Bernalillo County Fire Department Policies & Procedures PDF

**PURPOSE** To establish a policy that addresses the proper response to orders given, received, and conflicting orders. **POLICY** It is the policy of the Bernalillo County Fire Department to establish the authority of the officers within the department and their ability to direct subordinates un...

**PURPOSE** To establish a policy that addresses the proper response to orders given, received, and conflicting orders. **POLICY** It is the policy of the Bernalillo County Fire Department to establish the authority of the officers within the department and their ability to direct subordinates under the authority of the Fire Chief. Additionally, it describes the consequences of failing to follow an order but also gives support to not following unlawful or unsafe orders. **PROCEDURE** **DEFINITIONS** - ORDERS -- Written or verbal direction given based upon the authority of the Fire Chief. - INSUBORDINATION -- Deliberate refusal to obey a lawful or safe order. I. **WRITTEN DOCUMENTS** A. Members shall abide by federal and state laws as well as local ordinances and statutes. 1. Failure to abide by Federal or State Laws or local ordinances and statutes may also be dealt with through legal avenues. B. Members shall become familiar with, and abide by, the Bernalillo County Rules and Regulations. C. Members shall read, become familiar with, and abide by Department policies and procedures, directives, memorandums, IAFF Local 244 CBA, and standard operating guidelines (SOGs). 1. These documents have been established to accomplish the mission and objectives of the Department 2. Failure to abide by the Department's policies and procedures, directives, memorandums, IAFF Local 244 CBA, or SOGs may constitute insubordination. II. **ORDERS AND INSUBORDINATION** A. Authority to give orders has been delegated to the officers of the Department under the Authority of the Fire Chief. B. Officers and acting officers shall refrain from exceeding their authority in giving orders. The wrongful or injurious exercise of authority is prohibited. C. Subordinates shall promptly and willingly respond to the lawful orders of superior officers or acting officers. This includes orders relayed from a superior officer by a member of the same or lesser rank. 1. Insubordination may be openly stated or it may be a silent withholding of services or work. 2. Employees **may not** decide for themselves which instructions they will follow and which they will not. 3. Verbal orders received shall be repeated back to the person giving the order to ensure that the receiver understands the order or it can be corrected by the giver. 4. Obvious disrespect for, or disruption of, an officer's order shall likewise be deemed insubordination, and may constitute grounds for disciplinary action, up to and including, dismissal. a. This includes any use of foul language. 5. Refusals to obey a lawful order shall constitute insubordination and is considered a major offense. b. It may be appropriate to skip one or more of the early steps of the progressive discipline process. c. It may constitute grounds for disciplinary action up to and including, dismissal. D. Officers shall uphold and enforce all verbal and written orders, directives, policies and procedures, memorandums, IAFF Local 244 CBA, and SOGs. Failure to do so constitutes insubordination. 6. Any disagreement with an order, directive, policies and procedures, SOGs or memorandums shall be taken to your immediate officer and discussed but shall not be discussed with your subordinates. d. Disagreements with a SOG or P&P must be submitted in writing, sent through the chain of command, and will be discussed/considered by the Chief Staff. e. Any and all changes will be approved or disapproved by the Fire Chief or their designee. E. Members shall not publicly criticize or comment derogatorily to anyone about instructions or orders received from a superior officer. F. Members shall not obey any order which they know or should know requires them to commit an illegal act. If any doubt exists as to the legality of an order: 7. The individual should discuss with the issuing Officer the possibility of the order being illegal. 8. If there is no resolution, alteration, or recension of the order, and the individual still believes that the order is illegal, the member shall request that the Commanding Officer of the person issuing the order be contacted for clarification. 9. The Commanding Officer will investigate and make a determination of the legality of the order. f. If the order is determined to be lawful, the order must be followed. g. If the order is determined to be illegal, the order must be altered. III. **CONFLICTING ORDERS** A. Should a member receive an order which conflicts, contradicts, suspends or modifies a previous order received from another officer: 1. That member shall immediately present the facts to the officer from whom the latest order was received. 2. If, after presenting the facts, the officer from whom the last order was received should insist upon the execution of that order, it shall be obeyed. 3. The officer giving the conflicting order is responsible for notifying the officer who gave the original order as soon as practical. **REVIEW/REVISED** [8/22/16 ] - Added SOGs as an enforceable document/standing order [3/21/17] - Added Section II C, 3 & 4 - Added Section III A, 1 [5/8/18 ] - I.C. added IAFF Local 244 CBA - I.C.2 added IAFF Local 244 CBA - changed supervisor to officers throughout document - II.D. added IAFF Local 244 - II.D.1.a & b rewrite - II.F.2 changed member to officer - III.A.&1&2 added officer [10/4/19] - Restructured the definition of Insubordination - Section II, C, 3 -- added "Verbal" to specify that only verbal orders need to be repeated. - Section II, F, - 1 -- Clarified that the individual would seek direction from the next officer up the chain of the issuing officer - 2 -- changed superior to Commanding, meaning the next officer up the chain to the issuing officer - Section III, A, 1 & 2 -- removed the word superior from this section.