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HomeMy WebLinkAbout111.001 - Corrective Action ADMINISTRATIVE MANUAL CORRECTIVE ACTION 111.001 CORRECTIVE ACTION EFFECTIVE: NOVEMBER 2009 Current Revision Date: 4/18/19 Next Revision Date: 4/18/20 Author’s Name/Rank: Jonathan Chew, Deputy Fire Chief Review Level: 2 Administrative Support: Christina L. Johnson Senior Administrative Clerk Section 111.001 Page 1 of 5 PURPOSE To provide a policy and guideline for consistent corrective action as administered by officers of the Fresno Fire Department (FFD or Department) and to maintain compliance with California Government Code, Section 3490, Records Retention Act, as adopted by the City of Fresno. APPLICATION The various forms of corrective action by officers and supervisors will be consistent with the provisions of this policy. OPERATIONAL POLICY Corrective action for sworn safety employees of the Department must stay within the guidance of the Firefighter Bill of Rights (FFBOR). In addition, Administrative Order 2-14 (AO 2-14), Guide to Corrective Action, applies to all employees of the FFD. Further, the memorandums of understanding of all represented groups should be considered with respect to consistency and application of corrective action. OPERATIONAL GUIDELINE Members should be treated equally in cases under the same circumstances. A supervisor should not overlook an infraction one time and take action the next time. A member who is allowed to get away with several offenses is being allowed to fail. Little things should not be overlooked. Per FFD Rules and Regulations 109.002, Section 3, All Officers, “Officers are to be responsible for the full performance of the duties delegated to them and require all subordinates under their command to comply with all orders, Standard Operating Procedures, Administrative Manual policies and practices of the Department.” Section 111.001 Page 2 of 5 All Officers (Fire Chief to Captain) and Supervisors are empowered to initiate corrective action at their level utilizing the established FFD forms. Good judgment is the most critical element in their administration of corrective action. Officers are allowed latitude in their administration of corrective action. With any large organization (and in our case three different shifts) it is important that unacceptable behavior is identified, corrected and not allowed to continue as members move throughout the organization. The intent of corrective action is to change behavior to an acceptable standard – not to punish. Corrective action should be progressive, generally leading from lesser action to more severe. Steps outlined in this policy are in line with AO 2-14. Retraining and Letters of Understanding are not considered discipline, so may be issued to employees without representation present. Written reprimands and higher levels of discipline entitle sworn safety members to representation and may be appealed under FFBOR. These documents should be drafted by Fire Administration. The elapsed time between similar infractions should be considered by the officer in determining if progressive action is warranted. Circumstances dictate the administration of progressive discipline. It is not the intent of the Department to issue corrective action for losses and damages incurred while involved in emergency operations where due diligence and caution were observed. PROCESS 1. Preliminary Corrective Action: Preliminary action steps are available to All Officers and Supervisors. The following three steps are in no particular order. Use the process that best fits your situation. a. Retraining: Training is an ongoing process that occurs every day. Retraining should occur when evidence indicates the problem is a lack of knowledge or skill by an employee, correctable by attention to skill and improvement. If the supervisor feels it is important to document the training delivered, an Administrative Manual, Section 106.145, Retraining Form (FD-83) can be completed, executed and placed in a member’s Department Training file for two (2) years from the date of issue. Members may access their Training file by appointment. b. Counseling: This is the first form of corrective action for many non-training related offenses and should be documented as having been given by a supervisor. Although nothing would be placed in an employee’s permanent file in the Personnel Department, it may be documented in a departmental file, and a copy should be provided to the employee (e-mail copies are acceptable). Section 111.001 Page 3 of 5 c. Letter of Understanding: This is most appropriate when the problem is a lack of understanding of the rules, regulations, and requirements of the job, rather than an intentional disregard of them. No fault attaches to this action; it is an assurance that an employee knows what is expected. An Administrative Manual, Section 106.146, Letter of Understanding (FD- 84) contains a reference to the action or omission that occurred and the rule, regulation, and/or policy violated. An immediate supervisor should be present during the issuance of a Letter of Understanding. The member shall have up to 30 days to attach a rebuttal to Letter of Understanding. A Letter of Understanding is completed, executed and placed in the member’s personnel file for a period of two (2) years with the exception of letters for tardiness, which will remain on file for a period of five (5) years. 2. Levels of Discipline Requiring Administrative Review : The following levels of discipline are reviewed and issued by Fire Administration as per A.O. 2-14 and must be compliant with FFBOR. The corrective actions listed below, in order of severity, are the standard forms of action, but are not necessarily all-inclusive. Officers should utilize the established FFD forms for corrective action to document and record actions taken to address the issue/problem. If the issue/problem continues, further corrective action may occur: a. Written Reprimand: This is to be used when an offense is sufficiently serious on its own or in a series of offenses. Written Reprimands contain a statement of the specific action from the involved member, the rule violated, and a statement stating further violations will result in more serious corrective action. Written Reprimands remain in a member’s personnel file at Fire Administration for a period of three years. b. Suspension: Suspension is a serious form of discipline and should be used only for serious offenses or for the most recent in a series of offenses not corrected by less severe disciplinary action. A Notice of Proposed Action in accordance with Fresno Municipal Code, Section 3- 280, Procedure to Precede Imposition of Fine, Suspension or Removal, is required before suspending a permanent employee. c. Fine In Lieu of Suspension: The same criteria apply to fines as to suspensions, including a Notice of Proposed Action. Fines should be administered sparingly, generally where suspension is inappropriate or ineffective, or where an offense involves damage to property. Section 111.001 Page 4 of 5 d. Demotion of Promoted Employee: Demotion can occur for the same reasons as for the fine or suspension, but should be limited to cases where job performance in the higher class is inadequate and demotion of a promoted permanent employee to the previously held lower class is the only way of achieving adequate performance. A Notice of Proposed Action is required. e. Removal: Termination should be used when the offense or situation is so serious that retention is not acceptable, or when the action of the employee is the latest of a series of offenses showing that the employee is unwilling or unable to correct his/her behavior, even despite previous progressive discipline. Note: Written Reprimands and higher levels of discipline remain in a member’s personnel file at City Hall for the duration of their career. INFORMATION This section left intentionally blank. DEFINITIONS This section left intentionally blank. CROSS-REFERENCES Government Code Section 3490, Records Retention Act Firefighter Bill of Rights Administrative Order 2-14, Guide to Corrective Action Administrative Manual Section 106.145, Retraining Form (FD-83) Section 106.146, Letter of Understanding (FD-84) Fresno Fire Department, Rules and Regulations Section 109.002, All Officers Section 111.001 Page 5 of 5 Fresno Municipal Code Section 3-280, Procedure to Precede Imposition of Fine, Suspension or Removal