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DFD 2018 SOPs For Promotion Tests > Complaints Against DFD Personnel SOP 102.02 > Flashcards

Complaints Against DFD Personnel SOP 102.02 Flashcards

1
Q

Effective date of SOP 102.02

A

03/01/2017

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2
Q

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

A

Courteous
Caring
Appropriately

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3
Q

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

A

Promptly
Courteously
Positively

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4
Q

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

A

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

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5
Q

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

A

Assistant Fire Chief immediately

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6
Q

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?

A

The Fire Chief will be notified by the Assistant Fire Chief

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7
Q

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

A

TRUE

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8
Q

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

A

The Fire Chief or person assigned by the Fire Chief

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9
Q

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

A

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

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10
Q

Who has the authority to conduct and internal investigation?

A

Fire Chief

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11
Q

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

A

Fire Chief

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12
Q

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

A

From among the membership of the Department

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13
Q

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

A

Fire Chief

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14
Q

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

A

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

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15
Q

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

A
  1. Complaints against the DFD as a whole

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

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16
Q

Who is responsible for investigating complaints against FD members?

A

Fire Chief

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17
Q

Who is responsible for receiving complaints against FD operations members?

A

Shift Battalion Chiefs

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18
Q

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

A

Shift Battalion Chiefs

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19
Q

Who is responsible for receiving complaints promptly and courteously?

A

All FD members

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20
Q

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

A

Fire Chief

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21
Q

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?

A

Fire Chief

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22
Q

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

A

Fire Chief notified and a formal investigation initiated

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23
Q

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

A

Assistant City Manager
City Manager
City Attorney

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24
Q

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?

A

FALSE

A formal investigation is initiated

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25
Q

How must complaints be presented by a complainant?

A

In writing and signed by the person making the complaint

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26
Q

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

A

A thorough investigation

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27
Q

What is the purpose of the investigation?

A

Fact finding

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28
Q

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

A

Make judgements

29
Q

What is the role of the investigator?

A

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

30
Q

Who is usually the best investigator for a minor complaint?

A

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

31
Q

Who is best to investigate a serious nature complaint?

A

Member separate from the accused employees chain of command

32
Q

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

A
  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
33
Q

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

A

NO

34
Q

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

A

Charges of insubordination

35
Q

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

A

A Garity warning

36
Q

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?

A

FALSE

37
Q

Where should employee interviews be conducted?

A

Always in a department facility

38
Q

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

A

Employee physically unable to appear ie emergency military service or hospitalization

39
Q

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

A

TRUE

40
Q

When will the employee be interviewed?

A

During his or her regular duty hours whenever possible

41
Q

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?

A

TRUE

42
Q

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?

A

At least 24 hours

43
Q

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

A

“Statement Protecting Privilege Against Self-Incrimination”

44
Q

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?

A

FALSE

45
Q

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

A

Fire Chief or in his absence the Acting Fire Chief

46
Q

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

A

YES

47
Q

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

A

10 working days

48
Q

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

A

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

49
Q

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

A

Fire Chief

50
Q

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

A

Approval of the Fire Chief

51
Q

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

A

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

52
Q

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

A

Memorandum form

Addressed to the Fire Chief

53
Q

What 7 things will the investigative report include?

A
  1. Summary of the Incident
  2. Alleged Violations
  3. Interviews conducted
  4. Evidence
  5. Investigation/Findings
  6. Findings and Conclusions
  7. Attachments
54
Q

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

A
  1. Interviewee
  2. Rank and assignment
  3. Date
  4. Time
  5. Location
  6. Those present
  7. The information discussed
55
Q

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

A

Fire Marshal

56
Q

What must the investigator make from the information available?

A

Determination of responsibility

57
Q

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

A
  1. Exonerated
  2. Unfounded
  3. Not Sustained
  4. Sustained
  5. Sustained Misconduct not based on complaint
58
Q

What is the definition of Exonerated?

A

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

59
Q

What is the definition of Unfounded?

A

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

60
Q

What is the definition of Not Sustained?

A

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

61
Q

What is the definition of Sustained?

A

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

62
Q

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

A

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

63
Q

To whom is the completed investigative report forwarded?

A

Fire Chief

64
Q

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

A

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

65
Q

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.

A

FALSE

66
Q

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

A

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

67
Q

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?

A

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

68
Q

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

A

Fire Chief

In writing

DFD 2018 SOPs For Promotion Tests (64 decks)

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