Spring Fire Department Policies & Procedures - Criminal Charges and Convictions PDF

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.011 Document Title: Date: 10/08/2020 Criminal Charges and Convic...

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.011 Document Title: Date: 10/08/2020 Criminal Charges and Convictions Chief’s Signature: Revision Number: 01 PURPOSE The purpose of this policy is to provide direction for all personnel to report any criminal charge or conviction that occurs while an employee or volunteer member of Spring Fire Department. SCOPE This policy applies to all personnel of Spring Fire Department. REVIEW The Command Staff is responsible for reviewing this procedure and ensuring its accuracy. PROCEDURE/POLICY A. Class C Misdemeanor including Traffic Violations All Class C violations resulting in a criminal charge (i.e., traffic ticket) shall be reported to Human Resources within 96 hours of occurrence. Personnel who have more than three (3) separate traffic violations within a twelve (12) month continuous period is subject to disciplinary action, including unpaid suspension for twenty-four (24) work hours, and placed on six (6) months’ probation or termination if the employee or volunteer member has an unfavorable disciplinary history with Spring Fire Department. If the employee or volunteer member receives an additional violation during the probationary period, their driving privileges will be revoked for a period of twelve (12) months. If the employee or volunteer member’s rank requires driving a Spring Fire Department apparatus, the employee or volunteer member will be demoted to the rank below their original rank, to one that does not require driving. If no such rank is available or disciplinary history with the department is unfavorable, termination will result. The conduct underlying the charges may result in discipline up to and including termination under the Spring Fire Department’s ethics policy as well as other policies. B. Class B Misdemeanor or Above Personnel that are charged with a Class B misdemeanor or greater shall notify Human Resources immediately upon release from being held. If the charge is for any crime that involves, or has potential to involve, bodily injury (i.e., DWI, assault, or any other moral turpitude) immediate suspension without pay will result, pending investigation by Human Resources and legal counsel. If Human Resources or legal counsel finds that the charge has the potential to cause undue hardship on the Department, unpaid leave pending the outcome of the criminal trial will result. If convicted, he/she will be terminated. The conduct underlying the charges may result in discipline up to and including termination under the Spring Fire Department’s ethics policy as well as other policies. Page 1 of 2  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.011 Document Title: Date: 10/08/2020 Criminal Charges and Convictions Revision Number: 01 If the member is classified as a volunteer member, he/she is subject to immediate termination of volunteer membership, without awaiting the outcome of a criminal trial. Personnel who may have special circumstances that has the potential to result in criminal charges (i.e., ongoing civil matters), Human Resources is to be notified immediately, personnel shall follow all advice provided to prevent negative circumstances from occurring. Personnel who are allowed to return to shift pending the outcome of trial shall keep Human Resources advised to the status of trial dates, and completion of disposition. If convicted or accepted a pretrial diversion, he/she will face disciplinary action at the discretion of the Fire Chief and Human Resources up to and including, termination. C. Regulatory Notifications The Texas Department of State Health Services requires notification through their Criminal History Documentation Guide, and Criminal History Form, of all charges above a Class C misdemeanor, immediately upon initial charge. If a conviction or pretrial diversion occurs, the member must notify TDSHS within thirty (30) days of the completion of disposition. It is the employee or volunteer member’s responsibility to complete those forms and follow all guidelines as documented by the Texas Department of State Health Services, including additional finger print submission, and proof to Human Resources of completion. The Texas Commission on Fire Protection (TCFP) requires notification of conviction utilizing Texas Commission on Fire Protection form TCFP-014, along with an updated finger print submission. It shall be the financial responsibility of the employee or volunteer member to pay for the finger print submission. It shall be the responsibility of Human resources to submit the notification of conviction within seven (7) days of completion of disposition, for any regulated employee or volunteer member that remains a member of Spring Fire Department. Personnel shall ensure all required documentation is submitted to Human Resources in order to comply with the seven (7) day timeline. If, at any time, required certifications are revoked by the regulatory agency, termination will result. D. Failure to Report Criminal Charge Spring Fire Department will conduct criminal background and driving record checks randomly, or for any other reasonable suspicion If Administration finds criminal charges or traffic violations that have not been reported, the member will be subject to disciplinary action, up to, and including termination. Page 2 of 2