Order Book Article 7- Maintenance of Discipline

Question 1

Who is available to assist with guidelines for adverse/Disciplinary actions?

Answer 1

Office of Compliance OOC

Question 2

Disciplinary actions are governed by what?

Answer 2

Collective Bargaining Agreement and CH 16 DPM

Question 3

How much advance notice are members entitled to for adverse actions?

Answer 3

15 days (hours)

Question 4

How much advance notice are members entitled to for corrective actions?

Answer 4

10 days (Form 169 counseling form goes in file)

Question 5

Is Enforced leave a Corrective or Adverse action?

Answer 5

Neither

Question 6

How are disciplinary reporting procedures / special reports unique?

Answer 6

They are to be EXPEDITED

Question 7

List what the officers in the CoC should do for when initiating disciplinary action

Answer 7

Interview members/witnesses and obtain written reports
Prepare record of information which identifies persons, places and statements/docs on record
Determine if a violation has occurred, state article and section of Order Book or Rules and Regs involved and individual involved with appropriate cause listed in Section 1603, Chapter 16 of the DPM
Review member’s personnel record, cite relevant factors (length of employment, prior discipline including 169’s over past 3 years) prior infractions need not be for the same cause
Forward reports through CoC to AFC

Question 8

What choices does an AFC have for referring a Disciplinary case?

Answer 8

Refer to DIB
BFC conference
DFC conference
Trial Board

Question 9

Who is in a Disciplinary Investigation Board DIB and for how long?

Answer 9

3 Captains, 18 months (rotate at 6 months (chair at 12 months))

Question 10

A DIB Submits what form to the AFC recommending these groups for determining action?

Answer 10

Form 2.2
Trial Board (suspension 120 hours up to termination)
DFC Conference (suspension 72 hours to 120 hours)
BFC Conference (Reprimand to w72 hour suspension)
No Further Action

Question 11

Under what article does the DIB have authority to interview members and how much notice is given to members prior to the interview date?

Answer 11

(in accordance with article 8 of collective bargaining agreement) DIB will submit a Form 2.1 (notification of DIB interview) 7 days prior to interview

Question 12

Investigation of Motor Vehicle Accidents Form?

Answer 12

Form 7

Question 13

Notice of Charges will be served to member within how long of incident?

Answer 13

75 days or when employer becomes aware

Question 14

How much time after notification of future charges will member be notified of the Proposed Action?

Answer 14

60 days after initial notification

Question 15

List offenses that would constitute being sent to a BFC Conference:

Answer 15

(

Question 16

List offenses that would constitute being sent to a DFC Conference:

Answer 16

(72-120 hour suspension)
	Late for duty more than 3 times
	Conduct unbecoming
        AWOL more than 12 hours
        At fault for major accident
        Insubordination
        Serious violations
        More than 3 infractions of same offense within a 3 year period

Question 17

How long does a member have to appeal a BFC or DFC conference decision?

Answer 17

15 days

Question 18

Does signing a document being delivered to a member constitute admission of guilt?

Answer 18

No

Question 19

What are “Douglas Factor Considerations”?

Answer 19

Relevant surrounding information such as employee history, impact on department, intentions

Question 20

Discipline files are private and may only be disclosed by?

Answer 20

Court order or member consent

Question 21

List some random fucken Fire Trial Board Facts:

Answer 21

Powers set forth in Reorganization Order No 39
For penalties ranging from: termination, demotion, suspension of 120 hours or more
Office of compliance writes Initial Notification- Hearing shall fallow within 180 days
Consists of 2 BFC’s and 2 Captains (30-90 days)
Decisions due in Compliance office within 14 days
Reviewed and issued by Fire Chief
Member can appeal to Office of Employee Appeals OEA, or arbitration in cases of termination

Question 22

An insubordinate member may be:

Answer 22

relieved from duty on the spot on admin leave and return the following tour, unless extended by AFC. Special report due stating violations

Question 23

Enforced Leave Fun Facts:

Answer 23

(by AFC) for falsified documents, felony charge, charge that bears relationship to position
Admin leave for 5 days, annual leave, comp time used- prior to Enforced leave without pay until decision is rendered.
Member will be notified verbally during the 5 day period with written notice to follow. Member can respond within a day of verbal notification with explanation. AFC will make a decision; member has 10 days to appeal. If enforced leave lasts more than 10 days, member can appeal to OEA within 30 days of enforced leave date
If charges are dropped, leave will be reimbursed, if penalty is less than leave used during proceeding, the additional leave used will be restored

Question 24

Describe process officer will use for Suspected Intoxication:

Answer 24

With Probable Cause, Relieve member from duty, Order them to submit to tests

• if they refuse, remind them they are in violation of a direct order and this could lead to disciplinary action, keep them under observation, contact PFC and request exam in quarters/be guided by doctor’s advice, place the company out of service, notify BFC
• if they agree, contact PFC and be guided by doctor’s advice, place the company out of service, notify BFC

Question 25

What are the BFC’s actions in regards to a member Suspected of Intoxication?

Answer 25

BFC shall report to member’s quarters. If member refused, wait for PFC rep
If member agrees to test, contact TAEU of MPD for evaluation, transport member to TAEU to obtain written test results
Suspect Drug use, M-F transport to MSO, if after hours, order member to report at 0700 the following day
If they need medical attention, take them to the ER
Have member report to MSO the day following or next day it is open
Obtain opinion from physician, cite member if necessary
Follow up with physician to see if more visits are necessary to determine narcotic addiction

Question 26

What constitutes Tardiness, how can it be handled?

Answer 26

Being late up to 1 hour, if excusable charge AL or SL, if AWOL, charge AWOL and notify BFC / document on Form 1199-A