PAIDS JD Flashcards
COMPENSATORY TIME REIMBURSEMENT: 6/70
-For the guidance of Chief Officers, the following quotas are established in granting compensatory time reimbursement (Memorial Day, Veteran’s Day, etc.)
Firefighters 1 per tour in all Battalions
Deputy Chiefs shall approve, within the allotted quotas, requests for all members below Chief Officer’s rank, for all time reimbursement including Veterans’ and Memorial Days giving preference to members who have SENIORITY IN THE RANK.
SCHOOL ATTENDANCE VARIANCES: 6/72
-B. Mutual exchange of tours may be made between members assigned to the same division.
-If mutual exchanges are unavailable, the following may be utilized by members seeking time off:
3.2.1 Compensatory time due for Memorial or Veterans Day.
3.2.2 Adjusted tour (15 hours).
3.2.3 Any other compensatory time due.
Note: A minimum of one (1) hour off shall be used under this provision.
-Members attending Fire Science, Nursing, EMT Certification, Paramedic Programs and other schools are eligible to apply for excusal time. Whenever a member, attending any of these programs, is unable to make mutual exchanges of tours or is lacking time owed as listed in Section 3.2, the member may be permitted excusal time(last resort) up to a maximum of 36 hours in accordance with the following:
-3.4.1 Member does not have or has utilized all time owed him/her as listed in Section 3.2. Member must use such time owed prior to requesting excusal time.
SCHOOL ATTENDANCE VARIANCES: 6/72
- TEST*
3. 4.5 A member desiring to repay excusal time, shall verbally notify such intentions at roll call, at least 72 hours prior to requested repayment time period, to the officer on duty (immediate supervisor) who shall notify the battalion chief on duty. The battalion, after reviewing the projected manpower, may either approve or disapprove, the member’s request for repayment of excusal time. This member shall be GIVEN FIRST PRIORITY IN meeting the minimum level requirements of the battalion. Requests, by firefighters for repayment of excusal time shall be approved if the manning level is below MLA.
GUIDELINES - WARNING AS TO RIGHTS 2/73
-When an officer is questioning or about to question a member whom he reasonably feels, or should feel, is a SUSPECT and may be subject to charges, he must then advise this member of his right to representation.
- Failure to warn a suspected member precludes the use of any of his answers in a subsequent disciplinary proceeding. If he is subsequently warned, then he may be requestioned, but none of his answers given prior to the warning may be used in the subsequent questioning.
- The warning and the right to representation does not extend to members who are WITNESSES. In fact, such members should be informed that any refusal to answer questions will result in disciplinary charges for the refusal to answer.
FIREFIGHTERS MINIMUM STAFFING POLICY GUIDELINES 5/74
-DEFINITIONS
Minimum Staffing level - Units starting tour with indicated number of firefighters. As of February 1, 2011, Minimum staffing level is: (See AUC 287)
Group 2, 3, & 4 Unit - 4 firefighters
Group 1 Unit- 5 firefighters
Surplus staffing: Any staffing in excess of the current minimum staffing level.
- Firefighters who are ineligible to work MSOT:
2. 1.1 Any firefighter who, by any combination of regular tours, mutual exchange of tours, RSOT or, MSOT tours would work more than 24 consecutive scheduled hours.
2. 1.2 Any firefighter whose MSOT worked for the 52-week period, as reflected on the latest bi-weekly printout, exceeds the Battalion average of MSOT for the same period by 75 hours of MSOT. Any such firefighter’s status shall be indicated on each printout sheet by a double asterisk (**) on the report.
2. 1.3 Any firefighter who is on, Accrued or Terminal Leaves, or who has been granted time off (e.g. compensatory time, self-mutual). However, a FF on Vacation Leave may work MSOT (See Section 2.3.3)
2. 1.4 Any firefighter 6th Grade with less than 9 months service; however, where all reasonable efforts to cover units with Minimum Staffing have been exhausted in accordance with Section 4, firefighter’s 6th Grade with less than 9 months service may work MSOT on the tour in question. - 2.1.5 Battalion Commanders may restrict MSOT eligibility of any member who has failed to repay an outstanding self-mutual/off within the 90 day guidelines set forth in PA/ID 3-94.
2. 1.6 A firefighter with an Incomplete Mutual exceeding thirty (30) days is not permitted to work an overtime tour until repayment has been completed.
FIREFIGHTERS MINIMUM STAFFING POLICY GUIDELINES 5/74
-Firefighters whose eligibility to work MSOT is limited:
2.2.1 Any firefighter whose MSOT worked for the 52-week period, as reflected on the latest bi-weekly printout, exceeds the Battalion average of MSOT by 60 hours or more, but less than 75 hours of MSOT , shall not be permitted to work more than 1 tour of MSOT until the issuance of the next printout.
2.2.2 Any firefighter whose MSOT worked for the 52-week period, as reflected on the latest bi-weekly printout, exceeds the Battalion average of MSOT by 45 hours or more, but less than 60 hours of MSOT , shall not be permitted to work more than 24 hours of MSOT until the issuance of the next printout.
Note: Any such firefighter’s status shall be indicated on each printout sheet by a single asterisk (*) on the report.
–2.3.1 Every firefighter’s eligibility shall be reviewed upon issuance of the latest MSOT printout.
FIREFIGHTERS MINIMUM STAFFING POLICY GUIDELINES 5/74
- SELECTION AMONG ELIGIBLE FIREFIGHTERS FOR ASSIGNMENT OF MSOT TOURS
3. 1 MSOT tour assignments should be offered to members through the officer-on-duty, in the FOLLOWING ORDER AND ON THE BASIS OF THE LOWEST NUMBER OF HOURS WORKED DURING THE PREVIOUS 52-WEEK PERIOD, AS REFLECTED ON THE LATEST BI-WEEKLY PRINTOUT. IF HOURS WORKED ARE EQUAL, THE SENIOR MEMBER SHALL BE GIVEN PREFERENCE. In exceptional circumstances, the on duty Battalion Chief may deviate from the below hiring preferences. - CR school Variance 1st choice
3. 1.1 Firefighters working their second tour of duty.
3. 1.2 Firefighters working their first tour of duty and who will be available due to a mutual exchange of tour.
3. 1.3 Firefighters working a mutual exchange of tour.
3. 1.4 Any other eligible firefighter that the Battalion can contact who is willing to work MSOT other than a firefighter on vacation leave.
3. 1.5 Any eligible firefighter on vacation leave.
3. 1.6 After all firefighters mentioned above have been canvassed, and if there is no eligible firefighter who can be ordered to perform overtime pursuant to Section 4.2 herein, a firefighter 6th Grade with less than 9 months of service.
3. 1.7 Each Battalion shall assure that a sufficient number of firefighters are available to standby for overtime based on projected MSOT hiring’s. Battalion Commanders or the Chief of Operations have the discretion to institute a mandatory standby policy of one or all groups going off their 2nd tour of duty.
3. 1.8 Any member that does not fulfill their standby obligation may be restricted from 24 hour mutuals.
FIREFIGHTERS MINIMUM STAFFING POLICY GUIDELINES 5/74
- If all eligible firefighters offered MSOT decline, the Battalion shall order the junior, eligible members on duty to work such MSOT.
- After all units have been brought up to minimum staffing level, the Battalion shall notify the next three members in the priority column that they are designated as standbys for MSOT. These standby members will be used to cover last minute vacancies. Early relief is not to be granted to members on standby.
-6.4.4 TEST***
If a vacancy occurs in a Chief’s Aide group, the Chief may detail a trained relief Aide from a company or unit. If the detail of the relief Aide results in less than Minimum Staffing within the Battalion, an eligible firefighter shall be provided to meet Minimum Staffing requirements. An eligible off-duty Aide may be assigned overtime to fill the vacancy in the Chief’s Aide group if a relief Aide is not available and the vacancy will reduce staffing within the Battalion below Minimum Staffing requirements.
-TEST
Procedures for partial tour coverage shall be similar to full tours. Eligible firefighters working a 9 hour or 15 hour tour (no 24-hour mutuals) preceding the tour in which a vacancy occurs shall be given priority. Depending on the amount of MSOT worked during the previous 12 month period, an eligible member will be selected for the partial tour. Firefighters in between 9x6 or 6x9 tours may be permitted to work a maximum of six hours. Incoming members for their first 9x6 or 6x9 tours may be permitted to work a partial tour under the same conditions. Only members completing a tour of duty or incoming members scheduled to start a tour of duty shall be eligible for partial MSOT tours.
FIREFIGHTERS MINIMUM STAFFING POLICY GUIDELINES 5/74
-Minimum Staffing level staffing shall apply when a shortage occurs in a unit as a result of the following leaves. The affected unit shall be first brought up to minimum staffing levels by detailing available surplus staffing. Members shall be hired on overtime only when surplus staffing above Minimum Staffing level is not available citywide.
Member is excused for a partial tour, for the specific purpose of School Attendance Variance (PA/ID 1-72 R).
Member is granted reimbursement for all or part of a tour.
UFA Delegate being assigned a special vacation.
UFA Delegate excusal – See PAID 5/74 Addendum 3.
A member will not normally be granted MSOT to maintain Minimum Staffing when the reason for the shortage is a funeral detail. All available light duty and staffing above “C” shall be used to staff the detail before MSOT is authorized.
-Any member performing any type of overtime shall not be selected for acting out-of-title in the rank of Lieutenant.
FIREFIGHTERS MINIMUM STAFFING POLICY GUIDELINES 5/74
-8.1.1 In the event an engine has less than four firefighters and/or a Group One company (as defined in AUC 287 - Ladders, Squads, Rescues) has less than five firefighters at the start of the tour, additional firefighter(s) shall remain on duty until relieved by the detail(s) so that the unit may commence the tour with the requisite number of personnel.
Note: In the event that no members are available to await relief, in this instance a unit may start the tour with one member less than minimum staffing levels as defined in AUC 287 while awaiting the arrival of the detail (detail or the return of the member detailed out the previous tour). Administrative Battalions shall coordinate staffing, to the greatest extent possible, to assure that all units start the tour with minimum staffing levels as defined in AUC 287.
**start of tour
1 short start tour understafffed
2 short OOS
COVERAGE FOR U.F.A. COMPANY DELEGATES EXCUSED TO ATTEND U.F.A. MEETINGS 5/74
-Only when citywide staffing is “C” level or below, shall a delegate obtain an eligible replacement for the six-hour excusal time. Vacancies specifically created as a result of Union excusals shall only be paid at straight-time pay rate. Administrative Battalions shall approve all Union excusal replacements based on the above staffing criteria.
COMMAND DISCIPLINE POLICY AND PROCEDURES 3/75
-Officer on Duty
The officer on duty witnessing or receiving notification of a violation shall enter a record of the facts in the company or unit journal, and if the accused is a detailed member, shall notify the unit where the accused member is assigned. The officer on duty of the unit where the member is assigned shall, after investigation and evaluation, initiate a complaint report and prepare necessary information for review by the commanding officer of the accused member.
-Battalion commanders shall conduct all disciplinary interviews for company commanders assigned to their Battalions and for covering and relief Lieutenants assigned to their Battalions.
-
COMMAND DISCIPLINE POLICY AND PROCEDURES 3/75
- Formal judicial proceedings, rather than command discipline, are appropriate, and the charges, specifications, and other procedures required by Chapter 26 of the Regulations may culminate in a trial before OATH in the following instances:
5. 1.1 When the accused member has declined to accept command discipline.
5. 1.2 Flagrant violation of regulations, or violations causing the reputation or discipline of the Department to suffer
5. 1.3 Violation of law resulting in conviction for felony or misdemeanor. - 5.1.4 Absence from or refusal to perform ordered duties while responding to, operating at, or returning from alarms.
MILITARY LEAVE 7/75
-4.1 Members placed on Military Leave to fulfill service obligations with the National Guard or Reserves may be eligible for a maximum of 240 hours of paid Military Leave per calendar year, NOT TO EXCEED 240 HOURS IN ONE CONTINUOUS PERIOD OF ABSENCE (MILITARY Leave Entitlement). If such member’s Military Leave will exceed the Military Leave Entitlement, the member may thereafter utilize other leave balances (i.e., Vacation Leave and Compensatory Time).
- 4.3 There is no yearly carryover of unused Military Leave Entitlement.
- TEST* 4.4 Excusals for partial tours are permitted for a minimum of 3 hours. If excusal for a partial tour results in a combination of Fire Department duty time and military duty time in excess of 24 consecutive hours, member must request excusal for the entire tour.
MILITARY LEAVE 7/75
TEST
6.5 Upon completion of ordered military duty for drills and/or training lasting 30 days or less,
the member shall:
Report back to work for the member’s next scheduled work tour no later than the beginning of the first full regularly scheduled work period on the first full calendar day following completion of Military service and expiration of 8 hours after a period allowing for safe transport;
if back after midnight not in for that calender day
EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS 1/77
5.1 When a member believes he or she has been a victim of or has witnessed discrimination, harassment (sexual or any other), intimidation, or retaliation, the member has a number of options available by which to file an EEO complaint. One option is with the Fire Department’s Equal Employment Opportunity (EEO) Officer.
- 5.5 A complaint must be filed with the Fire Department’s EEO Officer within one (1) year from the date the alleged discrimination or harassment occurred.
6. 1 Upon notification to an Officer/Supervisor by a member of an INCIDENT, the Officer/Supervisor shall inform the member of available filing options.
6. 2 Upon notification of an ALLEGED INCIDENT of discrimination by a member, the Officer/Supervisor is required to notify the Fire Department’s EEO Officer.
EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS 1/77
-6.2.1 Routine notifications may be made by:
• Telephone at (718) 999-1447 between 0800 to 1800 hours, Monday to Friday.
• E-mail at eeo@fdny.nyc.gov
6.2.2 For incidents that EFFECT OPERATIONS, the Officer/Supervisor shall contact the EEO Officer during office hours at (718) 999-1447 between 0800 to 1800 hours, Monday to Friday. During non-office hours, the EEO Officer can be reached through the Fire Department Operations Center (FDOC) at (718) 999-7900.
6.3 The member is not required to give the Officer/Supervisor or any other Fire Department official except the EEO Officer or EEO Liaisons any information concerning the complaint. If the member elects voluntarily to provide any information regarding the alleged incident, other than the fact that a complaint is being made the Officer/Supervisor is then required to complete a Confidential EEO Incident Report.
EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS 1/77
- 6.6 Upon notification of the alleged incident to the EEO Officer, the Officer/Supervisor shall be guided by instructions received from the EEO Officer.
6. 7 The Officer/Supervisor shall not interrogate any individual involved in the alleged incident, or initiate an investigation into the alleged incident, except if requested to do so by the EEO Officer, or Bureau of Investigations and Trials (BITs). - TEST**
- 2 A member has a right to meet privately with the EEO Officer or an EEO Attorney/Investigator during office hours; however, the member should obtain approval to do so prior to leaving his/her work assignment. A member need not disclose to an Officer/Supervisor the details of, or the purpose for, meeting with an EEO Office representative. Reasonable leave requests to meet with an EEO Office representative during work hours cannot be denied by supervisors. Officer/Supervisor shall allow members to meet with EEO Office representative at the earliest practicable time consistent with the OPERATIONAL NEEDS OF THEIR UNITS. CONCERNS about the above should be immediately addressed to the EEO Office.
SUBSTANCE ABUSE AND OTHER SITUATIONAL STRESS: TREATMENT POLICY 1/84
- SUPERVISORY REFERRAL: A supervisory referral occurs when:
2. 8.1 An employee is ordered to C.S.U. by a superior officer or manager. The administration or referring individual will be informed whether the employee is evaluated as having a problem needing treatment and whether the employee is in compliance or non-compliance with the recommended treatment. - TEST**
- 5.2 If a supervisor believes that a member is exhibiting abnormal behavior, a referral should be made to the Chief Medical Officer per Addendum 1, PA/ID 1-84. The supervisor should be prepared to (TEST***)document the nature of the member’s conduct, its frequency and effect on member’s performance and on coworkers. The date(s), time(s) and place(s) of such behavior should be noted as well as the name(s) of any witnesses. This information will be evaluated by the Chief Medical Officer. Based upon the findings of the physical examination, the member may be evaluated by a consultant in psychiatry to determine whether a mental illness exists and how it may affect the member’s duty status.
-No report will be made to the referring supervisor except notification of any change in duty status, confirmation whether a problem that interferes with the member’s ability to perform full duty does or does not exist, and whether the member is in compliance or non-compliance with the recommended treatment.
PROTOCOL FOR REPORTING UNUSUAL BEHAVIOR 1/84 add 1
-All levels of command down to the company level shall be made aware of this circular.
When an officer perceives that a member of his command is behaving in an unusual or other than normal manner, proper notification shall be made and the following guidelines shall be followed:
1. Notification will be in the form of a request to the Chief Medical Officer for a complete medical examination.
- Request shall be placed in a sealed envelope, marked “Confidential”, and forwarded directly to the Chief Medical Officer, Bureau of Health Services.
- The referring officer will list a telephone number by which a medical officer can reach him to discuss the reason (s) for the referral. The request shall not give any description of the alleged unusual behavior.
- If, in the opinion of the officer, the behavior of any member is such as to present a danger to the member or to anyone else, an IMMEDIATE TELEPHONE call shall be made to Bureau of Health Services during office hours or to the Emergency Operations Center at other times, requesting the presence of a medical officer.
- 1 In addition, an immediate telephone notification shall be transmitted to the next higher level of command for relay as required.(bc to DC)
- call bhs
- call DC
BEREAVEMENT LEAVE 4/89
CR regs 17.7.15- bereavement lv cant interupt vac leave
wcbsfm cross ref emergency lv
wife , child , brother, sister, father , mother
-Immediate family of member:
1.1.1 Spouse.
1.1.2 Natural, adoptive, foster, or step-parent, child, brother, or sister.
1.1.3 Other relative residing in the household at time of death.
ROSTER STAFFING SCHEDULED OVERTIME 1/90
-8.3 An RSOT tour that has been mutualed or rescheduled may not be mutualed or rescheduled again.
(except)
TEST*****8.9 If the Firefighter is placed on light duty status following any medical leave (Section 8.7.6) or continues on light duty (Section 8.8.4) and as a result cannot complete the mutual in the field, (s)he will follow the instructions in this section to reschedule the mutualed RSOT tour.
-9.3.1 Members may be offered other than a “like tour” (i.e. weekday for weekend) at the discretion of the Department, but the member can decline and choose to work the rescheduled RSOT on a like tour.
ROSTER STAFFING SCHEDULED OVERTIME 1/90
- 2 The only time a member may request carryover of the RSOT into the next calendar year is as under Sections 15.2.1, 15.2.2 and 15.2.3. Under these circumstances, the Company Commander must forward a Request To Carry Over Unused Roster Staffing Overtime- FS-270 to the Battalion Commander detailing the reasons for the carryover. All requests must be in compliance with section 9.6.
- 2.1 Firefighters who had their scheduled RSOT rescheduled due to Bereavement Leave, Emergency Leave, Military Leave, Departmental duties (e.g., Chauffeur School but not including group number or vacation letter changes) or as dictated by Department needs.
- 2.2 Firefighters on light duty for less than 30 days or medical leave during the month of December whose scheduled RSOT tours occur when they are on the light duty/medical leave status and have therefore mutualed their scheduled RSOT tour.
- 2.3 Firefighters on line-of-duty medical leave may carry over unused RSOT into the new calendar year, but must use such time in that calendar year. If not used in the calendar year following the year it was originally scheduled, the time is considered declined.
RESCHEDULING OF ROSTER STAFFING OVERTIME 1/90 add 4
- Administrative Battalions may not reschedule Roster Staffing Overtime (RSOT) except for the following reasons:
- 1 Probationary Firefighters scheduled for 5th grade medical.
- 2 Firefighters who are prevented from working RSOT due to:
- 2.1 Military Leave.(can carry over)
- 2.2 Emergency Leave.(can carry over)
- 2.3 Bereavement Leave.(can carry over)
- 2.4 Departmental Duties (e.g. Chauffeur School but NOT INCLUDING GROUP NUMBER OR VACATION LETTER CHANGES).
- 2.5 Short-term light duty Firefighters who have had to reschedule their mutualed RSOT as instructed in PA/ID 1-90 Section 8.9.(NOT carry over)
- 2.6 Light duty Firefighters may reschedule RSOT if the Firefighter expects to return to full duty in 90 Days or less.
- 2.7 Firefighters on line-of-duty medical leave may reschedule RSOT tours missed.(can carry over)
- Administrative Battalions may reschedule more than one Firefighter per tour on RSOT unless otherwise directed.
-4. Rescheduling is for like tours (i.e., weekend tour for weekend tour and weekday tour for weekday tour).
MUTUAL EXCHANGE OF TOURS WITH SELF - FIREFIGHTERS 3/94
- 1.2 If possible, such requests should be made at least 72 hours in advance.
- 2.2.1 No repayment of tours owed will be permitted on Memorial Day and Veterans Day.
- 4.5 Firefighters shall only be permitted to link a payback self-mutual tour with a regularly scheduled work tour (24 hours) when assignments for both tours are within the same or adjoining company.(no port to port)
- 4.6 Requests for self-mutual/off will only be permitted for tours when the applicant’s regularly assigned group is scheduled to work. - 7 Requests for self mutual/repayment will be permitted only when applicant’s regularly assigned group is not scheduled to work.
JURY DUTY LEAVE 1/96
7.1 While on Jury Duty Leave, members if scheduled, are required to work the following tours:
9X6 Saturdays, Sundays and Holidays 6X9 Saturdays, and before Holidays
7.2 Veterans who were scheduled to work tours on Memorial or Veterans’ Days, but were excused as a result of Jury Duty Leave, are not entitled to Compensatory Time Reimbursement.
8.3 When Jury Duty Leave commences prior to start of scheduled Vacation Leave the Vacation Leave will be postponed.
8.4 Vacation Leave interrupted or postponed as a result of Jury Duty LEAVE will resume or commence at 0900 hours on the date following the completion of Jury Duty leave
ANNUAL EDUCATION DAY 1/08
3.4 Firefighters 6th grade shall attend Education Day with their company when scheduled.
(regarless when they went)
3.5 Officers, and Firefighters other than 6th grade, who attended a periodic Education Day within six months of their scheduled date, shall not report with their company. These members shall be included in the Division/Battalion manpower and detailed for the 9x6 tour.
ANNUAL MEDICAL EXAMINATIONS 2/08
1.6 Firefighters, including 6th grade firefighters, who have attended a medical within six months of their scheduled date, shall not report with their company. These firefighters shall be included in the Battalion manpower and detailed for the 9x6 tour.
Note: For the purpose of this document, 5th grade medicals shall not be considered annual medicals.
DISCRETIONARY OVERTIME CONTROL POLICY 1/09
- 1.1 The following directive is applicable to discretionary overtime/comp time in all Bureaus reported under the following overtime event codes:
1. 1.1 Administrative/support classified by TPR codes 1464/1465;
1. 1.2 Fire Marshal continued on duty O.T. classified by TPR codes 1327/1328; and
1. 1.3 Other compensatory time (Chief Officers only) classified by TPR code 3044. - 2.4 When the total of overtime/comp time earned under section 1.1 combined with all overtime/comp time earnings as outlined in section 1.2 equals the yearly limit, no additional overtime/comp time as defined in section 1.1 can be earned until the total overtime/comp time hours drop below the yearly limit. Only exception provided in section 2.5.
2. 5 Any request for an exemption from the yearly limit for overtime/comp time as outlined in section 1.1 must be pre-approved in writing by the Chief of Department. The request must specify the reason why the limit must be exceeded. The Request for Discretionary Overtime/Comp Time Limit Waiver form (FS-265) can be accessed from the FDNY Intranet.
WORKPLACE VIOLENCE PREVENTION POLICY
1/2011
SUPERVISOR DUTIES
11.1 Forwarding the Workplace Violence Report
11.1.1 Every supervisor who has received a Workplace Violence Report (or a verbal report) shall ensure that it is forwarded via the chain of command to the Workplace Violence Prevention Coordinator. All supervisors within the chain of command shall ensure that the report is forwarded on an expedited basis.
11.1.2 The supervisor shall affirmatively seek the guidance of the Workplace Violence Prevention Coordinator on matters that are very likely to lead to an incident of workplace violence.
11.2.1 Supervisors (in consultation with their chain of command) may take any measures within their authority to correct a potential for workplace violence or to respond to a workplace violence incident including contacting law enforcement authorities, temporarily re-assigning personnel, or referring personnel for discipline.
