Baltimore County Fire Department Rules and Regulations PDF
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This document details the rules and regulations governing the Baltimore County Fire Department. It outlines various sections, including introduction, member duties, organization, and ranks.
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RULES AND REGULATIONS GOVERNING THE FIRE DEPARTMENT BALTIMORE COUNTY, MARYLAND PROPERTY OF RULES AND REGULATIONS OF THE BALTIMORE...
RULES AND REGULATIONS GOVERNING THE FIRE DEPARTMENT BALTIMORE COUNTY, MARYLAND PROPERTY OF RULES AND REGULATIONS OF THE BALTIMORE COUNTY FIRE DEPARTMENT TABLE OF CONTENTS INTRODUCTION A. Oath of Office................................................................................................................. 3 B. Statement of Authority................................................................................................... 4 C. Application of these Rules............................................................................................. 4 D. Use of Section Headings................................................................................................ 5 E. Definition of Words and Abbreviations......................................................................... 5 Article I: Duties and Responsibilities of Members................................................................. 6 Rule 1. Conduct of Members................................................................................................. 6 Rule 2. Recovered or Salvaged Property............................................................................. 10 Rule 3. Uniforms and Department Property........................................................................ 10 Rule 4. Leave from Duty..................................................................................................... 12 Rule 5. Reports, Communications and Records.................................................................. 12 Rule 6. Civil and Criminal Matters Involving Members..................................................... 13 Rule 7. Employment Outside the Fire Department.............................................................. 14 Rule 8. Disciplinary Procedure............................................................................................ 15 Article II: Organization and Ranks...................................................................................... 21 2-1 Fire Chief...................................................................................................................... 21 2-2 Assistant Chief..............................................................................................................21 2-3 Division Chiefs………………………………………………………………………..22 2-4 Battalion Chiefs………………………………………………………………………..24 2-5 Fire Directors…………………………………………………………………………..25 2-6 Captains………………………………………………………………………………...25 2-7 Lieutenants……………………………………………………………………………..29 2-8 Paramedics……………………………………………………………………………..29 2-9 Emergency Medical Technicians………………………………………………………30 2-10 Fire Specialists………………………………………………………………….……31 2-11 Fire Apparatus Driver/Operators……………………………………………………..32 2-12 Firefighters…………………………………………………………………………....33 Appendix A – (Retain for future use) Appendix B – Special Personnel Rules and Regulations for the Baltimore County Fire Department, Baltimore County Code, Title 25, Section 25-127.......................................................................................................... 35 Appendix C – Fair Practices Program.................................................................................. 36 Revised 1/2018 2 RULES AND REGULATIONS OF THE BALTIMORE COUNTY FIRE DEPARTMENT OATH OF OFFICE FOR NEW HIRES OR PROMOTEES I (state name), swear (or affirm) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland and support the Constitution and laws thereof, and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office rank of (_____) for Baltimore County, according to the Constitution and laws of this state. RULES AND REGULATIONS OF THE BALTIMORE COUNTY FIRE DEPARTMENT A. STATEMENT OF AUTHORITY These rules are established by the Chief of the Baltimore County Fire Department under authority granted to him by the Baltimore County Code, Title 16, Article I (Section 16-2, Baltimore County Code 1988). B. APPLICATION OF THESE RULES The Rules and Regulations outlined herein are promulgated for the purpose of advising all personnel of the Baltimore County Fire Department, including recruits and probationary employees, as to their duties and obligations as members of the Department. Compliance with these Rules and Regulations is required, and any deviations, under extraordinary circumstances, must be fully justified. These requirements are not intended to cause any hardship or to restrict any personnel in the efficient and effective performance of their assigned tasks. In fact, the provisions herein outlined simply reflect the high level of integrity, loyalty, and dedication expected of our profession. Members of the Department should also consult the Personnel Manual for Baltimore County for information on policies and benefits that may apply in addition to these Rules and Regulations. Baltimore County Fire Department As originally published December 1, 1989 Revised 1/2018 3 C. USE OF SECTION HEADINGS Headings of the various sections of these Rules are added for the convenience of the reader and are not part of these Rules. D. DEFINITION OF WORDS AND ABBREVIATIONS In the Rules, the following definitions apply except as expressly stated otherwise or as the context of the word requires: (1) “ALS” means Advanced Life Support. (2) “BLS” means Basic Life Support. (3) “County” means Baltimore County, Maryland. (4) “Department” means the Baltimore County Fire Department. (5) “EMS” means Emergency Medical Services. (6) “EMT” means Emergency Medical Technician. (7) “Fire Chief” means the Chief of the Baltimore County Fire Department. (8) “Fire Department” means the Baltimore County Fire Department. (9) “Leave” shall include all types of absences. (10) “Member” means every employee of the Baltimore County Fire Department, whether sworn or not sworn, including recruits and probationary employees. (11) “SOP” means the Standard Operating Procedures of the Baltimore County Fire Department. (12) “Vehicle” includes motor vehicles, boats, aircraft, and any other conveyance. Revised 1/2018 4 ARTICLE I DUTIES AND RESPONSIBILITIES OF MEMBERS RULE 1: CONDUCT OF MEMBERS Section 1-101: Conduct unbecoming a member Any breach of the peace, misconduct or neglect of duty, whether or not specifically enumerated in these Rules or other Department policy, committed while on or off duty within or outside Baltimore County, which tends to undermine or is prejudicial to the good order, efficiency or discipline of the Fire Department, or which reflects discredit upon the Department, any member thereof, or the government of Baltimore County shall be considered conduct unbecoming a member of the Fire Department, and a violation of these Rules. Section 1-102: Civil and orderly conduct required Members of the Department shall conduct themselves in a civil and orderly manner at all times, and refrain from coarse, profane, or insolent expression either by oral or written word or by gesture or movement. Section 1-103: Courtesy towards public Members of the Department shall meet the public with courtesy and consideration. Questions must be answered civilly and courteously. Members shall not use slang or facetious expressions while talking to the public. Section 1-104: Aid and assistance to the public It shall be the duty of every member of the Department to promote good public relations by giving assistance when it is required in the course of carrying out their duties and responsibilities. Section 1-105: Giving personal information to the public Members of the Department, when on duty, shall, upon request, furnish their name and duty assignment to any person. Section 1-106: Improper influence prohibited No member of the Department shall attempt to bring improper influence from within or outside the Department in order to secure promotion, transfer or other preferential treatment, or to avoid discipline or punishment. Section 1-107: Political activity Members of the Department, while on duty or while wearing the Fire Department uniform, on or off duty, shall not engage in any political activity except to exercise their rights of suffrage. Revised 1/2018 5 Section 1-108: Public comment or criticism No member of the Department, while on duty, shall publicly criticize or comment upon the official action of any member of the Department in such a manner as to reflect discredit upon the Department or in a manner which is prejudicial to the good order and discipline of the Department. Section 1-109: Authority of officers, insubordination (a) The authority of a Fire Department officer shall extend to all members of lower rank, whether or not the subordinate member works in the same division, section or unit as the officer. (b) No member of the Department shall disobey a lawful order, either written or verbal, of any superior officer. (c) No member of the Department shall act or speak in an insubordinate or disrespectful manner to any superior officer. Section 1-110: Fighting and disruptive behavior (a) No member of the Department shall maliciously threaten, assault or strike another member of the Department or any other person. (b) No member of the Department shall aid, abet or incite fights or other altercations between members of the Department. (c) No member of the Department shall engage in fighting or disruptive argument with other members of the Department. Section 1-111: Confidential information All members of the Department shall treat as confidential the official communications and business of the Department, when so designated to be confidential. Section 1-112: False statements, damage to records No member of the Department shall intentionally make any false or misleading statement or entry into the records of the Department, nor willfully damage or mutilate any Department book, record, file or document. Section 1-113: Violations of law No member of the Department shall intentionally violate any federal, state, or County law, or any rules, regulations, policies or procedures established by the Baltimore County Government or the Fire Department. Section 1-114: Performance of duties, punctuality, etc. (a) Members of the Department shall properly perform all of their duties. (b) Every member of the Department shall be punctual in reporting for duty and for all assignments, and shall quickly respond to all emergency calls. Revised 1/2018 6 (c) Members of the Department shall not feign illness, avoid responsibility, or attempt to shirk their duties. (d) No member of the Department, while off duty, shall cause a nuisance by loitering in or around any Fire Department property. Section 1-115: Licenses, certificates, etc. Members of the Department shall maintain in good standing any licenses, certificates, educational degrees or diplomas, or other credentials necessary for them to properly perform their Fire Department duties. Section 1-116: Bars, taverns, etc. Members of the Department, while on duty, shall not loiter in or frequent bars, taverns, liquor establishments or other occupancies or businesses engaged in the display or sale of pornographic materials, except in the proper performance of their duties, neither shall they engage in any of the above activities, in uniform, while off-duty. Section 1-117: Use of alcohol or controlled dangerous substances No member of the Department shall indulge in intoxicating liquors or controlled dangerous substances or be under the influence of alcohol or controlled dangerous substances while on duty. Section 1-118: Alcohol, controlled dangerous substances on Department property No member of the Department shall bring any intoxicating liquors or controlled dangerous substances into any Department building, boat or vehicle, nor shall they permit the same to be brought therein. Section 1-119: Gifts or gratuities Members of the Department shall not solicit in any manner or accept any gift, gratuity or service which may be intended to influence the members in the performance of their duties or reward them for performing their duties. Section 1-120: Commercial use of Department name No member shall lend their name, as a member of the Department, to any business or commercial enterprise, nor shall any member condone or countenance the use of the name and the prestige of the Department for any purpose without the written approval of the Fire Chief. Revised 1/2018 7 Section 1-121: Rendering hand salute Every member of the Department wearing the Class “A” Fire Department uniform shall render the hand salute at appropriate times to the Fire Chief and other superior officers. Section 1-122: Emergencies encountered while off duty In the event that sworn members of the Department, while not on duty, are at the scene of a fire or other emergency, they are authorized to take whatever professional and reasonable action they may deem necessary for the protection of life and property Section 1-123: Notification of on-duty injuries Any member of the Department who sustains an injury while on duty shall promptly notify, or cause to be notified, the commanding officer or supervisor. Section 1-124: Changes in personal information Every member of the Department shall, within five days of its occurrence, report any change in marital status, draft status, residence, telephone number, or any other item of personal information kept by the Department. Section 1-125: Misuse of telephones and computers No member of the Department shall, except in emergencies, use the Departmental computer system for any personal or improper use, nor shall they use the telephone for any improper purpose or for personal calls. Section 1-126: Infractions of Rules and Regulations Infractions of Department Rules and Regulations resulting in punishment or reprimand shall be recorded as provided in the established procedure of the Department. Section 1-127: Carrying and use of weapons Unless expressly authorized by the Chief of the Department, no member may carry or use, while on duty, or bring onto Department property at any time, any firearm or other dangerous or deadly weapon as described and defined by Md. Ann. Code, Art. 27, Section 36. This prohibition includes, but is not limited to firearms, switchblade knives, chemical mace, pepper mace, and tear gas devices. Revised 1/2018 8 RULE 2: RECOVERED OR SALVAGED PROPERTY Section 1-201: Property Every member of the Department who, while performing duties, finds or otherwise takes custody, control or possession of the property of another person, shall provide for the proper care and security of the property in conformance with the law and Fire Department policy. Section 1-202: Evidence of arson, other crimes In accordance with Fire Department policy, every member of the Department shall take particular care to protect and preserve any potential evidence of arson or other crime. RULE 3: UNIFORMS AND DEPARTMENT PROPERTY Section 1-301: Personal grooming Members of the Department, while on duty, are required at all times to be neat, clean and well groomed; uniforms and civilian clothes are to be clean and pressed and shoes are to be polished regularly. Section 1-302: Wearing the uniform (a) Every member of the Department, while on duty, shall wear only the uniform prescribed by the Fire Department. (b) Every member of the Department, when wearing the uniform, on or off duty, shall wear it in the manner prescribed by the Department. (c) Members of the Department shall wear their turnout clothing in the manner prescribed by the Department. Section 1-303: Misuse of the uniform (a) No member of the Department shall, for any reason, allow any other person to use the member’s badge or other uniform insignia or device, any part of the member’s uniform, or the member’s identification. (b) Members of the Department shall not sell, lend, exchange, pledge or otherwise encumber or improperly dispose of their uniform or any part thereof, or any article of Department property. Section 1-304: Improper wearing of the uniform Members of the Department shall not wear their uniforms or any part thereof, in any manner or at any functions, performances or gatherings that would demean or bring into disrepute the member, the uniform, or the Department. Revised 1/2018 9 Section 1-305: Responsibility of personnel for uniforms and equipment (a) Members of the Department shall be held personally responsible for the proper care and maintenance of their uniforms, and all equipment and Department property issued or provided by the Department for their use. (b) No member of the Department shall use or maintain any Fire Department property in a negligent or careless manner nor utilize it for any personal purposes. (c) Any member of the Department who, through malice, negligence or carelessness, damages or loses any Fire Department property shall be required to reimburse the Department for the cost of replacing the property involved. (d) Members of the Department who damage or lose, or discover the damage or loss of any Department property shall, as soon as is practical, report the matter to their commanding officer or supervisor, who may require a written report. (e) Members of the Department shall notify their commanding officers or supervisors of any Fire Department property that is in need of repair or replacement. Section 1-306: Suspension: disposition of badges and identification cards Members of the Department under suspension from duty are required to turn over to their commanding officer their badges and Fire Department identification cards. Section 1-307: Fire Department property Fire Department property shall include: (a) All equipment, including turnout clothing, issued to any employee of the Department. (b) All Department vehicles. (c) All buildings or land owned or used by the Department. (d) All equipment associated with or carried upon any Fire Department vehicle, and all equipment or property associated with, mounted upon or found within Department building or land. Section 1-308: The Fire Department uniform The Fire Department uniform shall include: (a) All dress or fatigue clothing issued to an employee of the Department. (b) Any clothing the Department requires or permits a member to provide for use as part of the dress or fatigue uniform. (c) Any badges, pins, ribbons, patches or other devices the Department provides or permits a member to use as part of the dress or fatigue uniform. Section 1-309: Maintenance of the uniform Every member of the Department shall maintain a complete uniform and shall keep a complete dress uniform at the assigned station if on shift work, or it should be readily available if not on shift work. Revised 1/2018 10 RULE 4: LEAVE FROM DUTY Section 1-401: Member to perform tour of duty Members of the Department shall, except when on authorized leave, perform the prescribed tours of duty. Section 1-402: Improper leave prohibited Members of the Department shall not be absent themselves from duty without proper authority. Section 1-403: Requests for leave All applications by members of the Department for leave shall be made in the proper form to the member’s commanding officer, who shall approve or disapprove the application in accordance with Department policy. Section 1-404: Failure to report for duty Any member of the Department who is, for any reason, unable to report for duty at the appointed time shall promptly notify, or cause to be notified, the commanding officer or supervisor and shall state the reason for such failure to report for duty. Section 1-405: Leave without pay (a) The County Director of Human Resources may, upon the written recommendation of the Fire Chief, grant leave without pay for a period of up to one year to members of the Department who present valid and sufficient reason for such leave. (b) Employment outside the Fire Department during such leave may cause the leave to be terminated. (c) Every application for such leave shall be made in writing to the Fire Chief. Section 1-406: Hours and days to be worked In order to protect the public health, safety and welfare, every member of the Department shall work those hours or days as directed by the Fire Chief, in writing or verbally, whether those hours or days fall during the day or night, on public or religious holidays, or on weekends. RULE 5: REPORTS, COMMUNICATIONS AND RECORDS Section 1-501: Confidential information Unless otherwise ordered, confidential information concerning the business of the Department shall be released only by the Fire Chief or persons authorized by him/her or as provided by the rules, regulations or procedures of the Department. Revised 1/2018 11 Section 1-502: Submission of reports All reports required to administer the affairs of the Department, or to furnish information, shall be submitted in accordance with the Department’s Standard Operating Procedures. Section 1-503: Maintenance of records All members of the Department whose duties require them to maintain Department records shall do so in accordance with the provisions of the law and the established procedures of the Department. Section 1-504: Access to Department records No person shall be allowed access to, nor be allowed to make a transcript or copy from any Department record, unless authorized to do so by the Fire Chief or Department policy. Section 1-505: Removal of records No member of the Department shall remove any official document or file belonging to the Department or any division of the Department without the authority of the Fire Chief, or as required by law, or as permitted by the Standard Operating Procedures. Section 1-506: Application of rule The provisions of this rule and any other Department policy apply equally to written and electronically stored or processed records. RULE 6: CIVIL AND CRIMINAL MATTERS INVOLVING MEMBERS Section 1-601: Summons; arrest of members (a) Members of the Department who are charged with criminal offenses, summoned by a State’s Attorney or brought before any court for a matter in which they may become a criminal defendant shall, as soon as practicable, report such event and the surrounding details to their commanding officer. (b) Members of the Department who are arrested, even if criminal charges are not brought against them, shall as soon as practicable, report the arrests and the details of the matter to their commanding officer. (c) The provisions of this section apply to all charges or violations of any federal, state or local law, with the exception of minor traffic violations that will not affect the members’ ability to perform their duties. Section 1-602: Civil actions involving members (a) Any member of the Department who institutes any civil action which involves the Department, against any person in any court, shall notify the Fire Chief of such action as soon as is practicable. The member may be required to provide the Department with a copy of any papers associated with the action. Revised 1/2018 12 (b) Any member of the Department named, in any court, as a defendant in any civil action, which involves the Department, shall notify the Fire Chief of such action, as soon as is practicable. The member may be required to provide the Department with a copy of any papers associated with the action. Section 1-603: Settlement of suits involving member In order to protect the interests of Baltimore County, including the County’s right to subrogation, no member of the Department shall settle any civil suit or any claim involving the Department without first obtaining the written permission of the Fire Chief. RULE 7: EMPLOYMENT OUTSIDE THE FIRE DEPARTMENT Section 1-701: General statement of policy Conditions and limitations placed by the Fire Department upon employment outside the Department are based on the following considerations: (a) The Department’s need to satisfy operational requirements that demand that Department members work irregular hours, and have adequate rest in order to perform strenuous work. (b) The Department’s need to project a public image of professionalism, reliability and ethical rectitude. (c) The Department’s right to expect full and faithful service of its employees. Section 1-703: Prohibition of outside employment while on duty Members of the Department shall not engage in any non-Fire Department employment, occupation or profession while on duty, nor while off duty, to the extent that their ability to meet their obligations to the Fire Department are impaired. Section I-704: Prohibition of outside employment in certain circumstances Employment outside the Fire Department shall not be permitted in any of the following circumstances: (a) Where sick leave records, or other evidence, indicate that outside employment may impair their ability to meet their obligations to the Department. (b) Where the nature of the occupation, the employer or the place where the outside work is performed may tend to bring the member of the Department into disrepute or public disfavor. (c) Where the outside employment may require or cause the member, while on duty, to violate these Rules or Department policy. (d) Where the nature of the outside employment or the place where the work is performed may tend to impair the ability of the member to meet Fire Department obligations. (e) Where any of the following situations may occur: Revised 1/2018 13 (1) Where, in the course of the outside employment, the Department member may be required or be requested to wear the Fire Department uniform. (2) Where the outside employment may require the member or the employer to use Fire Department records, documents or files. (3) Where the member of the Department or the outside employer might use or request the use of Fire Department property or equipment. (4) In any case where, in the judgment of the Fire Chief, outside employment may be detrimental to the interests of the County, the Fire Department or the involved member. Section 1-705: Conditions imposed upon outside employment The following conditions shall apply to all outside employment: (a) No County or Fire Department vehicles or other equipment may be used in connection with the outside employment. (b) Fire Department recruits may not engage in outside employment until they graduate from recruit training. (c) Members of the Department who are on sick or accident leave, or who are assigned to light duty, may not engage in outside employment unless granted permission by the Fire Chief. (d) Department members may not, in any way, use their affiliation with the Department to promote or otherwise enhance their business. Section 1-706: Imposition of additional conditions The Fire Chief may, whenever warranted, impose additional conditions on outside employment. Section 1-707: Notice of revocation of outside employment These rules and procedures have been established to ensure that employment with the Fire Department will be the prime responsibility of all personnel and are not intended to create any financial hardships. Secondary employment, therefore, may be terminated at any time (for cause), at the discretion of the Fire Chief. The Fire Chief shall, by registered mail, notify the employee that his/her secondary employment privilege is revoked, enumerating the reasons for said decision. RULE 8: DISCIPLINARY PROCEDURE Section 1-801: Discipline to be progressive (a) The provisions formulated in this Rule are within the scope of the Fire Chief’s authority to make such Rules and Regulations as may be deemed necessary for the efficient operation and government of the Department. (b) Discipline shall be imposed by the Fire Department in accordance with the provisions of this Rule, and shall be progressive in nature; that is, generally beginning at a low level and progressing to higher levels, as necessary. Progressive Disciplinary Action is a tiered concept. The purpose of counseling members is to correct behavior and ensure Revised 1/2018 14 future compliance with the Rules and Regulations, Standard Operating Procedures and Departmental policies. Initial corrective action is not intended to be punitive or restrictive. It is to be viewed as a medium to educate employees. (c) Charges may be placed against a member of the Department for any violation (either by omission or commission) of the Department’s rules, regulations, or procedures. (d) Neither the concept of progressive discipline nor the availability of formal proceedings shall be considered to replace or modify the provisions of the Baltimore County Code for summary suspension of Department members. (e) The member charged has the right to choose representation by counsel, at any level of disciplinary action, and may directly, or through counsel, plead for a reduction of the discipline imposed, or otherwise address the Board. All officers instituting any disciplinary action shall inform the member of the right to counsel. Section 1-802: Progressive disciplinary procedure Progressive disciplinary action is the responsibility of station commanders and other officers and supervisors, and shall consist of the following procedures: (a) Initial steps of progressive discipline shall consist of counseling the member to educate such member about the expected standards of behavior. (b) If initial steps in counseling the member do not succeed in achieving the desired behavior, commanders should use good judgment, appropriate to the situation, in applying further counseling, station level discipline, or other higher level discipline. (c) Commanders and supervisors should, where appropriate, use good judgment and ingenuity in dealing with breaches of discipline, and should be guided by the Fire Department Standard Operating Procedures. (d) Commanders and supervisors need not consider each violation of various rules or Department policies by a member as a completely separate case, but may view such various violations as part of a continuing pattern of unacceptable behavior by the member, for which formal Departmental proceedings may be instituted. (e) Station commanders should document in writing the purpose of counseling, and monitor the employee’s future progress and responsiveness. Section 1-803: When to institute formal disciplinary proceedings When, in the judgment of the commanding officer or supervisor, progressive discipline has been unsuccessful in correcting discipline problems, or when the nature of a violation would make progressive discipline inappropriate, the officer or supervisor shall institute formal disciplinary proceedings against the member involved. Section 1-804: Instituting formal proceedings When a commanding officer and/or supervisor has taken all possible steps under progressive disciplinary action without achieving positive results, or when advised of facts and matters that would make progressive disciplinary action inappropriate, the charges and specifications of those charges against the subordinate are to be submitted in writing to the hearing officer and to the subordinate, as specified in Section l-805. Revised 1/2018 15 Section 1-805: Designation of Hearing Officers (a) The following officers shall be the Hearing Officers for their respective Departmental units: (1) In Field Operations, the Battalion Chief or Division Chief in charge of each respective unit. (2) In the Investigative Services Division, EMS and FRA, the Division Chief in charge of the unit. (b) If unavailable or inappropriate for the designated officer to serve as the Hearing Officer, the Division Chief in charge of the Division involved, or the Fire Chief, shall name another officer of equal rank to serve. All Hearing Officers must be Chief Officers/Fire Directors; substituting Captains may not be Hearing Officers. Section 1-806: Duties and responsibilities of the Hearing Officer (a) The Hearing Officer shall within three work days, exclusive of holidays and leave days applicable to the charged member or members involved, conduct a hearing of the case at which the officer instituting the charges and the member charged shall be present. (b) At the hearing, the Hearing Officer may hear witnesses and receive any evidence deemed relevant to the case. (c) The Hearing Officer shall, within five workdays after the hearing, issue a written decision of the case to the officer initiating the charges and the member charged, through the member’s commanding officer. (d) The decision of the Hearing Officer shall consist of either: (1) Dismissal of the charges; or (2) A finding that the member charged is guilty of the violation charged. (e) If the Hearing Officer issues a finding of guilty, disciplinary action may be imposed, with the approval of the Fire Chief, consisting of any or all of the following: (1) Verbal or written reprimand (2) Suspension without pay of up to four days (3) Forfeiture of up to four days of leave (4) Transfer within the department. Section 1-807: Cases inappropriate for handling by the Hearing Officer If, upon receipt of the charges and specifications, it is deemed that, due to the serious nature of the violation or for other appropriate reasons, handling the matter at the Hearing Officer level would be inappropriate, the Hearing Officer shall refer the matter to the Fire Chief for handling by an Administrative Hearing Board, and shall notify the parties involved of such decision. In those instances in which the officer initiating the charges against a subordinate would, in the course of Section 1- 807 above, be the designated Hearing Officer, then the Division Chief in charge of the Division involved, or the Fire Chief, will designate another officer of equal rank to act as the Hearing Officer in the case. Revised 1/2018 16 Section 1-808: Appeal from the Hearing Officer’s decision (a) The member charged may appeal an adverse decision of the Hearing Officer. (b) Within 48 hours of receipt of the Hearing Officer’s decision, the charged shall be instructed to indicate on the second copy of the decision, whether or not the disciplinary action is accepted. If the charges were dismissed, the subordinate shall be instructed only to sign the second copy and return it to the Hearing Officer. The third copy is to be retained by the member. The member’s refusal to accept disciplinary action, as indicated on the second copy, shall constitute said member’s request to appeal. (c) Upon receipt of a request for appeal, the Hearing Officer shall promptly refer the case to the Fire Chief for handling by an Administrative Hearing Board. (d) The Hearing Officer may deny any request for appeal not filed within the stated time limit. (e) In the event charges are dismissed, the charging officer may, on the second copy of the Hearing Officer’s decision, indicate either endorsement of, or objection to, the decision rendered. Section 1-809: Appointment of the Administrative Hearing Board Upon receipt of a case referred by a Hearing Officer, or of a request for appeal, an Administrative Hearing Board shall be appointed by the Fire Chief to conduct a hearing of the case and to recommend a disposition of the case within 21 days. Section 1-810: Composition of the Administrative Hearing Board The Chief of the Fire Department shall appoint a three (3) member board, selected from ranks within the Baltimore County Fire Department. The Board shall consist of a chairperson, at the rank of Assistant Chief, Division Fire Chief, Fire Director, or Battalion Chief. One of the remaining two members of the Board shall be the same rank as the charged employee. Section 1-811: Duties of the Chairman of the Administrative Hearing Board The Chairman of the Administrative Hearing Board shall: (a) Schedule and give written notice to all involved persons of the dates and times of the Board’s sessions. (b) Determine that a copy of the charges and specifications is provided to the member charged not less than five days before the Board’s first session. (c) Appoint one member of the Board to be the Recorder, who shall record significant events in the hearing, the names of witnesses, a list of the evidence received, and the decision of the Board. (d) Preside over all Board sessions. (e) Resolve issues of the admissibility of any evidence. (f) Prepare all reports of sessions and decisions of the Board. Section 1-812: Evidence (a) The Board may hear, receive or examine any evidence relevant to the case. Revised 1/2018 17 (b) The hearing conducted by an Administrative Hearing Board is not a judicial proceeding; therefore, the Board will make its decision based on a preponderance of the evidence. Section 1-813: Recommendation of the Board (a) The Board shall submit its recommendation for disposition of the case to the Fire Chief and the member charged no later than two days after the Board’s last meeting pertaining to the case. (b) The Board may recommend: (1) Dismissal of the charges. (2) A finding of guilty and imposition of any disciplinary action previously recommended. (3) A finding of guilty and an increase or reduction of any disciplinary action previously recommended. (c) In any case, the Board may recommend any disciplinary action that may be recommended by a Hearing Officer, or any combination of the following: (1) Dismissal of the member from the Fire Department. (2) Suspension from duty without pay in accordance with County Personnel Rules and Regulations. (3) Demotion in rank. Section 1-814: Fire Chief review of Board’s recommendation The Fire Chief shall, within five working days of receiving the Board’s recommendation, either approve or disapprove the recommendation, and shall notify all parties by written memorandum. Section 1-815: Appeal of the decision of the Board (a) Only the member charged may appeal an adverse decision of the Administrative Hearing Board. (b) Appeal shall be taken by requesting, either in person or through counsel, that the Fire Chief reconsider the recommendation of the Administrative Hearing Board and issue a decision favorable to the member. (c) The Fire Chief shall issue a written response to the request for appeal, which shall be the final decision of the case within the Fire Department. Section 1-816: Appeal of the final decision of the Fire Chief (a) The member charged may, within five days after the Fire Chief’s final decision is issued, appeal that decision. (b) The appeal shall be made to the County Administrative Officer in a letter that states specifically the reasons for the appeal. (c) The Administrative Officer, upon receipt of the appeal, may: (1) Deny the appeal, (2) Grant the appeal, and overrule or modify the decision of the Fire Chief, or Revised 1/2018 18 Section 1-817: Record of disciplinary action Any disciplinary action imposed by a Hearing Officer, or higher authority, shall be recorded in accordance with Department policy. A copy of the final disposition of any disciplinary action resulting from a Hearing Officer or higher authority shall be sent to the member’s bargaining unit to assist the Department’s objective of correcting undesirable behavior. Section 1-818: Other Procedures Refer to the current Memorandum of Understanding between the Baltimore County Administration and the Baltimore County Professional Fire Fighters Association, I.A.F.F. Local 1311 for guidance on procedural agreements on disciplinary rights, records, and appeals. Revised 1/2018 19 ARTICLE II ORGANIZATION AND RANKS SECTIONS 2-1: FIRE CHIEF Section 2-101: The general administration and control of the Fire Department is vested in the Fire Chief, who is responsible for the government, efficiency, and general conduct of the Department. Section 2-102: The Fire Chief, in the execution of the duties of such office, is also responsible for the following: (a) The protection of life and property; (b) The prevention of fires; (c) The identification and investigation of fires; (d) Education of the public with reference to fires and their cause; (e) The enforcement of all fire prevention codes and regulations of the State of Maryland and Baltimore County; (f) The provision of emergency medical care to residents of the County. Section 2-103: The Fire Chief has the authority to prescribe, promulgate, and enforce all Rules and Regulations for the government of the Department and its members. Such authority is defined and enumerated in the Baltimore County Code, Title 16, Article I and shall not be inconsistent with either laws of the State of Maryland or Baltimore County. Section 2-104: In the event of the absence or disability of the Fire Chief and the Assistant Chief, without their having designated an Acting Chief, the senior Division Chief of the Department will be Acting Chief while such absence or disability continues. An Acting Fire Chief receives no additional compensation, but has all the powers, authority and duties conferred by statute upon the Fire Chief except: (a) Without prior authorization of the Fire Chief, an Acting Chief cannot promote or demote any member of the Department. (b) Any transfers affected or approved by an Acting Chief are temporary, subject to review and approval by the Fire Chief. Section 2-105: The Administrative Services Division is directly under the Office of the Fire Chief. SECTION 2-2: ASSISTANT CHIEF Section 2-201: The Assistant Chief is second-in-command of the department. The Assistant Chief shall perform those duties and responsibilities as designated by the Fire Chief and assume complete responsibility for the Department in the Chief’s absence, with the exceptions stated under Section 2- 104 above, and does related work as required. Revised 1/2018 20 Section 2-202: The Assistant Chief’s duties and responsibilities include planning, coordinating, and supervising divisions within the Department as directed by the Fire Chief. Section 2-203: The Assistant Chief shall plan and direct the activities of the Division Chiefs engaged in fire/rescue, emergency medical and special tactical operations, as well as coordinate, administer and control all of their activities and submit monthly and annual statistical reports thereof. The Assistant Chief shall formulate rules, regulations and operational procedures to ensure the productivity of the personnel under his/her command and recommend to the Chief resolutions for solving difficult technical, policy-related, and/or sensitive issues, utilizing, where required, interpretation and application of relevant legal statutes. As directed by the Fire Chief, the Assistant Chief’s duties may include drafting legislation and testifying on proposed legislation, analyzing reports and making recommendations for the location of fire stations, fire apparatus, ladder trucks, air units, rescue equipment and medic units; reviewing and evaluating new technology and equipment specifications to recommend delivery system improvements; identifying fire/rescue service training needs and ensuring that personnel competence levels are maintained, updating emergency management plans for expeditious handling of disaster-type situations by staging periodic tests to maintain a travel work force; and preparation of long and short-range planning and statistical analysis of service delivery systems. SECTION 2-3: DIVISION CHIEFS Section 2-301: Division Chiefs are the senior staff officers of the Department. Section 2-302: They have authority over all divisions, sections and units which are under their command, and over all personnel, both sworn and non-sworn, who are part thereof. Section 2-303: They shall be held responsible for directing, controlling and coordinating all functions assigned to divisions, sections and units under their command. Section 2-304: They shall submit to the Fire Chief for consideration, all orders to be issued for the government of the Department. In an emergency requiring action before the Fire Chief can reasonably be consulted, they shall issue orders as necessary in the line of duty and shall, at first opportunity, report to the Fire Chief all such orders and proceedings. Section 2-305: They will maintain a record of all orders, Standard Operating Procedures and instructions issued to the Department. Section 2-306: They shall be responsible to ensure that while they are absent, their duties and responsibilities are being carried out. Section 2-307: In the event of the absence of a Division Chief, they may, subject to approval of the Fire Chief, designate a Battalion Chief as Acting Division Chief. Section 2-308: They shall report to the Fire Chief the presence of any contagious diseases, unusual activities, or other conditions of importance that may be detrimental to the Department’s ability to maintain the health and safety of the public. Revised 1/2018 21 Section 2-309: They shall have authority to temporarily assign or direct any member of the Department to areas and functions within power and jurisdiction of the Fire Chief when, in their discretion, such temporary action is necessary for the effective operation of their commands. Section 2-310: They shall participate in the development of the Department’s goals and objectives by the initiation of pertinent suggestions and recommendations to the Fire Chief. Section 2-311: They shall develop necessary procedures to monitor, consistently and on a continuing basis, the productivity of the workforce under their commands. Section 2-312: They shall initiate and monitor appropriate measures to ensure that their commands are functioning with the provisions of published Standard Operating Procedures. Section 2-313: They shall constantly monitor the total fire protection system and recommend to the Fire Chief any necessary changes which, in their judgment, are required for the improvement of the Department. Section 2-314: They shall have a thorough knowledge of federal, state and local laws governing the activities of the Fire Service. Section 2-315: They shall coordinate with appropriate divisions, sections and units for the most efficient allocation and utilization of all resources available to the Department. Section 2-316: They shall, in accordance with Departmental policy and procedures, regulate leave days and vacation selections for their immediate subordinates. Section 2-317: They shall be responsible for monitoring and evaluating the effectiveness of the Department’s Fair Practices Program. Section 2-318: They shall be responsible, when directed, to represent the Department at various public and official functions. They shall, in these instances, be ready and able to address the respective groups, when invited to do so, and provide appropriate information and data relative to the Department and its functions. Section 2-319: All reports and recommendations to the Fire Chief, as prescribed in the foregoing duties and responsibilities of Division Chiefs, will be submitted through the Assistant Chief when they are initiated by Division Chiefs assigned to Emergency Operations. Section 2-320: They shall attend meetings, as designated by the Fire Chief, and maintain effective liaison with the volunteer fire service, employee representative groups and other County agencies. Section 2-321: They shall perform all other duties as directed by the Fire Chief. Revised 1/2018 22 SECTION 2-4: BATTALION CHIEFS Section 2-401: Battalion Chiefs are the ranking executive officers within their assigned area, division or jurisdiction. They have authority over all divisions, sections, units and personnel under their command. Section 2-402: They shall carefully coordinate, direct and evaluate functions that are the responsibility of the divisions, sections and units under their command. Section 2-403: They shall be responsible for the efficient use of all Departmental resources under their control and command. Section 2-404: They shall be responsible to promote behavior among subordinates that is commensurate with the high standards of the Department. When necessary to correct behavior in accordance with the progressive disciplinary policy, they shall confer with all subordinates involved. Section 2-405: They shall carefully observe the appearance of Department members within their commands or divisions, and ensure that the regulations governing uniforms are being complied with and that the proper appearance of the Department is maintained at all times. Section 2-406: They shall maintain close liaison and cooperation with the Volunteer Firemen’s Association and its membership and employee representative groups and shall coordinate their activities so that their services to the public can be delivered effectively and competently. Section 2-407: They shall be responsible for operating divisions, sections and units under their command within the provisions of Departmental policies and Standard Operating Procedures. They shall have authority to establish minor rules and regulations, applicable exclusively to their commands and consistent with the Rules and Regulations of the Department. Section 2-408: They shall be responsible for planning, implementing and evaluating the means by which the divisions, sections and units under their command achieve their respective objectives. Section 2-409: They shall be responsible, within their commands, for the regulation of leave, the distribution of manpower and the justification of manpower needs. Section 2-410: They shall be responsible for the submission of a proposed budget, in accordance with the policies and procedures of the Department, to include the identification of specific resources necessary in order to achieve the objectives of their commands. Section 2-411: They shall be responsible for the proper use and care and for the accountability of all Departmental property assigned to their commands, whether for general use or for use by individual members therein. Fixed property under their control will be handled within the provisions of Departmental policies and procedures. Section 2-412: They shall visit all stations, sections and units within their commands as often as practical, but not at stated intervals. Revised 1/2018 23 Section 2-413: They shall have a general knowledge of federal, state and local laws governing the activities of the Fire Service. Section 2-414: They shall be available to represent the Department at public and official functions and be able, if requested, to provide appropriate information and data relative to the Department and its functions. Section 2-415: They shall familiarize themselves with and remain abreast of all Rules and Regulations, policies, and Standard Operating Procedures formulated for the government and operation of the Department. Section 2-416: When qualified, they shall be prepared to function satisfactorily in the next higher ranking position within the organizational structure of their assignment. When acting in such a capacity, they will be governed by the Rules and Regulations and Standard Operating Procedures relating to Division Chiefs. Section 2-417: Battalion Chiefs assigned to the Emergency Operations and other divisions shall have full authority over all emergencies, fires and potential hazards within their battalion areas and over units from other commands temporarily dispatched in support of such emergency operations, until relieved by a superior officer. Section 2-418: The Battalion Chiefs will be responsible to see that each station is provided with an updated copy of the Personnel Manual, Classification Plan Rules and Regulations, Section IV. SECTION 2-5: FIRE DIRECTORS Section 2-501: Fire Directors are the ranking executive officers within their assigned area, division or jurisdiction. They have authority over all divisions, sections, units and personnel under their command. Section 2-502: They shall carefully coordinate, direct and evaluate functions that are the responsibility of the divisions, sections and units under their command. Section 2-503: They shall be responsible for the efficient use of all Departmental resources under their control and command. Section 2-504: They shall be responsible to promote behavior among subordinates that is commensurate with the high standards of the Department. When necessary to correct behavior in accordance with the progressive disciplinary policy, they shall confer with all subordinates involved. Section 2-505: They shall carefully observe the appearance of Department members within their commands or divisions, and ensure that the regulations governing uniforms are being complied with and that the proper appearance of the Department is maintained at all times. Section 2-506: They shall maintain close liaison and cooperation with the Volunteer Firemen’s Association and its membership and employee representative groups and shall coordinate their activities so that their services to the public can be delivered effectively and competently. Revised 1/2018 24 Section 2-507: They shall be responsible for operating divisions, sections and units under their command within the provisions of Departmental policies and Standard Operating Procedures. They shall have authority to establish minor rules and regulations, applicable exclusively to their commands and consistent with the Rules and Regulations of the Department. Section 2-508: They shall be responsible for planning, implementing and evaluating the means by which the divisions, sections and units under their command achieve their respective objectives. Section 2-509: They shall be responsible, within their commands, for the regulation of leave, the distribution of manpower and the justification of manpower needs. Section 2-510: They shall be responsible for the submission of a proposed budget, in accordance with the policies and procedures of the Department, to include the identification of specific resources necessary in order to achieve the objectives of their commands. Section 2-511: They shall be responsible for the proper use and care and for the accountability of all Departmental property assigned to their commands, whether for general use or for use by individual members therein. Fixed property under their control will be handled within the provisions of Departmental policies and procedures. Section 2-512: They shall visit all stations, sections and units within their commands as often as practical, but not at stated intervals. Section 2-513: They shall have a general knowledge of federal, state and local laws governing the activities of the Fire Service. Section 2-514: They shall be available to represent the Department at public and official functions and be able, if requested, to provide appropriate information and data relative to the Department and its functions. Section 2-515: They shall familiarize themselves with and remain abreast of all Rules and Regulations, policies, and Standard Operating Procedures formulated for the government and operation of the Department. SECTION 2-6: CAPTAINS Section 2-601: Captains are the first line supervisors in the Department. Their functions encompass the training, motivation and discipline of all personnel under their supervision. They shall be held strictly responsible for the efficiency, behavior, appearance and general good conduct of such personnel. Section 2-602: They shall faithfully and diligently carry out orders of their superior officers. In the event that an emergency would require them to countermand such orders, they shall verbally report to their commanding officer, at the earliest available opportunity, the action taken and the reasons justifying such action. Revised 1/2018 25 Section 2-603: They shall identify and provide the necessary training that will enable subordinate personnel to master career development standards and to maintain the required skill levels prescribed by the Department. They shall also maintain all training records, including Professional Qualification Certification levels, for themselves and their subordinates. Section 2-604: They shall determine the efficient coordination of their command to establish and maintain the highest standards and shall be thoroughly familiar with and assume command of all areas assigned to them, using good judgment in the performance of their duties during emergencies and non- emergency situations. Section 2-605: They shall be responsible for providing special attention to members serving their probationary period to ensure satisfactory completion of probation and the proper professional development of the beginning firefighters. Section 2-606: They shall thoroughly familiarize themselves with all federal, state and local laws applicable to the Fire Service and thoroughly know the Rules and Regulations and Standard Operating Procedures of the Department governing the activities of their division, section or unit. Section 2-607: It shall be deemed as an act of neglect of duty and inefficiency if Captains permit laxity and indifference in the performance of subordinates’ duties or if a Captain should perform the specific duties of a subordinate when the member is available to perform such duties. Section 2-608: They shall carefully observe the activities and capabilities of personnel under their supervision to ascertain whether or not their assigned duties are promptly and efficiently performed. They shall report in writing to the Battalion Chief, or superior officer, all cases of misconduct, incompetence, neglect of duty or violations of the Rules and Regulations and Standard Operating Procedures of the Department. Failure to initiate such reports will be considered neglect of duty. Section 2-609: They shall be responsible to ensure the safety of all personnel under their supervision. They shall be especially watchful when the length or nature of a work assignment might increase the probability of accidents, unreasonable personal discomfort, or undue fatigue, taking steps, whenever practical, either individually or in coordination with the Battalion Chief, to provide relief in such cases. Section 2-610: They shall have the authority to administer disciplinary action for infractions of the Rules and Regulations, policies and Standard Operating Procedures of the Department in accordance with the provisions of these Regulations. Section 2-611: They shall have custody of all departmental property assigned to their division, section or unit and shall be responsible for the proper, effective and economical use and care of it. Section 2-612: Within the jurisdiction of their assignment and responsibility, they shall be responsible for the maintenance, appearance and cleanliness of the physical space or station. Section 2-613: They shall be responsible for the efficient and economical use of all resources under their control. Revised 1/2018 26 Section 2-614: They shall be responsible for taking proper action and making appropriate reports in all cases of Fire Prevention Code violations coming to their attention. Section 2-615: Captains, upon being informed of the illness of sworn or civilian personnel under their supervision, shall: (a) If circumstances warrant, contact the member’s home to ascertain the member’s condition or, again, if circumstances warrant, cause the member’s home to be visited. (b) Report in writing to the Fire Chief, through channels, any cases of malingering or other abuses of sick leave, setting forth all facts in the case. Section 2-616: They shall grant leave days and provide vacation selection for all subordinate personnel in their command in accordance with Departmental procedures. Section 2-617: They shall be held accountable for the accuracy, legibility and completeness of all reports affecting their areas of responsibility, while on duty. Section 2-618: They shall not interfere with the routine work of another section or unit, but violations of the Rules and Regulations and Standard Operating Procedures of the Department committed in their presence must receive their immediate attention, when the officer particularly responsible is not present. Section 2-619: They shall remain in their assigned area during their entire tour of duty unless otherwise directed, or except when absent, in the necessary performance of their duty assignment. Section 2-620: At the completion of their tour of duty and all duty assignments, Captains shall ensure that all personnel in their section and units are present or accounted for. Section 2-621: They shall be prepared to function satisfactorily in the next higher ranking position, when qualified, within the organizational structure of their assignment. Section 2-622: They shall be prepared to represent the Department at community gatherings and, when directed, at other public and official functions and, further, be prepared to address the groups, if invited to do so. Section 2-623: When a Captain’s position is the highest rank established for any given division, all persons shall, unless otherwise directed, be governed by the Rules and Regulations and Standard Operating Procedures relating to Battalion Chiefs and Division Chiefs. Section 2-624: Captains assigned to a division, section or unit under the command of a Battalion Chief or other superior officer shall, during the superior officer’s tour of duty, act as an assistant. In the absence of the superior officer, the senior ranking Captain will be in charge of the division, section or unit, unless otherwise directed. While acting in this latter capacity, the Captain shall be governed by the Rules and Regulations and Standard Operating Procedures relating to Battalion Chiefs. Revised 1/2018 27 SECTION 2-7: LIEUTENANTS Section 2-701: Lieutenants are assigned as assistants to Captains in charge of various divisions, sections and units within the Department and shall function as first line supervisors, when qualified, in their absence. Section 2-702: They shall diligently carry out all orders of their superior officers and faithfully discharge all responsibilities delegated to them. Section 2-703: They are responsible for the performance of subordinates in conformity with the standing orders, Standard Operating Procedures and policies, subject to subjective observation of their superior officer. Section 2-704: They shall, at all times, be familiar with the Rules and Regulations of the Department, all Standard Operating Procedures and medical protocols, pertinent to the division, section or unit to which assigned, and federal, state and local laws affecting the Fire Service. Section 2-705: They shall be familiar with the organization of the Department and be able to describe and define the lines of authority within the Department. Section 2-706: They shall report immediately to their commanding officer or superior officer all instances which come to their attention of dereliction of duty and violations of all orders, Rules and Regulations, Standard Operating Procedures and medical protocols of the Department. They will, at the earliest opportunity, submit a written detailed report to document and support the charges. Section 2-707: They shall exercise the effective and economical use of Departmental resources assigned or attached to their section or unit. Section 2-708: They shall complete all reports required of them in a legible, concise, complete, objective and factual manner. Section 2-709: They shall be ready and able to serve in the next higher rank, when qualified, within the organizational structure of their assignment. When so serving, unless otherwise directed, they will be governed by the Rules and Regulations and Standard Operating Procedures relating to Captains. Section 2-710: They shall be ready and able, when called upon, to represent the Department at community and other public and official gatherings, and be able to effectively present accurate information relative to the Department and its functions. SECTION 2-8: PARAMEDICS Section 2-801: Paramedics are normally assigned to an Advanced Life Support (ALS) Medic Unit and are under the direct supervision of both the Station Commander where the ALS Unit is assigned and the respective EMS District Officer. Revised 1/2018 28 Section 2-802: They are responsible for the performance of all Advanced Life Support and Basic Life Support skills required of them during emergency responses. They shall diligently carry out all orders of their superior officer and faithfully discharge all responsibilities delegated the them. Section 2-803: They are responsible for the performance of subordinates in conformity with the established medical protocols, standing orders, Standard Operating Procedures, policies and intent of their superior officer. Section 2-804: They shall, at all times, be familiar with the Rules and Regulations of the Department, all Standard Operating Procedures pertinent to the division, section or unit to which assigned, and federal, state and local laws affecting the Fire Service and Emergency Medical Services, including all medical protocols. Section 2-805: They shall be familiar with the organization of the Department and be able to describe and define the lines of authority within it. Section 2-806: They shall report immediately to the commanding officer or superior officer all instances, which come to their attention, of dereliction of duty and violations of all orders, Rules and Regulations, Standard Operating Procedures of the Department and violations of medical protocols. They will, at the earliest opportunity, submit a written detailed report to document and support the charges. Section 2-807: They shall exercise the effective and economical use of Departmental resources assigned or attached to their section or unit. Section 2-808: They shall complete all reports required of them in a legible, concise, complete, objective and factual manner. Section 2-809: They shall be ready and able to serve in the next higher rank within the organizational structure of their assignment when they possess the proper credentials and have been approved by the EMS staff to do so. When so serving, unless otherwise directed, they will be governed by Rules and Regulations and Standard Operating Procedures relating to the rank of EMS Lieutenant. Section 2-810: They shall be ready and able , when called upon, to represent the Department at community and other public and official gatherings, and be able to effectively present appropriate information relative to the Department and its functions. SECTION 2-9: EMERGENCY MEDICAL TECHNICIANS Section 2-901: EMTs are normally assigned to an Advanced Life Support (ALS) Medic Unit and are under the direct supervision of both the Station Commander where the ALS Unit is assigned and the respective Paramedic or EMS District Officer. Section 2-902: They are responsible for the performance of all Basic Life Support (BLS) skills required of them during emergency responses and assist the Advanced Life Support provider whenever possible. They shall diligently carry out all orders of their superior officer and faithfully discharge all responsibilities delegated to them. Revised 1/2018 29 Section 2-903: They are responsible to conform with the established medical protocols, standing orders, Standard Operating Procedures, policies and intent of the superior officers. Section 2-904: They shall, at all times, be familiar with the Rules and Regulations of the Department, all Standard Operating Procedures pertinent to the division, section or unit to which assigned, and federal, state and local laws affecting the Fire Service and Emergency Medical Services. Section 2-905: They shall be familiar with the organization of the Department and be able to describe and define the lines of authority within the Department. Section 2-906: They shall report immediately to their commanding officer or superior officer all instances coming to their attention of dereliction of duty and violations of all orders, Rules and Regulations, Standard Operating Procedures of the Department and violations of medical protocols. They will, at the earliest opportunity, submit a written detailed report to document and support the charges. Section 2-907: They shall exercise the effective and economical use of Department resources assigned or attached to their section or unit. Section 2-908: They shall complete all reports required of them in a legible, concise, complete, objective and factual manner. Section 2-909: They shall be ready and able to serve in the next higher rank within the organizational structure of their assignment when they possess the proper credentials and have been approved by the EMS staff to do so. When so serving, unless otherwise directed, they will be governed by Rules and Regulations, Standard Operating Procedures and Emergency Medical standing orders relating to the rank of Paramedic. Section 2-910: They shall be ready and able, when called upon, to represent the Department at community and other public and official gatherings, and be able to effectively present appropriate information relative to the Department and its functions. SECTION 2-10: FIRE SPECIALISTS Section 2-1001: Fire Specialists are administrative adjuncts and are normally assigned to assist officers in performing the daily duties relating to the operations of the various sections and units within the Department. Section 2-1002: They shall diligently carry out all orders of their superior officers and faithfully discharge all responsibilities delegated to them. Section 2-1003: They are responsible to conform with the standing orders, Standard Operating Procedures, policies and intent of their superior officers. Section 2-1004: They shall, at all times, be familiar with the Rules and Regulations of the Department, all Standard Operating Procedures pertinent to the division, section or unit to which assigned, and federal, state and local laws affecting the Fire Service. Revised 1/2018 30 Section 2-1005: They shall be familiar with the organization of the Department and be able to describe and define the lines of authority within it. Section 2-1006: They shall report immediately to their commanding officer or superior officer all instances coming to their attention of dereliction of duty and violations of all orders, Rules and Regulations, and Standard Operating Procedures of the Department. Section 2-1007: They shall exercise the effective and economical use of Departmental resources assigned or attached to their section or unit. Section 2-1008: They shall complete all reports required of them in a legible, concise, complete, objective and factual manner. Section 2-1009: They shall be ready and able to serve in the next higher rank within the organizational structure when qualified and permitted to do so. When so serving, they will be governed by the Rules and Regulations and Standard Operating Procedures relating to said rank. Section 2-1010: They shall be ready and able, when called upon, to represent the Department at community and other public and official gatherings, and be able to effectively present appropriate information relative to the Department and its functions. SECTION 2-11: FIRE APPARATUS DRIVER/OPERATORS Section 2-1101: Fire Apparatus Driver/Operators are charged with operating Department apparatus both during routine and emergency conditions. They shall at all times be cognizant of the prevailing physical conditions, capabilities and limitations of the equipment. They shall carefully check the apparatus to ensure its proper performance and report any and all defects to their superior officer. Section 2-1102: They shall diligently carry out all orders of their superior officers and faithfully discharge all responsibilities delegated to them. Section 2-1103: They are responsible to conform with the standing orders, Standard Operating Procedures, policies and intent of their superior officers Section 2-1104: They shall, at all times, be familiar with the Rules and Regulations of the Department, all Standard Operating Procedures pertinent to the division, section or unit to which assigned, and federal, state and local laws affecting the Fire Service. Section 2-1105: They shall be familiar with the organization of the Department and be able to describe and define the lines of authority within the Department. Section 2-1106: They shall report immediately to their commanding officer or superior officer all instances coming to their attention of dereliction of duty and violations of all orders, Rules and Regulations, and Standard Operating Procedures of the Department. Revised 1/2018 31 Section 2-1107: They shall exercise the effective and economical use of Departmental resources assigned or attached to their section or unit. Section 2-1108: They shall complete all reports required of them in a legible, concise, complete, objective and factual manner. Section 2-1109: They shall be ready to serve in the next higher rank within the organizational structure when qualified and permitted to do so. When so serving, they will be governed by Rules and Regulations and Standard Operating Procedures relating to said rank. Section 2-1110: They shall be ready and able, when called upon, to represent the Department at community and other public and official gatherings, and be able to effectively present appropriate information relative to the Department and its functions. SECTION 2-12: FIREFIGHTERS/EMTs Section 2-1201: Firefighter/EMTs are charged with providing fire, rescue, and medical services to the citizens of Baltimore County. They shall at all times be prepared to function in an emergency situation. Section 2-1202: They shall diligently carry out all orders of their superior officers and faithfully discharge all responsibilities delegated to them. Section 2-1203: They are responsible to conform with the standing orders, Standard Operating Procedures, policies and intent of their superior officers. Section 2-1204: They shall, at all times, be familiar with the Rules and Regulations of the Department, all Standard Operating Procedures pertinent to the division, section or unit to which assigned, and federal, state and local laws affecting the Fire Service. Section 2-1205: They shall be familiar with the organization of the Department and be able to describe and define the lines of authority within the Department. Section 2-1206: They shall report immediately to their commanding officer or superior officer all instances coming to their attention of dereliction of duty and violations of all orders, Rules and Regulations, and Standard Operating Procedures of the Department. Section 2-1207: They shall exercise the effective and economical use of Departmental resources assigned or attached to their section or unit. Section 2-1208: They shall complete all reports required of them in a legible, concise, complete, objective and factual manner. Section 2-1209: They shall be ready and able to serve in the next higher rank within the organizational structure when qualified and permitted to do so. When so serving, they will be governed by the Rules and Regulations and Standard Operating Procedures relating to said rank. Revised 1/2018 32 Section 2-1210: They shall be ready and able, when called upon, to represent the Department at community and other public and official gatherings, and be able to effectively present appropriate information relative to the Department and its functions. Revised 1/2018 33 APPENDIX B SPECIAL PERSONNEL RULES AND REGULATIONS FOR THE BALTIMORE COUNTY FIRE DEPARTMENT AS ENUMERATED IN THE BALTIMORE COUNTY CODE TITLE 25, SECTION 25-127 The Baltimore County Code is now available on-line. To access it, click here: https://library.municode.com/md/baltimore_county/codes/code_of_ordinances?nodeId=ART4HURE or go to the link on either the county’s website or on BCNet. Choose the framed version if your computer is capable. The part of the Code that is in the Rules and Regulations is § 4-8-102, which translates into the following: Article 4 – Human Resources Chapter 8 – The Personnel Rules Section 102 – Special Rules for Police and Fire Departments 35 FAIR PRACTICES POLICY BALTIMORE COUNTY FIRE DEPARTMENT (Revised June 8, 2019) 36 Table of Contents POLICY STATMENT................................................................................................................... 38 OBJECTIVES................................................................................................................................. 39 FUNCTIONAL GUIDELINES...................................................................................................... 40 RECRUITMENT 41 TRAINING 41 PROMOTIONS 41 RELATIONSHIPS 41 ROLES OF FAIR PRACTICES PERSONNEL.......................................................................... 42 FIRE CHIEF 42 FAIR PRACTICES COORDINATOR (FPC) 42 ROLE OF THE FAIR PRACTICES CORE GROUP (FPCG) 43 DUTIES AND RESPONSIBILITIES........................................................................................... 44 EMPLOYEES 44 SUPERVISORS 44 MANAGERS 45 COMPLAINT PROCESS.............................................................................................................. 46 STATEMENT OF CONFIDENTIALITY AND FREEDOM FROM REPRISAL 46 EMPLOYEES 47 VOLUNTEERS 49 INVESTIGATION 49 EVALUATING EVIDENCE 50 DISCIPLINARY ACTION 51 NON-RETALIATION 52 TIME LIMITS FOR FILING A COMPLAINT 52 NON-WAIVER OF RIGHTS 52 DEFINITIONS................................................................................................................................ 53 FAIR PRACTICES CORE GROUP MEMBERS....................................................................... 55 37 POLICY STATEMENT The Baltimore County Fire Department (Department) shall make every effort to provide its members, volunteers, and the persons it serves, with fair treatment in all practices and procedures involving the Fire Service's function as a public entity, as required by law. It is the Department's goal to provide a workplace free of any illegal practices including, bullying, and discrimination or harassment based on race, color, religion, sex, marital status, political affiliation, national origin, age, sexual orientation, gender identity, or disability, whether verbally, written, electronically, or through any form of social media. Additionally, no persons shall be subject to retaliation or reprisal as a result of their filing of a complaint concerning non-adherence to this policy. The purpose of this Fair Practices Policy is to provide a workplace which discourages discrimination. The goal is to eliminate unlawful discriminatory practices, which facilitates the Department’s commitment to equal opportunity, and the full participation of all qualified persons employed or seeking employment in the Department. The applicable provisions, as expressed in this statement address, but are not limited to the following: training, promotions, recruitment, selection, working conditions, and privileges of County employment. Everyone is responsible for promoting the principles of fair practices set forth in this policy. It is our obligation to respect all individuals. The Department and its employees must comply with all provisions of federal, state, and local laws pertaining to equal opportunity and unlawful discrimination. NOTHING IN THIS POLICY SHOULD BE CONSTRUED AS CONSTITUTING AN EXPRESS OR IMPLIED CONTRACTUAL OBLIGATION OF THE DEPARTMENT OR COUNTY. IN ADDITION, NOTHING HEREIN IS INTENDED TO BE IN CONFLICT WITH ANY CURRENT MEMORANDA OF UNDERSTANDING BETWEEN THE COUNTY AND ITS RESPECTIVE BARGAINING UNITS, OR TO CREATE ANY PROPERTY, LIBERTY OR OTHER INTEREST OR RIGHT IN ANY PARTY. THIS POLICY STATEMENT IS SUBJECT TO CHANGE FROM TIME TO TIME, WITHOUT NOTICE TO PERSONS AFFECTED. IT IS DESIGNED TO BE A WORKING GUIDE FOR MANAGEMENT AND SUPERVISORY PERSONNEL AND COUNTY MEMBERS FOR THE PURPOSE OF FOSTERING A MORE AWARE WORKING ENVIRONMENT. 38 OBJECTIVES The Department shall maintain a continuing Fair Practice Policy to promote equal treatment and opportunity to all its members, volunteers, and persons it serves, and to identify and eliminate unlawful discriminatory practices and policies. To achieve this objective, the Department should do the following: 1. Provide for the prompt, fair, and impartial processing of complaints. 2. Conduct a continuing review of the Department's personnel policies, practices, and working conditions, to identify and abate unlawful discriminatory treatment. 3. Communicate the Department's Fair Practices Policy and its recruitment needs to all potential job candidates without regard to race, color, religion, sex, marital status, political affiliation, national origin, age, disability, sexual orientation or gender identity; providing equal access to recruitment on a continuing basis. The Fair Practices policy also works to improve employment opportunities and community conditions that affect employability. 4. Review, evaluate, and control managerial and supervisory performance to encourage a continuing Fair Practices Policy. Provide orientation, training and advice to managers and supervisors to encourage their vigorous enforcement of the Fair Practices Policy. 5. Take appropriate disciplinary action against members who violate this policy. 6. Make reasonable accommodations to the religious needs, or known physical or mental limitations of qualified applicants, and members who request such accommodations. Provide sufficient documentation and certification of their needs and limitations when those accommodations can be made without undue hardship, or safety threat to, the Department or others. 7. Establish a system for periodically evaluating the effectiveness of the Department's overall efforts. 8. Ensure that NO RETALIATORY ACTION is taken against an individual as a result of that individual’s filing of a complaint, alleging discriminatory conduct, or testimony, or participation in an investigation or proceeding involving County, State, or Federal entities with respect thereto. 9. Ensure that managerial and supervisory personnel receive training and updates on the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and the Fairness for All Marylanders Act of 2014. 39 FUNCTIONAL GUIDELINES In order to maintain the Fair Practices Policy, the Department shall take the following steps: 1. Maintain plans, procedures and regulations to achieve the Department’s expectation of eliminating unlawful discrimination. 2. Designate a Fair Practices Coordinator (FPC) to effectively oversee the Fair Practices Policy. 3. Communicate to ALL members, volunteers and applicants, through written, visual and oral means, the Fair Practices Policy of the Department. 4. Encourage full cooperation from ALL members in the processing and resolution of pre-complaint matters and complaints. 5. Publicize the complaint process and the procedural aspects of the Fair Practices Policy to all members. 6. Provide the FPC full access to all personnel records when required in connection with an investigation, subject to existing confidentiality requirements. 7. Educate all members about the Fair Practices Policy and the value of a diverse and inclusive workforce. 8. Create and maintain a database containing the types of fair practices issues, mitigation, and follow-up actions of both formal and informal complaints. 9. Analyze the fair practices records to assist in determining the training needs of the Department. 40 RECRUITMENT The employment process should be objective. The Department shall strive to keep all pre- employment requirements, testing, and interview questions job related and non-discriminatory. The Department should provide access to information and preparation for entry-level positions. Attempts shall be made to increase the diversity of the Fire Service. The Department shall develop a relationship with community leaders, leaders of protected groups, educational institutions, and government agencies to further its goal of providing fair and equal employment opportunities. The Department should promote itself as an Equal Opportunity Employer on all outgoing correspondence, literature, and advertising. TRAINING The Fair Practices training program should be multifaceted, and shall include introductory training, as well as continuing education. It shall provide equal access to training for all members on a non-discriminatory basis. This will be done in an effort to improve performance and to better qualify members for promotional opportunities. It shall provide training to managers and supervisors so that they can implement the Fair Practices Policy and maintain an atmosphere of fair employment for all. Managers and supervisors shall also receive training to help them develop the skills needed to treat their subordinates fairly and professionally. Additionally, all members should be educated about the Fair Practices Policy and about the value of a diverse workforce. PROMOTIONS The Department shall encourage all members to take promotional exams and shall strive to provide them with tools that are likely to maximize their performance in the promotional process. The Department shall also develop, in conjunction with Fire Service organizations, a mentoring program to be made available to all members expressing a desire for professional guidance in achieving their career objectives. Additionally, the Fair Practices Policy shall become a source material for the tests administered for all Department promotions. RELATIONSHIPS All members are responsible to report to their supervisor upon entering into a romantic or interpersonal relationship with other members on the same shift at the same work location. Family members and members just described may not be assigned to the same work location (station & shift) unless operationally necessary. Additionally, all supervisors and managers shall make every effort to minimize the work contact of members who are related or have a significant relationship, while maintaining the staffing needs of the department. 41 ROLES OF FAIR PRACTICES PERSONNEL FIRE CHIEF 1. Provide the Fair Practices Coordinator with the resources and authority to facilitate the Fair Practices Policy. 2. Supervise the efforts of management personnel, in the administration of the Department’s Fair Practices Policy. FAIR PRACTICES COORDINATOR (FPC) 1. Counsel all aggrieved individuals, complainants, respondents, and involved participants. 2. Provide consultation to all personnel on issues or complaints relating to fair practices. 3. Respond to complaints by referring them to a chief officer1 to conduct a prompt, complete and impartial investigation, and to render findings with respect to matters alleged in such complaints. 4. Review, analyze, and participate in the maintenance of the Department’s Fair Practices Policy, in conjunction with the County’s Office of Human Resources. 5. Arrange for the education and training of supervisors and members on program goals, objectives and Equal Employment Opportunity (EEO) law including, but not limited to ADA and GINA. 6. Advise the Fire Chief regarding employment policies and practices. 7. Facilitate contact between multicultural organizations, community leaders and associations, and any other Fair Practices/EEO representatives. 8. Conduct special studies of employment practices. 9. Help to provide resolution for member conflicts(s) and other issues relating to the Fair Practices Policy. 1 Where a “chief officer” is noted in this document, the Fire Chief may designate an alternate position if a complainant is not in the chain of command of a chief officer. 42 10. Serve as a member on planning boards and committees, relating to employment processes and regulations/actions, affecting the employment process during the investigation of a complaint. 11. Analyze the workforce’s organizational components to identify underutilized classes of members, in particular, ranks/job classes, administrative and support services assignments, lines of progression (career ladders) and/or geographical locations, in conjunction with the Baltimore County Office of Human Resources. 12. Attend/participate in diversity training, conferences, seminars, and hearings to remain current on interpretations and changes in EEO law and member-related issues. 13. Maintain the Department’s Fair Practices Policy. 14. Ensure that complaints are promptly and completely investigated, and, the Department’s resolution is instituted. The FPC will determine if the Department requires assistance from Baltimore County's Office of Human Resources. 15. Assist the Applicant Unit with Department recruitment efforts. 16. Review in detail, personnel policies and practices and other management processes to identify existing barriers to hiring or advancement of underrepresented classes. Recommend corrective action to top management when particular classes are not fully represented in the workforce, in conjunction with the Office of Human Resources. FAIR PRACTICES CORE GROUP (FPCG) 1. Advises the Fire Chief on matters pertaining to the Fair Practices Policy. 2. Evaluates the sufficiency of the Fair Practices Policy and reports to the Fire Chief with recommendations as to any improvements or corrections needed. 3. Makes changes, when authorized by the Fire Chief, to effect the elimination of discriminatory practices and to ensure employment accessibility to all qualified potential applicants. 4. Ensures that individual complaints are fairly and thoroughly investigated, and that final decisions are issued in a timely manner. 5. Advises the Fair Practices Coordinator on the development of training programs for all levels of members, to educate personnel about fair practices. 43 DUTIES AND RESPONSIBILITIES MEMBERS
