Lehigh Acres Fire Control and Rescue District Employee Disciplinary Action Guideline PDF

Standard Operating Procedure Lehigh Acres Fire Control and Rescue District Supplemental Manual 104 Employee Disciplinary Action Guideline 104.1 PURPOSE AND SCOPE: The following Standard Operating Procedure (SOP) contains a list of violations and corresponding disciplinary actions and is intended t...

Standard Operating Procedure Lehigh Acres Fire Control and Rescue District Supplemental Manual 104 Employee Disciplinary Action Guideline 104.1 PURPOSE AND SCOPE: The following Standard Operating Procedure (SOP) contains a list of violations and corresponding disciplinary actions and is intended to serve as a guide for supervisory personnel to use in determining a reasonable action for a given offense. The list of violations is not intended to be a complete listing as disciplinary action may result from any violation of the labor agreement, District rules, regulations, policy or directives, written or verbal. This SOP will also ensure that management and employee rights are not violated. It is recognized that the circumstances of each disciplinary case are usually unique and can vary from being readily apparent to requiring a thorough investigation to be determined. This SOP provides a step by step process to be followed when the facts of a case can only be determined through an investigation. Under most circumstances, an employee's immediate supervisor would conduct the necessary investigation. A higher level officer in the chain of command may assume the responsibility of the investigation when, in their judgment, the circumstances warrant their intervention. Officers are granted authority by the Fire Chief to order reasonable disciplinary action within the following limits: Lieutenant: Up to 24 hours suspension without pay. • • Captain: Up to 24 hours suspension without pay. • Battalion Chief: Indefinite suspension w/o pay. • Division Chief: Indefinite suspension w/o pay. • Assistant Chief: Indefinite suspension w/o pay. • Deputy Fire Chief: Termination of employment. • Fire Chief: Termination of employment. Officers may recommend disciplinary action which exceeds their specific authority. Personnel serving out of rank in an acting roll have the authority of the roll assumed. Prior to suspending any employee, the on duty Battalion Chief must be notified. This SOP has been developed and shall be followed by all officers and members of the District. Deviations are not permitted except for extenuating circumstances as authorized by the Fire Chief. This SOP will replace any previous policy or procedure defining the investigative procedures and where language otherwise noted in a current collective bargaining agreement exists and conflicts, the specific language noted within the collective bargaining agreement will prevail. Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Employee Disciplinary Action Guideline - 1 Lehigh Acres Fire Control and Rescue District Supplemental Manual Employee Disciplinary Action Guideline 104.2 COUNSELING SESSION: (a) When a supervisor has reason to believe an employee’s attitude or job performance is falling below standards but feels disciplinary action is not warranted, the following procedures shall be followed: and completed on the action report form. 1. Verbally apprise the employee that a counseling session is going to take place. 2. The employee shall be given time to secure union representation if they desires. This time period shall not cause and undo delay in the counseling session. 3. A record of the session shall be kept in a digital personnel file on the Operations “W” Drive for further reference. After (1) one year the counseling session will be moved to an expired folder. A repeated incident may move forward to disciplinary action. 4. The employee shall have the right to respond in writing about the material covered in the counseling session and attach it to the supervisors’ remarks. 104.3 INVESTIGATION PROCESS: (a) In cases where the investigating officer has sufficient firsthand, direct knowledge of and/or is a witness to the offense, their written statement of said facts may negate the need for an informal inquiry or formal investigation. An Informal Inquiry is the initial questioning of persons to determine if a violation occurred, who is the offending employee, and if there is a need to continue to a formal investigation. A Formal Investigation is any subsequent questioning of persons after the offending employee is identified. Questioning of an employee identified as an offender, shall be an interrogation subject to the rules contained herein. Questioning pursuant to an informal inquiry shall not be deemed to be an interrogation. (b) The investigating officer must be able to answer the following two questions with confidence in order to bypass the investigation: 1. Does firsthand information indicate that a rule, regulation, policy, contract article or directive has been violated? 2. If yes, then was the violation intentional (misconduct) or careless (negligence) in nature? (c) Misconduct shall be defined as a deliberate violation of a rule, regulation, policy, or directive. Negligence shall be defined as the omission to do something which a reasonable person, guided by those considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent persons would not do. (d) When these questions cannot be answered with confidence, an informal inquiry shall be conducted to determine the answers. All persons questioned during an inquiry must first be verbally informed that an inquiry is being conducted. The inquiry is concluded when either enough information is obtained to confidently answer questions 1 and 2 contained herein, or there is insufficient information to proceed. In the latter circumstance the case is closed. Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Employee Disciplinary Action Guideline - 2 Lehigh Acres Fire Control and Rescue District Supplemental Manual Employee Disciplinary Action Guideline 104.4 NEGLIGENCE/MISCONDUCT CASES: (a) If the investigating officer determines that the offense involved negligence or misconduct, then they may proceed with the disciplinary action phase or continue to investigate further if more information regarding the circumstances is needed to determine a reasonable disciplinary action. Questioning of the offender during this additional investigation shall be deemed an interrogation and be subject to the rules contained herein. (b) After completion of the investigation, the investigating officer shall present the offending employee with the written notice of the disciplinary action containing the results of the investigation and the pending disciplinary action. The employee shall read the document and by signing the Action Report they concur with the conclusions of the investigating officer and with the pending disciplinary action. If the employee concurs, then the disciplinary action is taken, and the case is closed. If the employee does not concur, then they retain the documentation for up to 72 hours and then returns it to the investigating officer with their written rebuttal statement attached. The case then moves on to the Administrative Hearing. 104.5 DISCIPLINARY MATRIX (APPENDIX A): (a) The discipline matrix is intended to be used as a guide for supervisory personnel in identifying levels of discipline (excluding Step 1 - Counseling) for infractions and occurrences of LAFCRD SOPs and policies. Step 1 may be skipped if warranted. The matrix also delineates discipline for those items which may not be currently specified in a specified SOP, policy, rule, regulations, or other governing document. (b) Discipline (with just cause) shall include oral reprimand, written reprimand, suspension, demotion, and discharge (termination) from employment. Disciplinary action must be taken in accordance with the current Collective Bargaining Agreement. (c) The level of discipline will range in accordance with the disciplinary matrix. (d) • Step 1 – Counseling (not a disciplinary action). • Step 2 – Oral Reprimand • Step 3 – Written Reprimand • Step 4 – Suspension • Step 5 – Demotion • Step 6 – Termination Emergency Suspension – Any command or supervisory officer shall have the authority to impose administrative leave until the next business day against a member or employee when it appears that such action is in the best interest of the District. A member or employee receiving an administrative leave shall be required to report to the Fire Chief of the department, on the next business day unless directed otherwise by competent authority. The command or supervisory officer imposing the suspension shall also report to the Fire Chief of the department at the same time. Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Employee Disciplinary Action Guideline - 3 Lehigh Acres Fire Control and Rescue District Supplemental Manual Employee Disciplinary Action Guideline (e) (f) An employee may be placed on probation for just cause, this probationary period shall not exceed one (1) year. Prior disciplinary actions will generally not be considered in determining the appropriateness of discipline after the time periods as follows: • Oral Reprimand – One (1) year • Written reprimand – Two (2) years • Suspension – Permanent • Demotion – Permanent • Discharge from employment (termination) – Permanent All members shall follow the "Discipline and Discharge" as set forth in the Collective Bargaining Agreement CBA to resolve such differences to the extent that the specific disciplinary action taken is encompassed by the CBA. See attachment: Appendix A Action Guideline.pdf1.pdf 104.6 ACTION REPORT APPENDIX B): (a) This form will be used to document Step 1 – Counseling, and Steps 2 – 6 all levels of discipline for infractions and occurrences of LAFCRD SOPs and policies etc. If the violation results in a disciplinary action, the Action Report will remain active in the employees personnel file permanently. The Action Report will be the final form used when presenting disciplinary recommendation to the Fire Chief. The demotion and any resulting reduction in pay remain in effect until you move to a position at a higher grade or there is a legislative increase for which you are eligible. (b) You have the right to appeal disciplinary demotion through the grievance procedures within 10 business days of receipt and a copy will be placed in your official personnel record. See attachment: Appendix B.pdf 104.7 INFORMAL INQUIRY (APPENDIX C): (a) An Informal Inquiry is the initial questioning of persons to determine if a violation occurred, who is the offending employee, and is there a need to continue to a formal investigation? All persons questioned during an Informal inquiry must first be verbally informed that an inquiry is being conducted. The employee shall also be given time to secure representation if they so desires. This time period shall not cause an undo delay in the informal inquiry. The inquiry is concluded when either enough information is obtained to confidently answer questions 1 and 2 contained herein, or there is insufficient information to proceed. In the latter circumstance the case is closed. 1. Does firsthand information indicate that a rule, regulation, policy, contract article or directive has been violated? 2. If yes, then was the violation intentional (misconduct) or careless (negligence) in nature? See attachment: Appendix C.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Employee Disciplinary Action Guideline - 4 Lehigh Acres Fire Control and Rescue District Supplemental Manual Employee Disciplinary Action Guideline 104.8 NOTICE OF FORMAL INVESTIGATION/INTERROGATION (APPENDIX D): (a) This form serves as formal notice in writing or email on department email server that a Firefighter will be under Investigation/Interrogation following a determination that a situation occurred which may result in discipline. Formal investigations are conducted to gather evidence of misconduct. By definition, a formal investigation occurs when charges and/or specifications are under consideration, and the investigation is conducted for determining the specific charges and the proposed penalty. Pursuant to the “Florida Firefighters Bill of Rights” No firefighter shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter of the nature of the investigation. The firefighter shall be informed beforehand of the names of all complainants. See attachment: Appendix D.pdf 104.9 FLORIDA FIREFIGHTERS BILL OF RIGHTS (APPENDIX E): (a) 2012 Florida Statutes - Whenever a firefighter is subjected to an interrogation, such interrogation shall be conducted pursuant to the terms of this section. See attachment: Appendix E.pdf 104.10 INTERROGATION (APPENDIX F): (a) Any member subject to an interrogation will be pursuant to the “Florida Firefighters Bill of Rights”. See attachment: Appendix F.pdf 104.11 INTERNAL AFFAIRS OFFICER: (a) The Assistant Chief of Administration is responsible for the administration/authenticity of all recommendations of disciplinary (complaints/investigations) to the Fire Chief of the department regarding all District rules, regulations, policies, procedures, and directives of the Fire District and any local, state and federal laws and ordinances etc. Once the Fire Chief makes his/her recommendation, the internal affairs officer is responsible for making sure the employees personnel file (“W” drive) is updated to reflect current changes regarding this process. 104.12 ADMINISTRATIVE HEARING (APPENDIX G): (a) If the process proceeds to an administrative hearing and the investigation is completed, the investigating officer shall inform their supervisor that an administrative hearing can be scheduled. The investigating officer’s supervisor or Chief designee will act as the hearing officer. The purpose of the hearing will be to determine whether the disciplinary action is for just cause by hearing evidence and testimony from the investigating officer and the employee regarding the case. Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Employee Disciplinary Action Guideline - 5 Lehigh Acres Fire Control and Rescue District Supplemental Manual Employee Disciplinary Action Guideline (b) The administrative hearing will be conducted at a District facility of the hearing officer's choice on the offending employee's duty day between the hours of 8:00 am and 4:00 pm. The hearing officer shall provide at least 48 hours written notice of the hearing to both the employee and the investigating officer. (c) The hearing officer shall weigh the evidence and testimony and render a decision in the matter. The hearing officer shall have authority to uphold, dismiss, or alter the disciplinary action as the circumstances warrant according to his/her judgment. The decision of the hearing officer shall be announced at the close of the hearing. No employee shall be discharged, disciplined, demoted, denied promotion or seniority, transferred, reassigned or otherwise discriminated against in regard to their employment, or threatened with such treatment by reason solely of their exercise of the provisions of this SOP. See attachment: Appendix G.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Employee Disciplinary Action Guideline - 6 Attachment Supplemental Manual Appendix A Action Guideline.pdf1.pdf Appendix A Action Guideline.pdf1.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Appendix A Action Guideline.pdf1.pdf - 8 Appendix A. Action Guideline Steps 1, 2, 3, 4, 5, 6 1-Verbal / Counseling 2-Oral Reprimand 3-Written Reprimand 4Suspension 5Demotion 6Termination 1 2 3 4 5 6 1. Each member of the Fire District is responsible for the thorough understanding and shall adhere to the rules, regulations, policies, procedures, and standard operating guidelines/procedures, directives of the Fire District and any local, state, and federal laws and ordinances etc. (Ref. General Rules & Regulations) 2. It shall be the responsibility of each member of the District to immediately report violations of any rule, regulation, order, policy, or directives governing the Fire District. All violations shall be immediately reported in writing to the member’s immediate supervisor. Such reports shall be made for the protection of others and for the good of the District and never with malicious or unfriendly intent. (Ref. General Rules & Regulations) 1 2 3 4 5 3. Members who are given orders they believe to be contrary to general orders or the rules of the District must first obey the order to the best of their ability, and they may thereafter proceed to appeal as provided herein. (Ref. General Rules & Regulations) 1 2 3 4 5 4. Members shall not leave their station, emergency scene or duty assignment during working hours except when authorized by their Superior Officer. (Ref. General Rules & Regulations) 1 2 3 4 5. No member shall, while under the influence of intoxicating beverages, liquors, drugs or substances, report for duty, special detail, or be on District property. No members shall have in their possession, store on District property, purchase or partake of any intoxicating beverages, liquors, illegal drugs, or substances while on duty or in uniform. No member shall at any time be under the influence of a substance declared illegal by the State of Florida or the United States Government. (Ref. General Rules & Regulations) 1 2 3 Steps 1, 2, 3, 4, 5, 6 6. 7. All members shall treat and address each other in a courteous manner. Officers shall be addressed by their title while on duty; members shall work together in harmony and exhibit a courteous demeanor in their relationships with each other. No member shall speak disrespectfully of another member. (Ref. General Rules & Regulations) 1-Verbal / Counseling 2-Oral Reprimand 3-Written Reprimand 4Suspension 5Demotion 6Termination 1 2 3 4 5 1 2 3 4 2 3 4 5 No member shall conduct themselves in a manner that in any way will bring discredit to the District or be considered conduct unbecoming of a District employee both on and off duty. (Ref. General Rules & Regulations) 8. Members shall be courteous, respectful and act in a professional manner when dealing with the public. No member of the District, while on duty, shall use coarse, profane, or insolent language, nor show any disrespect to other personnel or to any member of the public. (Ref. General Rules & Regulations) 9. Engagement in altercations of any kind while on duty or District property with any District personnel, visitors, patients, or members of the public on emergency scenes is prohibited, with the exception of selfdefense. Such conduct is a serious breach of discipline. This shall also apply to inappropriate behavior by District staff that is off duty, on District property and/or at events where their actions and/or presence would be held as a member or representative of the District. (Ref. General Rules & Regulations) 1 2 3 10. The District will take immediate action, up to and including termination, against any employee who makes verbal threats of violence or engages in any threatening behavior or acts of violence. Each employee is expected to embrace the District’s strong commitment to providing a safe, healthy, and secure work environment. The District expects all employees to report to management immediately any threatening behavior or acts of violence. Unless authorized by the Chief, weapons are not allowed on District premises or in District vehicles. (Ref. General Rules & Regulations) 1 2 3 1 Steps 1, 2, 3, 4, 5, 6 1-Verbal / Counseling 2-Oral Reprimand 3-Written Reprimand 4Suspension 5Demotion 6Termination 1 2 3 4 5 6 11. Members shall be responsible for the completeness and accuracy of all reports with which they are assigned. (Ref. General Rules & Regulations) 12. Members are required to speak the truth at all times whether under oath or not, in giving testimony, in connection with any official order received, or otherwise in connection with their duties on behalf of the District. (Ref. General Rules & Regulations) 1 2 3 4 5 13. Members shall not be party to any malicious gossip, or activity that would tend to disrupt District morale or bring discredit to the District or its members and shall immediately report the discovery of these conditions to their superior officer. (Ref. General Rules & Regulations) 1 2 3 4 5 14. The use of prescribed drugs, which may impair the employee’s ability to work, shall be reported to their superior officer. (Ref. General Rules & Regulations) 1 2 3 4 5 15. Members shall not take part in any political campaign of a candidate for an elective position while on duty or while in the District uniform. Taking part as used herein means making political speeches, passing out political literature, writing letters, pictures in uniform, soliciting petitions, soliciting votes, or making public remarks about candidates for elective positions or utilizing the e-mail system of the District to forward any political message. (Ref. General Rules & Regulations) 1 2 3 4 5 16. No member shall willfully disobey any lawful order issued by a superior officer; nor shall he/she speak disrespectfully of or to any superior officer or any other member of the District. (Ref. General Rules & Regulations) 1 2 3 4 5 17. Members are expressly forbidden to engage in any boisterous conduct “horseplay” or similar activities not occasioned by the requirements of their duty and which may result in injury or illness to anyone. (Ref. General Rules & Regulations) 1 2 3 4 5 Steps 1, 2, 3, 4, 5, 6 18. All injuries and incidents must be reported to their immediate supervisor and/or Battalion Chief ASAP. Notification must be made via phone or face-to-face. An injury report/or incident report on Aladtec must be completed in detail to Administration within 24 hours. (Ref. General Rules & Regulations) 19. It is the District’s intent to provide a safe and healthy work environment, and in accordance with Florida law, smoking and the use of tobacco products in the workplace is prohibited etc. (Ref. General Rules & Regulations) 1-Verbal / Counseling 2-Oral Reprimand 3-Written Reprimand 4Suspension 5Demotion 6Termination 1 2 3 4 5 6 1 2 3 4 5 1 2 3 Sexual fraternization between members, 20. while on duty, is strictly prohibited. (Ref. General Rules & Regulations) 21. While on duty, tattoos are only permitted to be displayed on the arms and legs while in uniform. No visible tattoos on the hands, neck, or face will be authorized etc. (Ref. General Rules & Regulations) 1 2 3 4 5 22. Any member caught violating safety rules, policies, and procedures or contributing to an unsafe working environment, will be grounds for disciplinary action, up to and including termination. (Ref. General Rules & Regulations) 1 2 3 4 5 23. It shall be the responsibility of each member to maintain and be held accountable for their uniforms. All personnel shall remain in a minimum of a Class “C” uniform during all duty hours unless directed by “Orders of the Day” and other Rules and Regulations of the District. (Ref. General Rules & Regulations) 1 2 3 4 5 6 1 2 3 4 5 6 24. Members may only occupy beds from 1600 hours to 0700 hours Monday-Friday, after daily duties are complete on weekends and holidays or in cases of sickness from exertion through duty immediately preceding, with the permission of the station Lieutenant. Holiday routine shall apply according to current bargaining agreement. (Ref. General Rules & Regulations) Steps 1, 2, 3, 4, 5, 6 1-Verbal / Counseling 2-Oral Reprimand 3-Written Reprimand 4Suspension 5Demotion 6Termination 1 2 3 4 5 2 3 4 5 6 1 2 3 4 5 25. As a general rule, no person, other than members of the District shall be allowed to sleep within any District station. The Battalion Chief may authorize non-District individuals to sleep at a station. The name and reason for the overnight occurrence shall be noted in the Battalion Chief’s logbook. (Ref. General Rules & Regulations) 26. Members shall be neat and clean except when duties or assignments obviously prevent. All members shall bathe promptly after engaging in rigorous and dirty activities. All members shall maintain a neat and clean personal hygiene level for the comfort and protection of co-workers. (Ref. General Rules & Regulations) 27. Employees are expected to be at their respective work location at the designated time. If an employee fails to report to work at the designated time, the first offence will result in an oral reprimand. The second offence will result in a written reprimand. The third offence will result in a twelve (12) hour suspension without pay. The fourth offence will result in administrative action up to and including discharge Any employee not at their respective work location by the scheduled starting time (without authorized leave) will be considered A.W.O.L. End (Ref. CBA Article 9) 28. No member shall go off-duty unless properly relieved by a uniformed member of equal rank or responsibility, unless authorized by the Lieutenant or Battalion Chief. (Ref. General Rules & Regulations) 1 2 3 4 29. Members shall not permit any person other than District members to ride upon District vehicles unless permission to do so is given by the Battalion Chief or Administrative Supervisor. Anyone approved to ride on District apparatus must review the District ride along policy and sign a waiver form. (Ref. General Rules & Regulations) 1 2 3 4 1 Steps 1, 2, 3, 4, 5, 6 30. All members shall treat and keep all District vehicles, apparatus, equipment, and property clean and in proper working condition/operation at all times. (Ref. Employee Use of District Vehicles) 31. Employees will be accountable and responsible for reckless, negligent, or unsafe use or operation of District equipment. In such cases, employees are subject to disciplinary action up to and including termination to the extent permitted by current collective bargaining agreements and/or law. Misuse or carelessness in handling District property will not be tolerated. (Ref. General Rules & Regulations) 32. When backing emergency response vehicles other than staff vehicles, a backer/spotter will be used when available. The most current SOG on Response-Backing Vehicles will be adhered to at all times. (Ref. Backing District Vehicles) 33. All members shall don the proper safety equipment before engaging in any hazardous activities to include but not limited to training, structural firefighting, brush fires, car fires, hazardous material incidents and any rescue or hazardous scene requiring the protection of PPE. For purposes of this regulation, minimal acceptable safety equipment shall be bunker coat, bunker pants, bunker boots, helmet, gloves, goggles, PBI hood, and SCBA when applicable. (Ref. General Rules & Regulations) 34. All members who are responsible for driving and operating a District vehicle must maintain a current valid Florida Driver’s License. Any member who fails to stay current and has a suspended or revoked license or certification that is required for their position shall be subject to disciplinary action etc. (Ref. Employee Use of District Vehicles) 1-Verbal / Counseling 2-Oral Reprimand 3-Written Reprimand 4Suspension 5Demotion 6Termination 1 2 3 4 5 6 1 2 3 4 5 2 3 4 5 6 1 2 3 4 5 1 2 3 1 1-Verbal / Counseling 2-Oral Reprimand 3-Written Reprimand 4Suspension 5Demotion 6Termination 35. All members of the Lehigh Acres Fire Control and Rescue District are required to wear seat belts when operating or riding in a Fire District vehicle as required by State Statute. (Ref. Employee Use of District Vehicles) 1 2 3 4 5 6 36. It is the responsibility of each employee to promptly notify the District of any changes in personnel data. Personal mailing addresses, telephone numbers, names and number of dependents, individuals to be contacted in the event of an emergency, insurance/dependent changes, and other such status reports should be accurate and current at all times. Members shall notify the Administrative Director and Battalion Chief via email within twenty-four hours (24) of any change in address or telephone number. (Ref. General Rules & Regulations) 1 2 3 4 5 6 37. Under NO circumstances will a driver of any apparatus be permitted to use a cell phone while driving an emergency vehicle whether on a call or not, with the exception to command staff in staff vehicles only. Employee Use of District Vehicles 1 2 3 4 5 38. Camera-phones and Digital cameras are not to be used while on emergency or nonemergency calls by anyone other than those individuals authorized to do so by the department etc. (Ref. General Rules & Regulations) 2 3 4 5 6 39. All behavior between employees/volunteers shall be behavior conductive to a sound professional work environment at all times when on department property or on department time. Handholding, kissing, hugging, sexual comments, and other behavior generally associated with a dating relationship are inappropriate while on department time or department property etc. (Ref. Discriminatory Workplace Harassment Policy and Compliance) 1 2 3 Steps 1, 2, 3, 4, 5, 6 1 4Suspension 5Demotion 6Termination 40. Any relationship involving personnel at different levels on the chain of command (or where one party has functional supervision over another) shall be reported by the person of higher rank to his/her supervisor immediately. Failure to report this relationship is a violation of this policy. The Officer receiving this information shall immediately contact the Administrative Director and inform them of the relationship etc. (Ref. Discriminatory Workplace Harassment Policy and Compliance) 1 2 3 41. No member shall use their position/authority to receive any gift, reward, or remuneration of any kind for service rendered in the discharge of his/her duty, except donated perishable items that can be shared by other members. (Ref. General Rules & Regulations) 1 2 3 4 5 6 Steps 1, 2, 3, 4, 5, 6 42. Employees are responsible to ensure that all monthly-required training assigned to Target Solutions is completed and submitted on their last shift of the month with a minimum of 20 hours. Required training assignments/reports not submitted/completed as noted herein are subject to progressive discipline beginning with oral counseling, up to termination. (Ref. General Rules & Regulations) 1-Verbal / Counseling 1 2-Oral Reprimand 2 3-Written Reprimand 3 Attachment Supplemental Manual Appendix B.pdf Appendix B.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Appendix B.pdf - 9 Appendix B 636 Thomas Sherwin Avenue S. Lehigh Acres, Florida 33974 Action Report Employee Information Name: Supervisor: Rank: Present Assignment: Date: Shift: Type of Infraction Disciplinary Matrix GO / Memo Violation Rules & Regs Violation SOG Violation SOP Violation Other: Substandard Work Details of Infraction The misconduct or performance problem was as follows: (include where and when the problem occurred). Employee Warning Step 1 - Counseling Developmental Plan / Objectives: Investigation Process Date of Incident: Date of Informal: Time: Location: Date of Formal: Notice of Interrogation Y/N Date: Summary: Discipline Being Imposed / Recommended Step 2 – Oral Reprimand Step 4 - Suspension Step 3 – Written Reprimand Step 5 - Demotion Section: Number: Step 6 - Termination Name: Incident Overview: Developmental Plan / Objectives: Recommendation of Disciplinary Action: Employee: Witness: Employee Disciplinary Action Guideline Supervisor: Union Rep: Chief: Date: Page 1 Attachment Supplemental Manual Appendix C.pdf Appendix C.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Appendix C.pdf - 10 Appendix C 636 Thomas Sherwin Avenue S. Lehigh Acres, Florida 33974 Informal Inquiry Name: __________________________ Rank: _______________ Present Assignment: __________________ Supervisor: ______________________________ Date of Incident: _______________ Time: _____________ Location: ____________________________ Today’s Date: __________________ Summary of Informal __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Employee: ___________________________ Supervisor: __________________________ Union Rep: __________________________ No further action required: Employee: ________________________ Supervisor: _______________________ Notice of Formal Investigation The above incident has been continued to a formal investigation: Notice of Formal Investigation, times and date are to be determined. Employee Disciplinary Action Guideline Page 1 Attachment Supplemental Manual Appendix D.pdf Appendix D.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Appendix D.pdf - 11 Appendix D 636 Thomas Sherwin Avenue S. Lehigh Acres, Florida 33974 Notice of Formal Investigation / Interrogation Name: __________________________ Rank: _______________ Present Assignment: __________________ Supervisor: ______________________________ Date of Incident: _______________ Time: _____________ Location: ____________________________ Date of Informal: _____________Today’s Date: _____________ Complainant Name: _____________________ Rank: ________ Present Assignment: __________________ Notice of Formal Investigation / Interrogation The supervising officer has determined during an informal inquiry that a reprimand, suspension or removal shall be necessary for violation/s of the Lehigh Acres Fire Control and Rescue District Rules and Regulations listed below. Section: Section: Section: Number: Number: Number: You are hereby notified that a Formal Investigation / Interrogation on the above incident will convene at station _________ located at____________________ Lehigh Acres FL. On___________@________. You are required to be present during this proceeding. Union representation is at your discretion and your responsibility to provide. You must arrange for any and all evidence or witnesses you wish to present in your defense, and have this evidence and witness available for this proceeding. You are expected to cooperate during the Formal Investigation. You may be asked to provide a written statement, as well as questions specifically related to this investigation. I further wish to advise you that if you refuse to testify or to answer questions relating to this investigation, you could be subject to disciplinary action / discharge. You are ordered not to discuss on or off duty the details of this investigation with anyone other than the undersigned, Supervisor (Investigator) or any other individual designated, or you’re Union Representative. Violation of these instructions will be grounds for immediate discharge. Employee: __________________________ Supervisor: __________________________ Union Rep: _________________________ Employee Disciplinary Action Guideline Page 1 Attachment Supplemental Manual Appendix E.pdf Appendix E.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Appendix E.pdf - 12 Appendix E “Florida Firefighters Bill of Rights” 13.03 State of Florida Bill of Rights, Part VIII, Florida Statutes, 112.80 –84, consisting of Sections. This aforementioned Bill of Rights reads as follows: FIREFIGHTERS 112.80 Short title. This part may be cited as the “Firefighters Bill of Rights.” 112.81 Definitions. As used in this part: 1. “Firefighter” means any person who is certified in compliance with S. 633.35 and who is employed solely within the fire department or public safety department of an employing agency as a full-time firefighter whose primary responsibility is the prevention and extinguishment of fires, the protection of life and property, and the enforcement of municipal, county, and state fire prevention codes and laws pertaining to the prevention and control of fires. 2. “Employing agency,” means any municipality or the state or any political subdivision thereof, including authorities and special districts, which employ firefighters. 3. “Informal inquiry” means a meeting by supervisory or management personnel with a firefighter about whom an allegation of misconduct has come to the attention of such supervisory or management personnel the purpose of which meeting is to mediate a complaint or discuss the facts to determine whether a formal investigation should be commenced. 4. “Formal Investigation” means the process of investigation ordered by supervisory personnel, after the supervisory personnel has previously determined that the firefighter shall be reprimanded, suspended, or removed, during which the questioning of a firefighter is conducted for the purpose of gathering evidence of misconduct. 5. “Administrative proceeding” means any non-judicial hearing that may result in the recommendation, approval, or order of disciplinary action against, or suspension or discharge of, a firefighter. 6. “Interrogation” means the questioning of a firefighter by an employing agency in connection with a formal investigation or an administrative proceeding but shall not include arbitration or civil service proceedings. Questioning pursuant to an informal inquiry shall not be deemed to be an interrogation. Employee Disciplinary Action Guideline Page 1 112.82 Rights of Firefighters. Whenever a firefighter is subjected to an interrogation, such interrogation shall be conducted pursuant to the terms of this section. 1. The interrogation shall take place at the facility where the investigating officer is assigned, or at the facility which has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer. 2. No firefighter shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter of the nature of the investigation. The firefighter shall be informed beforehand of the names of all complainants. 3. All interrogations shall be conducted at a reasonable time of day, preferably when the firefighter is on duty, unless the importance of the interrogation or investigation is of such a nature that immediate action is required. 4. The firefighter under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogations. 5. Interrogation sessions shall be of reasonable duration and the firefighter shall be permitted reasonable periods for rest and personal necessities. 6. The firefighter being interrogated shall not be subject to offensive language or offered any incentive as an inducement to answer any questions. 7. A complete record of any interrogation shall be made, and if a transcript of such interrogation is made, the firefighter under investigation shall be entitled to a copy without charge. Such record may be electronically recorded. 8. An employee or officer of an employing agency may represent the agency, and an employee organization may represent any member of a bargaining unit desiring such representation in any proceeding to which this part applies. If a collective bargaining agreement provides for the presence of a representative of the collective bargaining unit during investigations or interrogations, such representative shall be allowed to be present. 9. No firefighter shall be discharged, disciplined, demoted, denied promotion or seniority, transferred, reassigned, or otherwise disciplined or discriminated against in regard to his or her employment, or be threatened with any such treatment as retaliation for or by reason solely of his or her exercise of any of the rights granted or protected by this part. Employee Disciplinary Action Guideline Page 2 Attachment Supplemental Manual Appendix F.pdf Appendix F.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Appendix F.pdf - 13 Appendix F 636 Thomas Sherwin Avenue S. Lehigh Acres, Florida 33974 Documentation of Interrogation duration Name: __________________________ Rank: _______________ Present Assignment: __________________ Supervisor: ______________________________ Date of Incident: _______________ Time: _____________ Location: ____________________________ Date of Informal: _____________Today’s Date: _____________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Starting time: __________ Ending time: ___________ Person: __________________________ Sign of time keeper: ______________________________________ Date: _________________ Employee Disciplinary Action Guideline Page 1 Attachment Supplemental Manual Appendix G.pdf Appendix G.pdf Copyright Lexipol, LLC 2023/05/22, All Rights Reserved. Published with permission by Lehigh Acres Fire Control and Rescue District Appendix G.pdf - 14 Appendix G 636 Thomas Sherwin Avenue S. Lehigh Acres, Florida 33974 Notice of Administrative Hearing Name: __________________________ Rank: _______________ Present Assignment: __________________ Supervisor: ______________________________ Date of Incident: _______________ Time: _____________ Location: __________________________ Date of Informal: _____________Date of Formal: _____________ Today’s Date: _________________ Notice of Administrative Hearing A Formal Investigation / Interrogation on the above incident was duly noticed and convened on___________. The evidence in this case has resulted in a recommendation for disciplinary action being filed against you by, investigating officer for violation/s of the Lehigh Acres Fire Control and Rescue District Rules and Regulations listed below. Section: Section: Section: Number: Number: Number: You are hereby notified that the Chief of the department (or his/her designee) will make a decision regarding this recommendation. The Administrative Hearing will convene at______hrs on____________at Station 105, located at 636 Thomas Sherwin Avenue South, Lehigh Acres FL, 33974. You have the right to be present during this proceeding and to have union representation. Employee: __________________________ Supervisor: __________________________ Union Rep: __________________________ Employee Disciplinary Action Guideline Page 1