild, brother or sister-in-law, mother or father-in-law, daughter or son-in-law, uncle, aunt, nephew, niece, first cousin. Conflict of Interest (a) CFFD personnel must avoid any relationship or activity that might impair, or even appear to impair, the ability to make objective and fair decisions when performing jobs. Personnel may be faced with situations where the business actions taken on behalf of CFFD may conflict with personal or family interests. Personnel owe a duty to CFFD to advance its legitimate interests when the opportunity arises. Personnel must never use CFFD property or information for personal gain. (b) Conflicts of interest could arise by: 1) Being employed (you or a close family member) by, or acting as a consultant to, a competitor or potential competitor, supplier, or contractor, regardless of the nature of the employment, while employed with CFFD. 2) Hiring or supervising relatives or closely related persons. 3) Serving as a board member for an outside commercial company or organization. 4) Owning or having a substantial interest in a competitor, supplier, or contractor. 5) Having a personal interest, financial interest, or potential gain in any CFFD transaction. 6) Placing Department business with a firm owned or controlled by CFFD personnel or their family. 7) Accepting gifts, discounts, favors, or services from a patient, customer, vendor or potential vendor, supplier or potential supplier, bidder or potential bidder. 8) Determining whether a conflict of interest exists is not always easy. Personnel with a conflict of interest question should seek advice from their Immediate Supervisor and HR before engaging in any activity, transaction, or relationship that might give rise to a conflict of interest. 9) Outside Employment/Volunteer/Political Activity (c) A person may work with another organization or perform volunteer activities for any other organization if they perform their job responsibilities satisfactorily with CFFD. The same performance standards will judge all personnel and be subject to CFFD's scheduling demands, regardless of any existing outside work or volunteer requirements. (d) If CFFD determines that a person's outside work or volunteer activities interfere with performance or the ability to meet the requirements of CFFD as they are modified from time to time, the person may be asked to terminate the outside employment or volunteer activities 20 01/01//2024 if they wish to remain with CFFD. (e) Under no circumstances shall CFFD gear, equipment, supplies, etc., be used during a person’s employment or membership with another agency unless approved in writing by the Fire Chief. (f) At no time should any person give the impression that the Department is supporting or sanctioning any volunteer cause, political cause, or other activity that a person chooses to support. Personnel are prohibited from wearing CFFD uniforms, badges, or other Department apparel to rallies, political events, community events, or other activities without prior approval of the Department. Personnel will be notified if outside employment, volunteer, or other activities adversely impact CFFD. If CFFD determines that the person’s outside activity cannot be maintained, they may be asked to terminate the outside activity if they wish to remain with the Department. Proprietary Information and Confidentiality (a) Protecting confidential patient and business information is vital to the interests and success of CFFD. Information gathered in conversations, e-mails, and meetings is confidential and proprietary and may not be discussed with anyone outside the Department. Personnel shall not release information regarding CFFD operations, property, policies, or affairs to any person not connected with CFFD unless authorized by the Fire Chief or ESD Board or use such information to advance the personal interests of any person. Personnel shall not release information regarding an emergency incident to anyone not connected with CFFD unless specifically authorized by the Incident Commander or Fire Chief. (b) Patient confidentiality is protected by law, and no person shall release information regarding a patient without a written release from the patient or their designee or a subpoena. All patient records will be released through the Administrative office. (c) Work performed or gathered for the Department and its patients/customers remains the property of the Department. It may not be reproduced or used without the express written permission of the Fire Chief or ESD Board. Any written material, technology, operation’s process, or procedure developed by personnel during their membership/employment, including, but not limited to, patents, trademarks, copyrights, trade secrets, or scientific data, remains the property of CFFD and may not be reproduced or used in any way without the express written permission of the Harris County ESD No. 9 Commissioners. Disclosure and/or removal of confidential, proprietary information or materials to unauthorized persons is strictly prohibited and may result in disciplinary action, up to and including termination. (d) This policy shall not be interpreted as prohibiting personnel from discussing wages, benefits, or other terms and conditions of membership/employment or otherwise engaging in activities protected under the National Labor Relations Act. No Solicitation/Distribution (a) CFFD recognizes that personnel may be interested in events and organizations outside the workplace. However, solicitation and distribution of literature by a person for funds, membership, or individual commitment to outside organizations and causes is prohibited on CFFD premises during work time. These topics may be addressed while off-duty, provided it does not disturb working personnel. Solicitation and distribution of literature is also prohibited even when not at work if such activity occurs in an area frequented by patients/customers or otherwise interferes with work performed by other personnel. Solicitation or distribution of literature by non-department personnel for any purpose without the written consent of HR or the Fire Chief is prohibited on Department premises at all times. (b) This provision would not apply to disseminating information by non-supervisory personnel related to their terms and conditions of membership/employment, such as, but not limited to, discussing wages, benefits, or terms and conditions of employment, organizing activity, or 21 01/01//2024 raising complaints about working conditions. (c) If a person has a message of interest to the workplace, they may submit it to HR or the Fire Chief for approval to post it on the bulletin board or via e-mail. Chief Officers and HR may remove any harassing or offensive literature placed on Department premises or sites where Department work is performed. Media Inquiries/Public Statements CFFD has a strong desire to avoid negative media attention. All media inquiries (newspaper, magazine, radio, television, internet, social media, etc.) regarding the Department, its personnel, or its operations must be referred to the Public Relations Department or the Fire Chief. If the media contact personnel, do not comment and direct the inquiry to the Public Relations Department or the Fire Chief. The Public Relations Department or Chief Officers are authorized to make or approve public statements about the Department, its personnel, or its operations. Any person wishing to publish an article, paper, or other publication on behalf of the Department or referencing the Department

CY-FAIR Fire Department Personnel Handbook PDF 2024

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