Complaints Against DFD Personnel SOP 102.02

Question 1

Effective date of SOP 102.02

Answer 1

03/01/2017

Question 2

In what 3 ways will DFD members respond to the public?

Answer 2

Courteous
Caring
Appropriately

Question 3

In what 3 ways will the DFD respond to all citizen complaints regarding its members and/or services?

Answer 3

Promptly
Courteously
Positively

Question 4

Who should a member receiving a complaint against another member refer the complaint to?

Answer 4

On duty Battalion Chief or to a supervisor for non-operations personnel

Question 5

To where and by when will complaints of a serious nature normally be referred by the Shift Battalion Chief?

Answer 5

Assistant Fire Chief immediately

Question 6

If a complaint of serious nature has been referred by the Shift Battalion Chief to the Assistant Fire Chief and the complaint has been deemed warranted who then will be notified and by whom?

Answer 6

The Fire Chief will be notified by the Assistant Fire Chief

Question 7

True or False? Information concerning all aspects of an investigation of a complaint against a FD member will be considered confidential?

Answer 7

TRUE

Question 8

Who will conduct internal investigations of any complaint about an employee?

Answer 8

The Fire Chief or person assigned by the Fire Chief

Question 9

What is the course of action if a complainant prefers to speak only to the Fire Chief?

Answer 9

She/he will be referred to the Fire Chief without hesitation and in an expedient manner

Question 10

Who has the authority to conduct and internal investigation?

Answer 10

Fire Chief

Question 11

Who has the authority to designated an investigator to conduct an internal investigation?

Answer 11

Fire Chief

Question 12

From where will an investigator be assigned for an internal investigation?

Answer 12

From among the membership of the Department

Question 13

Who has the absolute and final authority in determining any recommended disciplinary actions?

Answer 13

Fire Chief

Question 14

From what 4 places will any disciplinary actions be in accordance?

Answer 14

Chapter 143 of the Texas Local Government Code
Local Rules of the City of Denton Civil Service Commission
Denton Fire Department rules and regulations
City of Denton administrative policies

Question 15

What 2 major categories do complaints which arise from the daily conduct of business in the FD fall?

Answer 15

1. Complaints against the DFD as a whole

2. Complaints against one or more individual members of the DFD

Question 16

Who is responsible for investigating complaints against FD members?

Answer 16

Fire Chief

Question 17

Who is responsible for receiving complaints against FD operations members?

Answer 17

Shift Battalion Chiefs

Question 18

Who is responsible for initiating the preliminary notification and investigation process?

Answer 18

Shift Battalion Chiefs

Question 19

Who is responsible for receiving complaints promptly and courteously?

Answer 19

All FD members

Question 20

When it becomes known that a member of the FD has been arrested by a law enforcement agency who shall be notified immediately?

Answer 20

Fire Chief

Question 21

When a member has been arrested who will make contact with the law enforcement agency to endeavor to obtain as much information as possible concerning the case?

Answer 21

Fire Chief

Question 22

What shall occur immediately if a member of the FD is arrested in connection with alleged on-duty criminal activities?

Answer 22

Fire Chief notified and a formal investigation initiated

Question 23

What 3 people will the Fire Chief immediately notify when a member has been arrested in connection with alleged on-duty criminal activities?

Answer 23

Assistant City Manager
City Manager
City Attorney

Question 24

True or False? When a police report has been filed against an FD member the Fire Chief will be notified immediately however a formal investigation is not needed?

Answer 24

FALSE

A formal investigation is initiated

Question 25

How must complaints be presented by a complainant?

Answer 25

In writing and signed by the person making the complaint

Question 26

Before any formal action is taken against any FD member what must occur?

Answer 26

A thorough investigation

Question 27

What is the purpose of the investigation?

Answer 27

Fact finding

Question 28

What must supervisors be cautioned not to do when a complaint has been made against an FD member and an investigation has begun?

Answer 28

Make judgements

Question 29

What is the role of the investigator?

Answer 29

To gather facts and then, after careful consideration, draw a conclusion as to the disposition of the investigation

Question 30

Who is usually the best investigator for a minor complaint?

Answer 30

Supervisors in the employees chain of command, normally the Shift Battalion Chief

Question 31

Who is best to investigate a serious nature complaint?

Answer 31

Member separate from the accused employees chain of command

Question 32

What are 5 situations that are included as serious nature complaints?

Answer 32

1. Allegations of criminal conduct 2. Serious negligence on the job causing injury or death 3. Violations of policy that, if sustained, would normally result in substantial disciplinary action 4. Discourtesy that includes statements regarding race, gender, ethnicity, religion, or sexual preference 5. Of such a sensitive nature they threaten the departments relationship with the community and the organization's integrity

Question 33

Can an employee refuse to respond to an investigator when being questioned regarding an ongoing administrative investigation?

Answer 33

NO

Question 34

To what will any member who willfully fails to cooperate, is untruthful, or acts to hinder or delay an investigation be subject to?

Answer 34

Charges of insubordination

Question 35

On alleged criminal acts that warrant an investigation of misconduct or at the discretion of the investigator, the accused will receiving what?

Answer 35

A Garity warning

Question 36

True or False? The investigator may not go to the complaint's home or place of business if necessary or so requested to accept the written complaint and gather further information?

Answer 36

FALSE

Question 37

Where should employee interviews be conducted?

Answer 37

Always in a department facility

Question 38

When may an employee interview not be conducted in a department facility?

Answer 38

Employee physically unable to appear ie emergency military service or hospitalization

Question 39

True or False? Employees will never be interviewed in their attorney's or representative's office

Answer 39

TRUE

Question 40

When will the employee be interviewed?

Answer 40

During his or her regular duty hours whenever possible

Question 41

True of False? If the investigation is of such a nature as to require immediate action or the employee's schedule will cause undue delay, the supervisor will be responsible for ensuring that the employee is compensated for any off duty time required?

Answer 41

TRUE

Question 42

How much time will an investigator allow before requesting a response after the employee who is subject of the investigation has been served with a written notification?

Answer 42

At least 24 hours

Question 43

With what will the investigator provide the employee prior to taking a statement from any employee?

Answer 43

"Statement Protecting Privilege Against Self-Incrimination"

Question 44

True or False? The employee will be notified prior to any inspection of any locker, desk, or vehicle furnished by the FD for the use of members?

Answer 44

FALSE

Question 45

Who must first be notified prior to the inspection of any locker, desk, office, or vehicle furnished by the FD?

Answer 45

Fire Chief or in his absence the Acting Fire Chief

Question 46

Is a witness required to accompany any supervisor and/or investigator during any search?

Answer 46

YES

Question 47

Within what time frame will administrative investigations be completed under normal circumstances?

Answer 47

10 working days

Question 48

If it becomes evident that the investigation will take longer than 10 working days what should then occur?

Answer 48

The investigator will notify the Fire Chief in writing specifying the cause of such delay

Question 49

Who determines if there are mitigating circumstances which do not have to go through the procedure set forth by this policy?

Answer 49

Fire Chief

Question 50

What is necessary in order to use audio and/or video recordings of investigative interviews?

Answer 50

Approval of the Fire Chief

Question 51

The Fire Chief will have absolute and final authority in determining the ...

Answer 51

Assignment and disposition of any investigation and any disciplinary action taken as a result of the investigation

Question 52

In what form and to whom will the investigators report be addressed?

Answer 52

Memorandum form | Addressed to the Fire Chief

Question 53

What 7 things will the investigative report include?

Answer 53

1. Summary of the Incident 2. Alleged Violations 3. Interviews conducted 4. Evidence 5. Investigation/Findings 6. Findings and Conclusions 7. Attachments

Question 54

Under the Interviews Conduction section of the Investigative Report what 7 things should be included concerning each interview?

Answer 54

1. Interviewee 2. Rank and assignment 3. Date 4. Time 5. Location 6. Those present 7. The information discussed

Question 55

Who will store photographs, audio or video cassettes, and dispatcher logger recorder tapes?

Answer 55

Fire Marshal

Question 56

What must the investigator make from the information available?

Answer 56

Determination of responsibility

Question 57

What are the 5 conclusions that may be drawn from the information available by the investigation?

Answer 57

1. Exonerated 2. Unfounded 3. Not Sustained 4. Sustained 5. Sustained Misconduct not based on complaint

Question 58

What is the definition of Exonerated?

Answer 58

Investigation established that the act complained of did occur, but that it was justified, legal and proper

Question 59

What is the definition of Unfounded?

Answer 59

Investigation established that the act complained of did not occur. Allegation is false or not factual

Question 60

What is the definition of Not Sustained?

Answer 60

Investigation failed to produce sufficient evidence to clearly prove or disprove the allegation

Question 61

What is the definition of Sustained?

Answer 61

Investigation established that the alleged misconduct did occur. Allegation is supported by sufficient evidence

Question 62

What is the definition of Sustained Misconduct not based on Complaint?

Answer 62

Investigation established that misconduct did occur, but was not part of the original complaint

Question 63

To whom is the completed investigative report forwarded?

Answer 63

Fire Chief

Question 64

True or False? The investigative report is open record and available for any person so wishing to view.

Answer 64

FALSE. The investigative report is confidential and for administrative use only. Care will be taken to maintain the confidentiality of the report

Question 65

True or False? The investigator, whether it is a supervisor or the Fire Marshal, may make or offer a formal recommendation as to any discipline to be imposed.

Answer 65

FALSE

Question 66

What shall occur if no disciplinary or corrective action is taken as a result of the administrative investigation?

Answer 66

Fire Chief will notify the employee in writing of the disposition of the investigation and send a copy of the employee's letter to each supervisor in the employee's chain of command

Question 67

What shall occur when disciplinary action or corrective action is taken as a result of an administrative investigation what shall serve as the employee's notification of the disposition of the investigation?

Answer 67

The notice of proposed disciplinary action, counseling report, or other documentation will serve as the employee's notification of the disposition of the investigation

Question 68

Upon approval of the conclusion who will notify the complainant of the disposition of the complaint and how?

Answer 68

Fire Chief | In writing