Palm Beach County Fire Rescue Firefighter Bill of Rights PDF

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: MICHAEL C. MACKEY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: FIREFIGHTERS BILL OF RIGHTS PPM...

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: MICHAEL C. MACKEY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: FIREFIGHTERS BILL OF RIGHTS PPM #: FR-A-102 ISSUE DATE EFFECTIVE DATE October 01, 2015 October 01, 2015 PURPOSE: The purpose of this policy is to outline the specific rights granted each Florida State certified, bargaining unit and non-bargaining unit, firefighter when involved in situations which may result in discipline. UPDATES: Future updates to this PPM are the responsibility of the Deputy Chief of Administration, in conjunction with the PPM Committee, under the authority of the Fire Rescue Administrator. AUTHORITY:  Fire Rescue Administrator, as may be amended. SCOPE: This policy applies to all Palm Beach County Fire Rescue personnel and reservists. ATTACHMENTS: Attachment A: Notice of Formal Investigation Attachment B: Notice of Interview POLICY: Fire Rescue shall ensure firefighters’ rights are maintained, as indicated in FS 112.80, during all investigations and interrogations which may result in disciplinary action. DEFINITIONS: 1. Informal Inquiry – A fact-finding meeting between supervisor/management and firefighter to discuss allegations, mediate a complaint, and determine if a formal investigation is required. 2. Formal Investigation – The process of investigation during which the questioning of a firefighter is conducted for the purpose of gathering evidence of misconduct. 3. Administrative Proceeding – Non-judicial hearing which may result in the recommendation, approval or order of disciplinary action or discharge. 4. Interrogation – The questioning of firefighter by Fire Rescue in connection with a Formal Investigation or Administrative Proceeding, excluding arbitration. The questioning pursuant to an Informal Inquiry in excluded. FR-A-102/Page 1 of 3  5. Notice of Interview – Sent to a firefighter informing them of an interview to be scheduled relative to an incident in which they SHALL NOT receive discipline. 6. Notice of Formal Investigation – Sent to a firefighter informing them of an interview to be scheduled relative to an incident in which they MAY receive discipline. PROCEDURE: 1. To maintain consistency and assure the Fire Rescue personnel rights are met, the Administrative Services Division should be consulted when conditions exist for an investigation or interrogation. 2. The Administrative Services Division shall be responsible for conducting other investigations, such as but not limited to: a. Matters that may result in a loss of pay (i.e., suspension, Worker’s Comp fraud, serious damage to equipment). b. Matters that may result in litigation. c. Matters that are politically sensitive. 3. Notice of Formal Investigation: a. The following procedure shall be used when a Notice of Formal Investigation is warranted for an interrogation. b. A Notice of Formal Investigation (FR-A-102 Attachment A) shall be sent to the firefighter within ten (10) days of Fire Rescue’s knowledge of the incident. The Notice of Formal Investigation shall provide the firefighter written notice advising of the nature of investigation and names of complainants. The firefighter shall be informed of: i. The investigating officer (name, rank, and unit) ii. The interrogators iii. All persons that shall be present during the interrogation c. A Notice of Interview (FR-A-102 Attachment B) may be sent to potential witnesses. d. The Interrogation shall take place at the facility where the investigating officer is assigned or at the facility having jurisdiction over where the incident occurred, as designated by the investigating officer. e. The Interrogation shall be held at a reasonable time of day, preferably when the firefighter is on duty, unless immediate action is required. f. The Interrogation shall be of reasonable duration, with periods for rest and personal necessities. g. The firefighter shall not be subject to offensive language or offered any incentive as an inducement to answer questions. h. A complete record shall be made, which can be taped. The firefighter is entitled to a copy of the record without charge. 4. Representation: a. Fire Rescue personnel or a Fire Rescue Officer may represent Fire Rescue. b. Fire Rescue personnel’s organization may represent members of the bargaining unit. FR-A-102/Page 2 of 3  c. The exercising of these rights shall not result in disciplinary action of any type. ______________________________ MICHAEL C. MACKEY FIRE RESCUE ADMINISTRATOR Supersession History 1. PPM#FR I-34, issued 06/05/1988 2. PPM#FR I-34, issued 10/01/2015 3. PPM#FR A-102, clerical 03/01/2018 4. PPM#FR-A-102,clerical 07/03/2018 FR-A-102/Page 3 of 3