Houston Fire Department Complaints Policy PDF

HOUSTON FIRE DEPARTMENT SUBJECT: COMPLAINTS VOLUME NO. I PROFESSIONAL STANDARDS OFFICE REFERENCE NO. I-04 SECTIONS 1.00-6.08 1.00 PURPOSE 1.01 To manage effe...

HOUSTON FIRE DEPARTMENT SUBJECT: COMPLAINTS VOLUME NO. I PROFESSIONAL STANDARDS OFFICE REFERENCE NO. I-04 SECTIONS 1.00-6.08 1.00 PURPOSE 1.01 To manage effectively in a uniform manner, all complaints filed with the Houston Fire Department relating to departmental activities. 2.00 OBJECTIVES 2.01 To standardize a guideline relative to the receipt, investigation, and resolution of complaints related to citizen interaction and employee misconduct. 2.02 To promote a common bond of trust between the Houston Fire Department and the citizens of Houston. 2.03 To protect an employee from frivolous or false allegations of misconduct. 2.04 To provide for the responsibilities and duties required of the employee. 3.00 DEFINITIONS 3.01 Complaining Party: A person who complains, either verbally or in writing, about any actions taken by an employee of the Department. 3.02 Complaint: A written or verbal statement by a citizen or employee complaining of any misconduct by an employee of the Department. 3.03 Formal Complaint: A sworn, notarized written statement filed by a complainant relating to misconduct of an employee. 3.04 Formal Complainant: A person who files a formal complaint relating to the misconduct of an employee. 3.05 Classified Employee: A firefighter employed by the Department who holds a position that is classified under Texas Local Government Code, Chapter 143, and who has completed the probationary period specified in Section 143.027, Texas Local Government Code. 3.06 Non-Classified Employee: An employee of the City of Houston Fire Department who is not classified as defined in 3.06 above. 3.07 Investigation: Any administrative investigation conducted by the City of Houston (City) of any alleged misconduct by an employee that could result in punitive action against that employee. 3.08 Policy Awareness Program (P.A.P.): When the Office of the Inspector General (O.I.G.) or the Professional Standards Office receives a complaint, a preliminary review is conducted. If the complaint is not formalized, the case may be referred as a “P.A.P.” and may be assigned by the Professional Standards Office to the Deputy Chief, who may distribute it to the District Chief, Station Captain, EMS Supervisor, and/or other appropriate personnel. The appropriate supervisor(s) should discuss the matter with the member and explore ways to avoid similar or more serious problems in the future. The I-04 Complaints REVISED 03/14/2022 REVIEWED 4/28/23 Page 1 of 4  P.A.P. should be considered as education or training, not discipline. After the notification is complete, the P.A.P. form will be completed by the supervisor(s) and forwarded to the Shift Commander via the Chain of Command. The Shift Commander will then ensure the form is returned to the Professional Standards Office Complaint Intake Officer. Portions of formalized complaints may also be referred as a P.A.P. as necessary for supplemental/additional training, education, etc. 3.09 Punitive Action: A disciplinary suspension, indefinite suspension, demotion in rank, or any combination of those actions. 3.10 Respondent: The subject of an investigation who has been accused of misconduct. 3.11 Witness: Any person who has direct or indirect knowledge of alleged misconduct of an employee. This may include a complaining party. Any person who provides testimony tending to prove or disprove any alleged misconduct. 4.00 SCOPE 4.01 This Guideline will be applicable to all Divisions/Sections of the Houston Fire Department. 5.00 RESPONSIBILITIES 5.01 All employees will adhere to this guideline. 5.02 All employees will be responsible for ensuring that all citizen or employee complaints received or misconduct observed are promptly forwarded or reported to either the Professional Standards Office or the Office of Inspector General (OIG). 5.03 All employees will be responsible for ensuring that strict confidentiality is maintained in all aspects of the complaint process. 5.04 The Professional Standards Office will refer to the Office of Inspector General (OIG) all complaints alleging employee misconduct involving discrimination, retaliation and/or harassment. The OIG’s responsibilities are set forth in Executive Order 1-39 Revised and amendments thereto, if any. The signature of the complainant should be affixed on the complaint and certified by a notary public at the time of filing or prior to such filing, in compliance with Texas Local Government Code 143.123. 5.05 Subject to 5.04 above, the Professional Standards Office shall be responsible for the investigation of allegations of employee misconduct including, but not limited to, violations of state or federal law, violations of the Houston Fire Department Rules and Regulations, General Orders, Memorandums, Bulletins, Orders, Directive Policies, Procedures and/or Guidelines, or any complaint referred by OIG. The signature of the complainant should be affixed on the complaint and certified by a notary public at the time of filing or prior to such filing, in compliance with Texas Local Government Code 143.123. 5.06 Complaints and inquiries of EMS personnel relating to improper medical procedures may be assigned to EMS Command for investigation after a review by the Professional Standards Office. 6.00 GUIDELINES 6.01 All complaints will be handled within the parameters of this guideline. 6.02 Receiving Complaints: I-04 Complaints REVISED 03/14/2022 REVIEWED 4/28/23 Page 2 of 4  A. Employees receiving on-scene complaints shall at all times be attentive and courteous regardless of how trivial the complaint seems. Employees confronted with complaints that cannot be resolved immediately shall instruct the complaining party to forward their complaint to the Professional Standards Office 500 Jefferson St, 19th Floor, Houston, Texas 77002 or call 832-394-6750. At no time shall a complaint be addressed that in so doing would tend to hinder an emergency operation. B. Employees confronted with serious complaints that cannot be resolved immediately, that allege discrimination, retaliation, or harassment of a protected class shall instruct the complaining party to forward their complaint to the Office of Inspector General (OIG), 900 Bagby, 4th Floor, Houston, Texas 77002 or call the OIG Hot Line at 832- 394-5100. C. Employees confronted with serious complaints that cannot be resolved immediately, that allege criminal violations, violations of Houston Fire Department Rules and Regulations, General Orders, Memorandums, Orders, Bulletins, Directives or Guidelines shall instruct the Complaining Party to forward their complaint to the Professional Standards Office, 500 Jefferson St, 19th Floor, Houston, Texas 77002 or call 832-394-6750. D. Complaints received by the Office of Emergency Communications (OEC) shall be referred to OIG or Professional Standards Office as prescribed in Section 6.02 Sub- sections A, B and C of this guideline. E. Complaints received by mail shall be forwarded directly to OIG or Professional Standards Office at the following address: Office of Inspector General Professional Standards Office 900 Bagby, 4th Floor 500 Jefferson St, 19th Floor, Suite 1980 Houston, TX 77002 Houston, TX 77002 6.03 Filing Complaints: A. Employees wishing to file a complaint that alleges violations of Houston Fire Department Rules and Regulations, General Orders, Memorandums, Orders, Bulletins, Directives or Guidelines may file with the Professional Standards Office, 500 Jefferson St, 19th Floor, Houston, Texas 77002 or call 832-394-6750. B. Employees wishing to file a complaint that alleges fraud, discrimination, retaliation, or harassment involving a protected class may file directly with the Office of Inspector General (OIG), 900 Bagby, 4th Floor, Houston, Texas 77002 or call the OIG Hot Line at 832-394-5100. 6.04 Medical Quality Assurance and Question of Medical Competency: A. Pursuant to the Medical Practice Act of the State of Texas and State Rules governing medical supervision of EMS, the Medical Director provides medical quality assurance by internal investigations of any alleged commission of sub-optimal patient care as well as other medically related aspects of operations. B. When appropriate, the Medical Director may file a complaint directly with OIG or the Professional Standards Office for an administrative investigation of employee misconduct relating to patient care or medical procedures. 6.05 Investigations and Interrogations shall be conducted pursuant to Texas Local Government Code, Section 143.123. 6.06 Conducting Investigations of Complaints: The Professional Standards Office and the Office of Inspector General shall conduct investigations of alleged employee misconduct in accordance with their respective internal or Standard Operations Procedures and to the extent required, in compliance with Texas Local Government Code 143.123, ensuring I-04 Complaints REVISED 03/14/2022 REVIEWED 4/28/23 Page 3 of 4  strict confidentiality. 6.07 Results of an Investigation shall, to the extent required, be pursuant to Texas Local Government Code, Section 143.123. The complainant and respondent will receive written notification of the final disposition of the investigation. 6.08 Claims of Personal Injury or Property Damage: Complaints received concerning claims for damaged property or personal injury shall be referred to the City Secretary’s Office, P.O. Box 1562, Houston, TX 77251-1512 and the City Attorney’s Office, Attn: Claims/Subrogation Division, P.O. Box 368, Houston, TX 77001-0368 or call 832-393- 6393. I-04 Complaints REVISED 03/14/2022 REVIEWED 4/28/23 Page 4 of 4