A.
The job functions of the members of the Fire Council necessarily
include situations where there are threats to life and safety. It
is therefore mandatory that all Fire Council personnel understand
and comply with certain expected standards of discipline in the interest
of all. The purpose of this section is to set standards for identification
and correction of conduct prejudicial to the good order and discipline
of the Hudson Falls Fire Council. The disciplinary procedures herein
provide a framework for dealing with instances where Fire Council
members are alleged not to have met the required standards of conduct.
The aim is to ensure prompt, consistent and fair treatment for all
Fire Council members and to assist in enabling both the Fire Council
members and the Village Board of Hudson Falls to be clear about the
expectations of all parties.
B.
The Village Board of Trustees has elected to adopt a process described
as "progressive discipline" as the fundamental principle underlying
these disciplinary procedures. This process allows for a series of
phases which escalate the discipline in proportion to the escalation
of the misconduct or infraction. The progressive discipline model
is a five-step process that consists of verbal warning, verbal reprimand,
written reprimand, suspension, and termination.
C.
The policy underlying this section is that each Fire Council member
and firefighter must be guaranteed fair and honest treatment in all
aspects of Fire Council administration and operations. Officers shall
treat each firefighter with respect, shall not demonstrate personal
prejudice, or grant unfair advantage to one firefighter over another.
Each firefighter has the right to express to the Village Board or
Fire Council officers his/her views concerning policies and procedures
of the Fire Council. Each firefighter is responsible to express such
views in a fair, professional, nonconfrontational and honest manner.
Every firefighter should be committed to making positive and constructive
criticism of policies, procedures, practices and work performance
of the Fire Council.
D.
Each firefighter is responsible for following the Fire Council policy
and procedures without regard to personal opinion. In the event that
the firefighter does not agree that his/her conduct constitutes a
violation, or does not agree with the discipline given, he/she may
appeal the actions of the Fire Council in accordance with the procedures
set forth herein. In such cases, the following guidelines will be
followed in the appeal of any disciplinary action:
(1)
The firefighter is entitled to fair discipline based on the facts;
(2)
The firefighter is entitled to question the facts presented by the
officer and to present a defense;
(3)
The firefighter may in any case appeal the disciplinary action in
accordance with the procedures set forth herein. It is a matter of
discretion on the part of the Fire Chief as to whether a stay of the
disciplinary action will take place during the appeal period;
(4)
The firefighter is entitled to progressive discipline in appropriate
circumstances and the opportunity to correct performance or behavior;
(5)
The firefighter has the right to be considered as an individual in
his/her conduct and according to his/her personal circumstances. The
Fire Council values its firefighters and their distinctive contributions
and commitment; therefore, in any disciplinary case, the firefighter's
prior service, performance, and disciplinary record shall be factors
to be taken into account when executing any provision in this disciplinary
code.
A.
Informal resolution. The Fire Council officers are responsible for
addressing conduct and behavior issues as early as possible and for
taking appropriate action. Where appropriate, steps will be taken
to resolve issues on an informal basis without recourse to the formal
procedure.
B.
Investigations. Before disciplinary action is taken, an investigation
shall be undertaken.
C.
Nature of allegations. The firefighter against whom an allegation
has been made shall be advised in writing of the nature of the allegations
made against him or her, and will be given the opportunity to state
his or her case before any decision is made to take disciplinary action.
D.
Suspension. At any stage in the procedure, if appropriate, a firefighter
may be suspended. Suspension is not a penalty and is not an indication
of culpability. The decision to suspend will be in the sole discretion
of the Fire Chief.
E.
Right to be accompanied by attorney. All firefighters subject to
disciplinary procedures have the right to be accompanied by an attorney
at any formal meeting or disciplinary hearing held under the procedure.
F.
Appeals against sanctions including dismissal. Sanctions issued as
a result of disciplinary procedures will remain in force pending the
outcome of any appeal.
G.
Time scales. While endeavor will be made to comply with time scales,
due to the complexity and/or specific circumstances of cases, time
scales may be extended. In such circumstances, the firefighter will
be advised of the reasons for any delay in the proceedings.
A.
It is part of the normal supervisory process that the Fire Chief
and officers bring to the attention of all firefighters the standards
required and any failure to meet those standards which may come to
their attention.
B.
Cases of minor misconduct should be dealt with informally and without
delay. The Fire Chief or officers must speak to the firefighter in
private and should encourage the firefighter to conduct himself or
herself in accordance with the required standards.
C.
The purpose of these discussions is to ensure that the firefighter
understands the nature of the concerns, expectations of improvements
in conduct, and, where appropriate, time frames for correction and
the nature of any support available.
D.
The outcome of any discussions with the firefighter shall be confirmed
in writing to the firefighter. Notes of any informal discussions or
meetings shall be made and retained in the firefighter's file.
Following a satisfactory outcome to the use of the informal procedure,
the matter will be considered resolved.
E.
Where an issue has been discussed with a firefighter informally but
the issue has not been resolved and the problem persists, or the required
improvements and conduct are not achieved, or further information
becomes available during discussions which make the matter sufficiently
serious, then, in such event, the formal procedure may be invoked.
A.
Where the informal procedure has not lead to improved conduct, or,
where the alleged misconduct is of such seriousness that the Fire
Chief considers informal action to be inappropriate, formal action
will be initiated.
B.
An investigation of the facts will be conducted as outlined in § 16-15 to determine whether there is a disciplinary case to answer. Where an investigation indicates that there may have been an act of misconduct, the firefighter will be required to attend a formal disciplinary hearing at which the firefighter shall be given the opportunity to respond and state his or her case.
C.
Depending upon the severity of the conduct in issue and the particular
circumstances of the case, the following types of conduct are a nonexclusive
list of misconduct which may be considered "just cause" for severe
disciplinary action where appropriate:
(1)
Insubordination;
(2)
Deliberate falsification of records or reports;
(3)
Theft;
(4)
Use or possession of alcohol or illegal drugs on or in Fire Council
property;
(5)
Reporting for duty while under the influence of alcohol or drugs;
(6)
Receipt of three or more verbal warnings as a result of minor misconduct
within a one-year period;
(7)
Failure to meet the requirements of a written reprimand;
(8)
Endangering the life or property of another;
(9)
Conviction of a crime amounting to a felony;
(10)
Conviction of an offense of driving under the influence of alcohol
or drugs;
(11)
Conviction of possession of a weapon on Village or Fire Council
premises or in Fire Council vehicles (excluding firematic tools);
(12)
Chronic or habitual absenteeism at training or emergency calls;
(13)
Committing any act of sexual harassment;
(14)
Violation of any Fire Council rules, regulations, or standard
operating procedures which endanger the life or safety of fellow firefighters
or members of the public;
(15)
Freelancing;
(16)
Any violation of the Fire Council Code of Ethics and Conduct[1] which directly endangers the health, safety and welfare
of the firefighter, another firefighter, the Fire Council, or any
member of the public, to the extent where the Fire Chief considers
such conduct of such seriousness to warrant formal disciplinary action.
[1]
Editor's Note: Said Code is included as an attachment to this chapter.
A.
Before a disciplinary hearing is convened, there will normally be
an investigation into the circumstances of the alleged misconduct.
The purpose of the investigation is to establish the nature of the
allegations and to gather evidence in order to enable a decision to
be made on whether there is a disciplinary case to answer in a formal
hearing.
B.
The firefighter will be informed promptly of any allegation and that
an investigation to establish the facts will be undertaken. The investigation
shall be concluded as soon as reasonably possible while allowing sufficient
time to interview relevant parties. The firefighter subject to the
investigation must be kept informed if there is any unexpected delay
in the process.
C.
If there is no disagreement concerning the facts of the case by reason
of the firefighter's admission of the alleged misconduct, an
investigation may not be necessary before a disciplinary hearing is
arranged. However, in cases where misconduct is not admitted or if
there are conflicting views or evidence, further investigation will
usually be appropriate before a decision is taken to proceed to a
formal hearing.
D.
Investigatory interviews are part of the process to establish whether
disciplinary action is warranted. As part of the investigation, the
firefighter who is the subject of the allegation will be expected
to attend an investigatory interview at which he or she may be accompanied
by an attorney. The firefighter who is the subject of the allegation
shall be expected to inform the investigating body of any facts or
witnesses that he or she feels are relevant to the case. Where appropriate,
witnesses will also be interviewed.
E.
The outcome of an investigation may be any one of the following:
A.
Disciplinary hearing - preparation and conduct. If following an investigation
there is a recommendation that there is a disciplinary case to answer,
the firefighter will normally be given 10 days' notice and invited
to attend a disciplinary hearing. The firefighter will be provided
with details of the allegation(s) and an indication as to whether
the alleged misconduct is considered as potentially a serious/gross
misconduct case and therefore whether a sanction of suspension or
dismissal may be considered. The firefighter will be invited to make
any written submissions or bring forward witnesses. Prior to the hearing,
any documentation that will be referred to in the hearing will be
made available to the firefighter.
B.
The firefighter will be given an opportunity to present his or her
case, question witnesses and raise any issues he or she wishes to
have considered. The Fire Chief or designated officer conducting and
hearing the case will be able to question those involved in the case.
The firefighter shall be entitled to be represented by an attorney
during the hearing.
C.
The Fire Chief or designated officer conducting and hearing the case
will consider all representations and then decide if, on the preponderance
of the evidence, the allegation(s) is proven and, if so, what level
of disciplinary sanction is appropriate.
D.
The decision may be given verbally at the hearing and will in any
event be conveyed or confirmed in writing within five working days
of the hearing. The decision shall also notify the individual firefighter
of his or her right to appeal against any sanction. In the event that
the decision is to dismiss the firefighter, the letter will include
the reasons for dismissal and the date that his or her firefighter
membership will terminate, together with details of any notice arrangements.
A.
There are three levels in the formal disciplinary procedure with
various sanctions dependent upon the gravity of the case and/or the
ongoing nature of the misconduct.
B.
Level One Formal: written warning.
(1)
This is usually given if there has been either a minor breach of
conduct which remains unresolved by informal action, or a first, more
serious breach of discipline.
(2)
The disciplinary sanction of a written warning given under level
one will be retained in the firefighter's personal file, subject
to satisfactory conduct and/or improvement for 12 months from the
date the decision is confirmed.
C.
Level Two Formal: final written warning.
(1)
If the firefighter does not meet the required standard of conduct
set out in level one or commits any other act of misconduct during
the time scale of an existing warning, a further formal disciplinary
hearing may be convened under level two of this procedure.
(2)
In some circumstances, where an alleged misconduct is sufficiently
serious, it may be appropriate to progress directly to level two of
this procedure.
(3)
The disciplinary hearing will be conducted following an investigation, if appropriate, and as described in § 16-16.
(4)
The disciplinary sanction of a final written warning given under
level two will be retained in the firefighter's personal file,
subject to satisfactory conduct and/or improvements for 24 months
from the date the decision is confirmed.
D.
Level Three Formal: dismissal.
(1)
If allegations are raised which are so serious as to constitute gross misconduct (such as those listed in § 16-14C), it will be appropriate to consider taking formal action under level three of this procedure.
(2)
It may also be appropriate to move directly to level three if a firefighter
does not meet the required standard of conduct set out in the final
written warning given under level two of this procedure, or commits
any other act of misconduct during the time scale of an existing warning.
(3)
If an investigation indicates that an act of further or gross misconduct
may have occurred, the firefighter will be required to attend a formal
disciplinary hearing.
(4)
The letter requiring attendance at the formal disciplinary hearing
shall include a statement of the alleged misconduct and warn the firefighter
that a consequence of the hearing may be the termination of his or
her appointment with or without notice.
(5)
Outcomes.
(a)
The Fire Chief or designated officer conducting and hearing
the case will consider all representations and then decide if, on
the preponderance of the evidence, the allegation(s) is proved and,
if so, what level of disciplinary sanction, including and up to dismissal,
is appropriate. On the basis of the information presented, the Fire
Chief or designated officer may decide:
(b)
The above list is not exhaustive and the outcome may be varied
according to the circumstances of the case.
A.
Any officer or firefighter member of the Hudson Falls Fire Council
who has been removed from office or membership, as the case may be,
for incompetence or misconduct may appeal such action to the Village
Board of Trustees.
B.
Upon the issuance of disciplinary action removing an officer or firefighter
from the Fire Council, written findings supporting the disciplinary
action shall be provided to the removed officer or firefighter within
seven days of the finalization of the disciplinary hearing.
C.
In the event that the removed officer or firefighter elects to appeal
the decision of removal of the said officer or firefighter, said removed
officer or firefighter shall submit a written notice of appeal stating
his or her election to appeal said decision. Said written notice of
appeal shall be filed with the Hudson Falls Village Clerk within five
days of receiving the written findings.
D.
Following the filing of a notice of appeal, the Village Board of
Trustees shall schedule a hearing. Notice of said hearing shall specify
the time and place of such hearing and shall state the body or persons
before whom the hearing will be held. Such notice and a copy of the
findings of the disciplinary action shall be served personally upon
the accused officer or firefighter no less than 10 days nor more than
30 days before the date of the hearing.
E.
The burden of proving incompetency or misconduct shall be upon the
Fire Council. The accused officer or firefighter shall be entitled
to representation by an attorney and shall be allowed to cross examine
any witnesses or evidence presented at the hearing, and to produce
his or her own witnesses or evidence.
F.
The officer or body having the power to remove the person charged
with incompetence or misconduct may suspend such person after charges
are filed and pending disposition of the charges, and after the hearing
may remove such person or may suspend him or her for a period of time
not to exceed one year.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof, directly involved in the controversy in which said
judgment shall have been rendered.
