Chesapeake Fire Department Personnel Complaints PDF

Policy 1014 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 1 Personnel Complaints 1014.1 PURPOSE AND SCOPE To ensure the integrity of the Chesapeake Fire Dep...

Policy 1014 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 1 Personnel Complaints 1014.1 PURPOSE AND SCOPE To ensure the integrity of the Chesapeake Fire Department by establishing fair and equitable procedures for investigating complaints and allegations of misconduct involving members of the Department. This policy provides guidelines for reporting, investigation and disposition of complaints regarding the conduct of members of this department and the service provided by this department. These procedures will ensure prompt and thorough investigations of such allegations to determine whether misconduct occurred; whether disciplinary action is warranted; and whether existing policies, procedures, and training are adequate. This policy applies to all sworn members employed by the Chesapeake Fire Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation (Va. Code § 9.1-303). 1014.1.1 DEFINITIONS Administrative Investigation- A non-criminal investigation conducted for the purpose of documenting the conduct, action(s) or performance of a member and to determine whether such conduct, action(s) or performance is in compliance with Department and/or City policy. Emergency Medical Technician- Any person who is employed solely within the Fire Department as a full-time emergency medical technician whose primary responsibility is providing emergency care to the sick and injured, using either basic or advanced techniques. Emergency medical technicians may also provide fire protection services and assist in the enforcement of the fire prevention code. Employing agency- Any municipality of the Commonwealth or any political subdivision thereof, including authorities and special districts, which employs firefighters and emergency medical technicians. Firefighter- Any person who is employed solely within the Fire Department as a full-time firefighter whose primary responsibility is prevention and extinguishing of fires, the protection of life and property, and the enforcement of local and state fire prevention codes and laws pertaining to the prevention and control of fires. Interrogation- Any questioning of a firefighter or emergency medical technician, of a formal nature, that could lead to dismissal, demotion or suspension of the firefighter or emergency medical technician fordisciplinary reasons. Investigating Authority- Employee or entity responsible for conducting an Administrative Investigation. 1014.2 POLICY Any alleged or suspected act of employee misconduct, notice of civil claim filed against either the Department or an employee as a result of actions taken in his/her official capacity, violations of Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 2 Departmental rules and regulations, including Standard Operating Procedures, or of the City of Chesapeake, will be impartially and thoroughly investigated and documented by the appropriate entity. Department employees will be afforded all rights and protections provided to them by relevant federal, state, and local laws and regulations. The appropriate law enforcement agency will be consulted regarding alleged events that involve criminal and potentially criminal misconduct. An investigation being conducted by a law enforcement agency will not preclude the Department from opening its own Administrative Investigation of policy violations consistent with the procedure if deemed appropriate. Administrative Investigations may be held in abeyance until a criminal investigation is complete. 1014.3 PERSONNEL COMPLAINTS Personnel complaints consist of any allegation of misconduct or improper job performance by any employee that, if true, would constitute a violation of department policy or rule or federal, state or local law. Allegations or complaints may be generated internally or by the public. Inquiries about employee conduct or performance that, if true, would not violate department policy or rule or federal, state or local law, may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. 1014.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1014.4.1 SOURCES OF COMPLAINTS (a) Members of the public may make complaints in any form, including in writing, by email, in person or by telephone. (b) Any department member becoming aware of alleged misconduct shall immediately notify a supervisor. (c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging the misconduct of a member that, if true, could result in disciplinary action. (d) Anonymous complaints and third-party citizen complaints should be accepted and investigated to the extent that sufficient information is provided. (e) A member involved in an investigation or interrogation is not entitled to know the identity of a complainant or details regarding how the complaint was received. Nor can the member require that this or other related information be provided as a condition of the member’s cooperation. Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 3 1014.4.2 ACCEPTANCE OF COMPLAINTS All complaints will be courteously accepted by any member and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed verbally, either in person or by telephoning the Department, and will be accepted by any supervisor. If a supervisor is not immediately available to take a verbal complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. Although not required, complainants should be encouraged to file complaints in person so that proper identification, photographs, or physical evidence may be obtained as necessary. 1014.5 COMPLAINT DOCUMENTATION AND TRACKING Supervisors shall ensure that all complaints are documented. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All complaints should be documented by the Deputy Fire Chief in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. 1014.6 ADMINISTRATIVE INVESTIGATIONS All allegations of misconduct will be investigated as follows: 1014.6.1 SUPERVISOR RESPONSIBILITIES In general, the primary responsibility for the investigation of a complaint rests with the member’s immediate supervisor, unless the supervisor is the complainant, is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Fire Chief or the authorized designee may direct that another supervisor investigate any complaint. A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. Supervisors shall be responsible for the following: (a) Department supervisors should respond to all complaints in a courteous and professional manner. (b) A supervisor receiving a formal complaint involving allegations of a potentially serious nature shall ensure that the Battalion Chief, Division Chief and Fire Chief are notified as soon as practicable. (c) A supervisor receiving or initiating any formal complaint shall ensure that the complaint be directed to the Battalion Chief of the accused member, via the chain of command. The Battalion Chief will forward the complaint to the Division Chief to take any appropriate action and/or assign the complaint for investigation. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor may orally report the matter to the Battalion Chief, Division Chief, or Fire Chief. (d) A supervisor investigating any complaint should: Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 4 1. Make reasonable efforts to obtain names, addresses and telephone numbers of additional witnesses. 2. When appropriate, provide immediate medical attention and take photographs of alleged injuries as well as accessible areas of non-injury. (e) When the nature of a personnel complaint relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination, the supervisor receiving the complaint shall promptly notify their respective Division Chief through the chain-of- command so that Human Resources can be consulted.. (f) Supervisors who receive a citizen complaint that can be resolved immediately should do so. Follow-up contact with the person who made the complaint should be made within 72 hours of the Department receiving the complaint. If the matter is resolved and no further action is required, the supervisor will note the resolution of the issue and forward that information to the Battalion Chief. (g) Unresolved citizen complaints shall be forwarded to the Battalion Chief to determine whether to contact the person who made the complaint or assign the complaint for investigation. (h) The firefighter or emergency medical services personnel may have an observer of their choice present during the interview, as long as the interview is not unduly delayed. This observer may not participate or represent the employee, may not be involved in the investigation, and must be an active or retired member of the department, for purposes of confidentiality. (i) Interviews of the complainant should be conducted during reasonable hours. 1014.6.2 INITIATING AN ADMINISTRATIVE INVESTIGATION A. Upon receipt of a complaint or to initiate an investigation, an employee will notify the Deputy Fire Chief, through the chain of command within 24 hours to determine which level of investigation is appropriate (see Section 1014.6.8 for guidance). All externally generated complaints, no matter how minor or insignificant they may seem, must be reported to the Deputy Fire Chief. B. Upon receiving a complaint, the Deputy Fire Chief will acknowledge receipt of the complaint and may: (a) Conduct the investigation him/herself. (b) Confer with the CFD EEO Officer when appropriate. (c) Provide assistance to other investigating authorities when requested. (d) Refer the complaint to Human Resources for investigation. (e) Refer the complaint to the appropriate Division Chief, Supervisor, or other authority for investigation/follow-up. Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 5 1014.6.3 INVESTIGATION PROCEDURES The following procedures shall be followed with regard to any accused member of this department who is covered by the Firefighters and Emergency Medical Technicians Procedural Guarantee Act (Va. Code § 9.1-300; Va. Code § 9.1-301): (a) Prior to any interview, the member shall be provided with: 1. Written notice of the nature of the investigation. 2. The name, rank and unit or command of the officer in charge of the investigation. 3. The individuals who will conduct the interview and any additional persons who will be present for the interview. (b) All interviews should be conducted during reasonable work hours of the member. Only in cases where the matters under investigation are of such a nature that immediate action is necessary should a member be required to appear for an interview while off- duty. If the member is off-duty, the member shall be compensated, if required. (c) The investigating officer shall designate the location of the interview at either the facility where the investigating officer is assigned or the facility where the incident under investigation allegedly occurred. (d) No more than two interviewers should ask questions of an accused member to prevent confusion or misunderstanding. (e) All interviews shall be for a reasonable period or duration and the member’s personal needs shall be accommodated. (f) No member shall be subjected to offensive or threatening language nor shall any promises, rewards or other inducements be used to obtain answers. Any member refusing to answer questions directly related to the investigation may be ordered to answer questions and subject to discipline for failing to do so. Nothing administratively ordered may be provided to a criminal investigator. (g) The interviewer may record all interviews of members and witnesses. (h) A member subjected to interviews that could result in punitive action shall have the right to have a representative of his/her choosing during the interview. The representative may not unduly delay the interview; participate or represent the member during the interview; or be involved in any way in the investigation. The representative must be a current or retired member of the Department. (i) In order to maintain the integrity of each individual member’s statement, involved members shall not consult or meet with representatives or attorneys collectively or in groups prior to being interviewed. (j) All members shall provide complete and truthful responses to questions posed during interviews. (k) Consistent with City of Chesapeake Administrative Regulation 2.11 , if the alleged or suspected misconduct involves a Group II or Group III offense, the employee may be required to participate in a polygraph examination as part of the investigatory process. Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 6 (l) No member shall be disciplined or discriminated against in his/her employment, or be threatened with any such treatment, in retaliation for the exercise of any rights provided for in Va. Code § 9.1-301. The Deputy Chief will provide guidance and coordination over investigations of complaints or allegations of misconduct involving members. Members under investigation or witnesses will not use personal recorders, digital voice recorders, or other devices to records interviews. If the Investigating Authority chooses to officially record an interview and a transcript is made, a copy of the transcript will be given to the employee if requested. 1014.6.4 INVESTIGATION FORMAT Investigations of complaints should be timely, detailed, complete, and follow this format: Introduction - Include the identity of the member, the identity of the assigned investigators, the initial date, and source of the complaint. Synopsis - Provide a very brief summary of the facts giving rise to the investigation. Summary of allegations - List the allegations separately, including applicable policy sections, with a very brief summary of the evidence relevant to each allegation. Evidence as to each allegation - Each allegation should be set forth with the details of the evidence applicable to each allegation and include comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. Conclusion - A recommendation regarding further action or disposition should be provided. Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. 1014.6.5 INVESTIGATIVE FINDINGS A. Upon completing a formal administrative investigation a summary of the findings, supporting documentation, and recommendations will be forwarded through the chain of command to the Deputy Fire Chief for disposition. The findings will be classified in the following manner: (a) Unfounded- Based on the preponderance of credible evidence, the allegation is false. (b) Not substantiated - There is insufficient evidence to either prove or disprove the allegation. (c) Substantiated - The allegation is supported by a preponderance of credible evidence. (d) In compliance- The member’s actions were in compliance with the rules, regulations, and mission of the Department. Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 7 B. The subject of the investigation will be provided a written statement regarding the investigative findings. 1014.6.6 MEMBER RIGHTS A. As appropriate, the Investigating Authority will provide the member with written notice in sufficient detail of the investigation in order to reasonably apprise the member of the nature of the investigation. The Notice of Internal Administrative Investigation (NIAI) will be used for this purpose for all personnel. B. The Investigating Authority will comply with the Firefighters and Emergency Medical Technicians Procedural Guarantee Act as set forth in the Code of Virginia (Va. Code 9.1-300; Va. Code 9.1-301). When a member is interviewed about an alleged violation that could lead to dismissal, demotion, or suspension, the Investigating Authority will provide the member with a copy of the Firefighters and Emergency Medical Technicians Procedural Guarantees. C. During the course of routine fact finding, general inquiry, discussions, etc., if it appears that violations of policy may have occurred that could result in a suspension, demotion or termination then questioning should stop, until the NIAI and Procedural Guarantees are provided. D. Any statement made by the member during the course of an Administrative Investigation cannot be used against them in criminal proceedings. 1014.6.7 MEMBER RESPONSIBILITY A. During the course of an Administrative Investigation employees are expected to participate and answer questions honestly and completely. (a) If a member refuses to answer questions related to an Administrative Investigation, deliberately withholds information, or is untruthful in answering questions, he/she may be subject to disciplinary action up to and including termination. 1014.6.8 LEVELS OF ADMINISTRATIVE INVESTIGATIONS In general, incidents can be investigated at one of three levels: Battalion (or equivalent), Administration, or Human Resources. A. Examples of Administrative Investigations at the Battalion (or equivalent) level may include, but are not limited to: (a) Citizen complaint regarding services provided. (b) Accidents involving emergency equipment resulting in significant financial loss. (c) Complaint from a local hospital regarding patient care. (d) Lost or damaged departmental property. (e) Improper driving. (f) Poor or unacceptable service deliver. Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 8 B. Examples of Administrative Investigations at the Administrative level may include, but are not limited to: (a) Workplace violence. (b) Criminal arrest of a Department member. (c) Acts of gross misconduct. C. Examples of Administrative Investigations at the Human Resources level may include, but are not limited to: (a) Sexual Harassment complaints. (b) Equal Employment Opportunity complaints. 1014.7 NOTICE OF DISCIPLINARY ACTION The following procedures must be followed before imposing a grievable disciplinary action upon a non-probationary full time or part-time employee: 1. The employee must receive an oral and written Notice of Intent to Take Disciplinary Action, from a supervisor, and attempt to meet with the employee and explain the charges. 2. The Notice of Intent must contain a statement of the reason(s) why discipline is being considered, the type of the offense, and an explanation of the evidence supporting the charges. It is not required that witnesses be present to give statements. Their evidence may be relayed to the employee, the supervisor, or the Chief meeting with the employee. 3. The employee must have an opportunity to present an oral or written explanation prior to imposing disciplinary action. Even if the employee has been interviewed previously as part of the investigation, once the investigation has been completed and the charges and evidence are reviewed with the employee, the employee should be informed that he or she has the right to respond before a decision on discipline is made. The employee should be told that if he or she needs additional time to develop a response, including collecting documents or asking witnesses to provide information, the employee may have up to five (5) calendar days to do this. The employee does not have the right to have an attorney or other personal representatives present when making this response. 1014.7.1 BREACH OF PROCEDURES Any breach of the procedures required by this chapter shall not exclude any evidence from being presented in any case against a firefighter or emergency medical technician and shall not cause any charge to be dismissed unless the firefighter or emergency medical technician demonstrates that the breach prejudiced his case. Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 9 1014.8 POST-INVESTIGATION PROCEDURES Upon completion, the report should be forwarded to the Fire Chief through the chain of command of the involved member. Each level of command should review and include their comments in writing before forwarding the report. The Fire Chief may accept or modify the classification and recommendation for disciplinary action contained in the report. 1014.8.1 DIVISION CHIEF RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Division Chief of the involved member shall review the entire investigative file, the member’s personnel file and any other relevant materials. The Division Chief may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. Prior to forwarding recommendations to the [Deputy Fire Chief], the Division Chief may return the entire investigation to the assigned investigator or supervisor for further investigation or action. When forwarding any written recommendation to the [Deputy Fire Chief], the Division Chief shall include all relevant materials supporting the recommendation. Actual copies of a member’s existing personnel file need not be provided and may be incorporated by reference. 1014.8.2 RESPONSIBILITIES OF THE DEPUTY FIRE CHIEF Upon receipt of any written recommendation for disciplinary action, the [Deputy Fire Chief] shall review the recommendation and all accompanying materials. The [Deputy Fire Chief] may modify any recommendation and/or may return the file to the Division Chief for further investigation or action. Once the [Deputy Fire Chief] is satisfied that no further investigation or action is required by staff, the [Deputy Fire Chief] may consult with the Fire Chief to determine the amount of discipline, if any, to be imposed. In the event that disciplinary action is proposed, the [Deputy Fire Chief] shall provide the member with a Notice of Disciplinary Action, with the following elements; 1. A statement of reason(s) for the disciplinary action. 2. A statement of the employee's oral response and/or the original of the employee's written response. 3. If the employee has received previous counseling or disciplinary action for this or similar offense, a statement of the dates, the offense(s), and the actions taken to correct the problem in the past. 4. A statement of review of the employee's response along with other information gathered. 5. A statement of what, if any, disciplinary action is to be taken. 6. Where appropriate, a warning of what further disciplinary action could result if the situation is not corrected or other performance or conduct problems emerge. Chesapeake Fire Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Personnel Complaints - 10 7. A statement of the employee's right to appeal (if any) in accordance with the City's Grievance Procedure . 1014.9 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written retirement or resignation prior to the imposition of discipline, it shall be noted in the file. The tender of a retirement or resignation by itself shall not serve as grounds for the termination of any pending investigation or discipline. 1014.10 POST-DISCIPLINE APPEAL RIGHTS Non-probationary members may appeal pursuant to the grievance procedures adopted by the City (Va. Code. § 15.2-1506; Va. Code § 15.2-1507). 1014.11 AT-WILL AND PROBATIONARY MEMBERS At-will and probationary members not covered by the Firefighters and Emergency Medical Technicians Procedural Guarantee Act may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy and without notice or any cause at any time (Va. Code § 9.1-300). These members are not entitled to any rights under this policy. Any probationary period may be extended at the discretion of the Fire Chief.