SM_Sec200_PART 1_pgs24-34.pdf

Chapter II General Code of Personal Conduct AUTHORITY 200.00 The following sections from the Charter of the City of Columbus, Ohio, adopted Tuesday, May 5, 1914, (with Amendments to January 1, 1996) and sections of the Columbus City Codes list the operating authority for the Columbus, Ohio, Divisi...

Chapter II General Code of Personal Conduct AUTHORITY 200.00 The following sections from the Charter of the City of Columbus, Ohio, adopted Tuesday, May 5, 1914, (with Amendments to January 1, 1996) and sections of the Columbus City Codes list the operating authority for the Columbus, Ohio, Division of Fire. (Sections 200.02 through 200.06 are reproductions of indicated portions of said documents.) PREAMBLE TO THE CHARTER OF THE CITY OF COLUMBUS, OHIO 200.02 We, the people of the City of Columbus, in order to secure and exercise the powers of local self-government under the constitution of the State of Ohio do enact and ordain this charter. Charter of the City of Columbus, Ohio, Sec. 1. POWERS OF CITY. The inhabitants of the City of Columbus, as its limits now are, or may hereafter be, shall continue to be a body politic and corporate by name the City of Columbus, and as such shall have perpetual succession. It shall have all powers that now are, or hereafter may be granted to municipalities by the constitution or laws of Ohio; and all such powers whether expressed or implied, shall be exercised and enforced in the manner prescribed by this charter, or when not prescribed herein, in such manner as shall be provided by ordinance or resolution of the council. In the absence of such provision as to any power, such power shall be exercised in the manner now hereafter prescribed by the general laws of the state applicable to municipalities. Charter of the City of Columbus, Ohio, Section 2. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof the City shall have and may exercise all other powers which, under the constitution and laws of Ohio, it would be competent for this charter specifically to enumerate. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct DEPARTMENT AND DIVISIONS 200.04 Charter of the City of Columbus, Ohio, Sec. 97. DEPARTMENT AND DIVISIONS ESTABLISHED. The following administrative departments and Divisions thereof are hereby established by this charter: 1. DEPARTMENT OF PUBLIC SAFETY (A) Division of Police (B) Division of Fire Charter of the City of Columbus, Ohio, Sec. 98. ADMINISTRATIVE CODE. The Council by ordinance may adopt an administrative code providing for such administrative procedures as it may determine and for the administrative organization of city government. Said administrative code shall be adopted or amended by a vote of not less than two-thirds of the members of council. Provisions of the administrative code shall take precedence over any ordinance or resolution, except that council by two-thirds vote may exempt such from the effects of the supremacy of the administrative code where the subject matter of such ordinance or resolution deals with procedural rather than organizational matters. Such ordinance or resolution shall specifically state that it is exempt from the administrative code. Charter of the City of Columbus, Ohio, Sec. 99. GENERAL POWERS AND DUTIES OF ADMINISTRATIVE DEPARTMENTS. Under the direction of the Mayor, a department director shall have all powers and duties connected with, and incident to the appointment, regulation, and government of his department, except as otherwise provided by charter or ordinance. Charter of the City of Columbus, Ohio, Sec. 100. APPOINTMENTS. Subject to the Civil Service Provisions of this charter, the directors and other principal administrative officers and boards shall have power to appoint and remove all officers, clerks and employees in their respective departments. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct DEPARTMENT OF PUBLIC SAFETY 200.06 Charter of the City of Columbus, Ohio, Section 101. GENERAL POWERS AND DUTIES OF DIRECTOR. Under the direction of the Mayor, the Director of Public Safety shall be the Executive Head of the Division of Police and Fire. He shall have all powers and duties connected with and incident to the appointment, regulation, and government of his department, except as otherwise provided by this charter. He shall keep a record of his proceedings. Charter of the City of Columbus, Ohio, Section 105. DIVISION OF FIRE. The Division of Fire shall be composed of a Chief of the Division and such other officers, firemen and employees as may be provided by ordinance or resolution of the council. In case of riot, conflagration, or like emergency, the Mayor may appoint additional firemen and officers for temporary service who need not be in the classified service. Charter of the City of Columbus, Ohio, Sec. 106. CONTROL BY FIRE CHIEF. Under the direction of the Director of Public Safety, the Chief of the Division of Fire shall have control of the stationing and transfer of all firemen and other officers and employees constituting the Division of Fire. Columbus City Codes, Chapter 1921.01. The Chief of the Division of Fire shall have general care and supervision over the Division. He shall devote his entire time to the interests of the Division. He shall see that all of the provisions of the Columbus City Codes and other ordinances for the government thereof be strictly enforced and obeyed and that all the companies are properly regulated and disciplined. Columbus City Codes, Chapter 1921.03. It shall be the duty of the firemen and other persons connected with the Fire Department to obey at once all orders and instructions of the Chief or Assistant Chiefs of the Division of Fire under penalty of immediate dismissal. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct Charter of the City of Columbus, Ohio, Sec. 108. SUSPENSION IN FIRE AND POLICE DIVISION. The Chiefs of the Division of Police and Fire shall have the exclusive right to suspend any of the officers or employees in their respective Divisions for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any other just and reasonable cause. If any officer or employee be suspended, as herein provided, the Chief of the Division concerned shall forthwith in writing certify the fact together with the cause for suspension, to the Director of Public Safety, who, within five days from the receipt thereof shall proceed to acquire into the cause of such suspension and render judgment thereof, which judgment, if the charge be sustained may be suspension, reduction in rank or dismissal, and such judgment in the matter shall be final, except as otherwise hereinafter provided. The Director of Public Safety, in any such investigation, shall have the same power to administer oaths and secure the attendance of witnesses and the production of books and papers, as is conferred upon the council. Charter of the City of Columbus, Ohio, Sec. 109. APPEAL TO CIVIL SERVICE COMMISSION. Any person in the Division of Police or Fire under the exclusive control of the Chief thereof, who is suspended, reduced in rank or dismissed from the Department by the Director of Public Safety may appeal from the decision of such officer to the Civil Service Commission within ten days from and after the date of such suspension, reduction or dismissal. In such event said director shall, upon notice from the commission of such appeal, forthwith transmit to the commission a copy of the charges and proceedings thereunder. The commission shall hear such appear within ten days from and after the filing of the same with commission and may affirm, disaffirm, or modify the judgment of the Director of Public Safety, and its judgment in the matter shall be final. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct Charter of the City of Columbus, Ohio, Sec. 110. CLASSIFICATION OF EMPLOYEES IN DIVISION OF POLICE AND FIRE. The Director of Public Safety shall classify the service in the Division of Police and Fire in conformity with the ordinance of the council declaring the number of persons to be employed therein, and shall make rules for the regulation and discipline of such Division consistent with the provisions of this charter. OFFICERS 202.00 Officers of the Division of Fire shall be responsible for the guidance, training, counseling and discipline of their subordinates and shall inspire and motivate the members under their command so as to promote and maintain morale and efficiency while accomplishing Division goals. 202.02 Officers shall be just, dignified, and firm in their dealings with subordinates, and others. They shall not use violent, abusive or immoderate language. 202.04 Officers shall make certain that all rules, regulations, and orders are strictly carried out and obeyed, and shall set an example to their subordinates in showing due regard for such regulations and orders. In all cases, obedience must be prompt, implicit, unquestioned, and unequivocal. 202.06 Officers shall promptly report to the proper authorities any transgressions of the Division's rules, regulations, or general code of personal conduct. Such reports shall include well sustained and documented charges submitted in writing. 202.08 Officers in disagreement with an order or directive shall first obey the order and then may express themselves to their superior officer. Their opinions will be received with respect and shall be given due consideration. However, they shall refrain from expressing dissatisfaction with Division orders or directives to, or in the presence of their subordinates. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct 202.10 Officers shall promptly obtain the information necessary to answer any questions on the part of their subordinates relative to the interpretation of regulations or orders, and in emergencies shall prescribe the immediate action to be taken. 202.12 Officers shall promptly relay all written communications through proper channels. No officer or other Division member shall suppress, disregard or unduly delay any such communication. 202.13 The use of electronic communications does not circumvent the need to properly notify the Chain-of-Command. Communications submitted by email through the chain of command shall be sent to the next level only. Members shall not cc/bcc all levels of the chain of command when submitting electronic communications. (Revised 04/13/16) 202.13.1 Officers shall promptly approve, acknowledge, and/or comment on communications received by email before submitting to the next level of the chain of command. No officer or Division member shall suppress, disregard, or unduly delay any such communication. (Revised 04/13/16) 202.14 Officers of the Division shall be included in the definition of the general term "Division Members" and shall be governed by all rules and regulations pertaining to such members. GENERAL 204.00 All members of the Division of Fire shall be governed by the customary rules of good behavior observed by law-abiding and self-respecting citizens. 204.01 (Replaced by 204.80 – 204.84, 05/01/16) 204.02 Members of the Division of Fire shall not destructively criticize the Division or its policies, programs, actions, or officers. They shall not perform any acts or make any written or oral statements which tend to bring them into disrepute or ridicule. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct 204.04 Members shall not use indecent profane, harsh or abusive language while on duty or when in uniform. 204.06 Members shall not drink any intoxicating beverage while on duty or when in uniform and shall not report for duty in an intoxicated or hungover condition. 204.08 Members shall not possess, use, or be under the influence of any opiate narcotic, hallucinatory drug, or other compound of an unlawful nature, whether on duty or off. 204.10 Members shall not engage in altercations or fights while on duty or when in uniform, except in a life-threatening situation. 204.11 Members shall not display disregard for accepted community standards. A. Division members shall not possess obscene literature, photographs, or other such material in Division facilities. B. Members shall bring the presence of obscene material to the attention of their Company Commander or Bureau Head. C. 204.12 Members shall not view obscene films or videos on Division premises. Members shall not incur liabilities which they are unable or unwilling to pay, nor shall they refuse to pay all legal debts. 204.14 Members shall not smoke in designated NO SMOKING areas, other potentially hazardous areas, or any area or situation that would create an unfavorable impression on the general public. 204.16 Members shall not threaten, intimidate, coerce, or interfere with their superiors, other members, or the public. 204.18 Members shall be courteous, respectful, and considerate in their dealings with other Division members and the public. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct 204.20 Members shall not display unfriendliness or indifference in contacts with other Division members. They shall maintain a spirit of cooperativeness and good will toward all Division members and shall exchange proper greetings and acknowledgments as conditions warrant. 204.22 Members shall accord all officers of the Division the proper respect due their rank, and it is mandatory that they address and refer to all officers by their proper titles. 204.24 Members shall maintain a valid driver’s license, and shall immediately notify ES-2 and submit a written report to the Chief, if such license is suspended or revoked, or their driving rights are limited in any manner. The Chief will evaluate the underlying facts and determine if the member is to be assigned to administrative duties or relieved from duty in any assignment. Validity of driver's license will be checked annually by Mask Repair during facepiece fit testing.(19-009 1/24/19) 204.26 Members are subject to being contacted in case of necessity during their off-duty time. They shall at all times maintain a telephone where they can normally be contacted, and shall be sure that the number of such telephone is known to their immediate superiors. 204.28 Members shall not join or be a member of any organization or society the object or purpose of which shall either directly or indirectly seek to interfere with the discipline or conduct of the members of the Division, or the exclusive control of the Division by the Director of Public Safety. 204.30 Members shall not directly or indirectly send to or present before City Council, the State Legislature, or any other legislative body, any legislation within their scope of duties with the Division of Fire without the expressed written permission of the Fire Chief and Director of Public Safety. (Revised 04/13/16) Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct 204.31 Members shall not directly or indirectly (including cc/bcc on email communications) send to the Director of Public Safety Office, City Council, and/or Mayor’s Office any Division related information without the expressed written permission of the Fire Chief. This policy applies to the ranks of Deputy Chief, Battalion Chief, Captain, Lieutenant, and Firefighter. (Added 04/13/16) 204.31.1 Assistant Chiefs and the Public Information Officer shall notify the Fire Chief of any communications sent to the Director of Public Safety Office, City Council, and/ or Mayor’s Office. (Added 04/13/16) 204.32 Members shall not be absent for five consecutive working days without properly notifying their superior, as such action implies voluntary termination of employment. 204.34 Members shall not be delegates, representatives, or members of any political convention whose purpose is the nomination of a candidate for any political office. They shall not engage in partisan electioneering nor actually participate in political campaigns or conventions of any political party, but shall retain the inviolate right to vote at any election as they may decide. 204.36 Members while in uniform or while functioning as an employee of the Division of Fire or representing themselves to be an employee of the Division of Fire shall not, directly or indirectly, in any manner solicit, suggest, or request contributions, subscriptions, or donations, or engage or take part in any scheme or enterprise intended or likely to induce or influence any person to purchase tickets for fairs, concerns, lectures, exhibitions, theatrical performances, picnics, or entertainment of any kind, or to make presents or gifts in money or goods of any description without the sanction of the Fire Chief in writing. 204.38 Members shall not use official Division of Fire channels of communication to send out to other members of the Division any communication, whether written, verbal, or of a general nature, without having the sanction of the Chief. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct 204.40 Members shall not make false reports or gossip concerning the character or conduct of any other member, or of the business of the Division, to the discredit or detriment thereof. Nor shall they publicly express opinions on any case in which the Division is involved or the circumstances surrounding same. 204.42 Members shall, in the performance of their duties at fire or emergency scene, prevent the removal or unnecessary disturbance or articles of a suspicious nature, and shall act quietly and carefully with a view of obtaining proper and reliable evidence in all cases. 204.44 Members shall endeavor to detect, and obtain evidence to convict, persons reporting false alarms of fire. 204.46 Members shall give courteous attention to citizens calling in to make complaints, and shall give all possible assistance in referring them to the proper authority. 204.48 Members shall not knowingly falsify or alter any personnel records, pay records, or other records or reports. 204.50 Members shall not report late for work or be absent without leave from quarters, emergency scenes, or other assigned duty locations. 204.52 Members shall discharge their duties with the greatest degree of silence compatible with efficient performance and existing conditions so as not to create or add to confusion. 204.54 Members shall not possess unauthorized weapons or explosives while on duty or when in uniform. 204.56 Members shall not willfully, or continually, violate any of the rules or regulations of the Division, nor shall they be guilty of neglectful inefficiency or indifference in the following of orders or performance of duty. Revised 12.07.2017 Updated as of 2.18.2020 Chapter II General Code of Personal Conduct 204.58 Members shall not be guilty of careless or unauthorized operation, sabotage, theft, or misappropriation of vehicles, tools, equipment, or other property used by them or entrusted to their care. 204.60 Members shall not be guilty of the unauthorized posting or removal of notices or signs, or of unauthorized writing in any form, on any of the Division bulletin boards. Station Captains shall be responsible for the proper posting and removal determinations, except as stated in (1.) below. 1. Any official division communication distributed to division fire stations is authorized to be posted. This includes, but is not limited to, bulletins, vacancy lists, transfer lists, and newsletters. The Station Captain shall determine whether or not these communications shall be posted, except in the case of a directive from a supervisor to post the same. 2. Station Captains are authorized to post any information pertaining to the operation of the station. This includes, but is not limited to, house fund information; house cleaning and maintenance schedules, work schedules, street schools, and training. 3. Local #67, IAFF, in accordance with past practice, shall be allotted space on the station bulletin board or shall be provided a bulletin board. Official union communications, as approved by the Union President or designee, are authorized to be posted. This includes, but is not limited to, union bulletins, flyers, retirement dinner notices, and voting information. 4. Any other communication must be stamped or noted “Approved for posting by the Fire Chief” before it is considered to be authorized for posting. Posting will not be authorized for any items for sale or for the promotion of any “for profit” business or activity. 204.62 Members shall not misuse any Division of Fire forms, records, lists, or confidential information of any nature. Revised 12.07.2017 Updated as of 2.18.2020