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HomeMy Public PortalAboutCode of Conduct Fire Department COUNCIL POLICY Effective Date May 14, 2018 Page 1 of 7 Section: Personnel Title: Oliver Volunteer Fire Department Code of Conduct PURPOSE: This policy is to establish a Code of Conduct aimed at ensuring members of the Town of Oliver Volunteer Fire Department (Department) maintain the highest level of integrity and ethical conduct both on and off duty. SCOPE: This policy applies to all members of the Department. POLICY STATEMENT: The nature of firefighting and emergency services work places all members in a positon of public trust and subject to public scrutiny, and thus requires a level of conduct that is beyond reproach, regardless of work status or location. Thus, it is important that all members strive to achieve the highest level of ethical and professional conduct necessary to maintain the integrity of individual members and the Department as a whole. PROCEDURES: The Department is committed to providing effective firefighting and emergency services to the citizens and visitors of Oliver. The Department relies on the pride of its members as firefighters and emergency services providers, their loyalty to the profession, the Department, and fellow members, and their dedication to providing outstanding professional services to the community. The Department can only succeed in its mission if its individual members maintain their professional integrity. The cornerstone of the Department is its relationship with the community it services. Each member is responsible for his or her own actions and the effective interaction with other members to make an effective and cohesive team. Conduct that does not adhere to appropriate standards for the emergency services profession challenges the integrity of individual members, which in turn, reflects on the Department as a whole and impacts the Department’s ability to serve the public. Oliver Volunteer Fire Department Code of Conduct Page 2 of 7 In adopting a Code of Conduct, the Department intends to further clarify what constitutes both acceptable and unacceptable conduct with the goal of promoting positive conduct and preventing conduct that undermines the integrity of the Department and its members. This policy applies to a member’s conduct as a whole which includes a member who is on-duty and may be applicable to a member who is off-duty if the member’s conduct has a connection to the member’s official duties. This policy is applicable regardless if the misconduct occurs in-person or through some other means, such as social media. The performance of the Department depends on each member’s character, motivation, loyalty to the emergency service profession, self-discipline, adherence to the chain of command, obedience to orders, appropriate action in the absence of a specific order, and orderly interaction with other members of the Department to accomplish a common objective. The Town expects that every member will exercise a high level of self- discipline to enable the Department to meet this goal. A Code of Conduct is necessary not only to set minimum standards of conduct expected of its members, but also to alert members to the possibility of disciplinary action for failure to adhere to specified minimum standards of conduct and professionalism. FUNDAMENTAL EXPECTATIONS: The Department has certain fundamental expectations of its members. These fundamental expectations do not themselves constitute specific rules of conduct, and accordingly, are not the basis for disciplinary action. Instead, the Department hopes every member will strive to demonstrate these characteristics that are consistent with the highest level of professionalism and personal integrity.  Always conduct oneself, on and off duty, in a manner that reflects positively on oneself, the department and the fire service in general.  Accept responsibility for ones actions and for the consequences of those actions.  Support the concept of fairness and the values of diverse thoughts and opinions.  Avoid situations that would adversely affect the credibility or public perception of the fire service profession.  Be truthful and honest at all times and report instances of cheating or other dishonest actions that compromise the integrity of the department.  Conduct one’s personal affairs in a manner that does not improperly influence the performance of ones duties, or brings discredit to the organization.  Be respectful and conscious of each member’s safety and welfare.  Recognize that one serves in a position of public trust that requires stewardship in the honest and efficient use of publicly owned resources, including uniforms, facilities, vehicles and equipment and that these are protected from misuse and theft.  Exercise professionalism, competence, respect and loyalty in the performance of one’s duties and use information, confidential or otherwise, gained by virtue of one’s position, only to benefit those one is entrusted to serve. Oliver Volunteer Fire Department Code of Conduct Page 3 of 7  Avoid financial investments, outside employment, outside business interests or activities that conflict with or are enhanced by one’s official position or have the potential to create the perception of impropriety.  Never propose or accept personal rewards, special privileges, benefits, advancement, honours or gifts that may create a conflict of interest, or the appearance thereof.  Never engage in activities involving alcohol or other substance use or abuse that can impair one’s mental state or the performance of one’s duties and compromise safety.  Never discriminate on the basis of race, religion, colour, creed, age, marital status, national origin, ancestry, gender, sexual preference, medical condition or handicap.  Never harass, intimidate or threaten fellow members of the service or the public and stop or report the actions of other firefighters who engage in such behaviours.  Responsibly use social networking, electronic communications, or other media technology opportunities in a manner that does not discredit, dishonor or embarrass the organization, the fire service and the public. Also understand that failure to resolve or report inappropriate use of this media equates to condoning this behaviour. RULES OF CONDUCT: The Department has established these specific rules of conduct for its members that go beyond Departmental expectations. These rules are not intended to be an exclusive list and violations of these rules of conduct may be used as the basis for disciplinary action.  Compliance with Policy: o Members shall not commit any act or fail to commit any act that would constitute a violation of Town or Departmental policy. o This may include, but not limited to: Department orders, memoranda, directives, the Department Operational Guidelines o All members are expected to comply with the Oliver Fire Department Use of Alcohol and Drugs Operational Guideline #5.01.01.  Compliance with Laws: o Members shall obey all local, provincial, federal laws, and the laws of any foreign country they visit. o Any member who is arrested or charged with a criminal violation or a serious traffic violation, or learns that he/she is the subject of a criminal investigation must notify the Fire Chief as is required by the Operational Guideline Manual (5.01.15 - Reporting Changes to Driver’s License Status, DUI Arrest and Violations of Law by Member). o A misdemeanor or felony conviction, guilty plea, or finding of guilt shall be assumed to be an admission of a violation of this section. Oliver Volunteer Fire Department Code of Conduct Page 4 of 7 o From an employment perspective, the Department may take appropriate disciplinary actions against its employees regardless of pending criminal actions, charges, or citations. PERFORMANCE Members are also required to maintain competency and fitness sufficient to perform their assigned duties and responsibilities associated with their positons. The inability or unwillingness to meet performance standards may include but are not limited to:  Repeated or consistent lack of knowledge of applicable laws or policies.  Unwillingness or inability to perform assigned tasks.  Failure to meet standards associated with the member’s rank, grade, or position.  Repeated unsatisfactory performance evaluations and/or the inability or unwillingness to improve performance with appropriate remedial training or education.  Failure to maintain or renew required licenses and/or certifications associated with the member’s rank, grade, or position. DISCRIMINATION, THREATS, AND/OR HARASSMENT: The Department has a “zero tolerance” for any form of discrimination, sexual harassment, or threats in the workplace. The member shall not threaten, verbally or physically assault, strike, or harass any member of the Department, Town employee, or member of the public. Members shall not discriminate against nor harass any citizen or member in a protected class, including, but not limited to: on the basis of race, age, national origin, religion, gender, sexual orientation, and/or gender identity. A Department member shall not engage in retaliatory conduct against anyone who reports alleged violations of Departmental policies and procedures, who participates in any investigation of an alleged violation or who report discriminatory practices or participates in an investigation of such practices. INSUBORDINATION: Members may not intentionally engage in conduct, through actions or words, which are disrespectful to, or that otherwise undermines the authority of, a supervisor or the chain of command. The members of the Department shall comply with the chain of command and shall obey any lawful order of a superior person authorized to be in command.  If a member is given an order that conflicts with an existing order, the member shall notify the superior of the latter order. If that order is repeated, it will stand.  They shall not obey any order which they reasonably believe to be immoral, unsafe, or illegal. Oliver Volunteer Fire Department Code of Conduct Page 5 of 7 CONDUCT UNBECOMING: A member shall not engage in conduct that is unbecoming to the member, the Department, the Town of Oliver, or the profession. Conduct unbecoming includes any conduct that would bring the Town, the Department, or any member into disrepute or dishonor; or would disgrace the integrity of the profession; or undermine the public trust, or would be detrimental to the operation and efficiency of the Fire Department. HONESTY: Members shall not intentionally or willfully make any false statement, either verbal or written, or withhold material information associated with the member’s positions, official duties, or the Department’s official business. The members shall not lie, steal, cheat, or make intentionally deceptive statements. ABUSE OF POSITION: Members shall not use their positions as employees of the Department and/or Town of Oliver employees for personal gain for themselves or others to obtain some benefit not available to the general public. This includes, but not limited to: the use of Departmental identification cards, badges, uniforms, insignia, or equipment. Department employees may not use their position with the Department to endorse, advertise, or use in testimonials. CONFIDENTIALTY OF INFORMATION: Employees shall not disclose or disseminate any information, including pictures and/or video, obtained by the Department or pursuant to the employee’s official duties that is confidential and not generally available to the public except as authorized by the Department. The employees will not use their authority to obtain information that would not be obtainable by the public, unless necessary to carry out the official business of the Department and/or the job duties of employees. COURTESY: The members of the Department shall treat members of the public, Town employees, and other Department members with the respect and courtesy expected in a professional manner. No member, in the performance of his or her duties, shall address another individual in a way that can reasonably be interpreted as violent, derogatory, or discriminatory. Oliver Volunteer Fire Department Code of Conduct Page 6 of 7 BREACHES, COMPLAINT HANDLING AND DISCIPLINARY ACTION: Members are encouraged to seek clarification from the Fire Chief or Chief Administrative Officer if they are uncertain as to whether an existing or contemplated action may contravene the Code of Conduct. Failure to comply with the Code of Conduct will be viewed seriously and will be investigated. Breaches of the Code may result in management and/or disciplinary action under the Department Operational Guidelines. All complaints or inquiries will be treated as confidential. Alleged breaches of this Code of Conduct by Members shall be submitted in a written complaint addressed to the Fire Chief and Chief Administrative Officer. In the event that the Fire Chief is the subject of, or is implicated in the complaint, the complaint shall be addressed to the Chief Administrative Officer unless that individual is the subject of, or implicated in the complaint. Possible disciplinary outcomes include management action up to and including termination of employment. It is important to be aware that breaches of the law may also lead to criminal prosecution. Upon receipt of a complaint the Fire Chief and the Chief Administrative Officer shall, if they are not able to resolve the matter informally, within thirty (30) days, appoint an independent third party identified and agreed between the Complainant(s) and Respondent(s) as having the necessary professional skills, knowledge and experience to investigate the complaint (the “Third Party Investigator”). If the parties cannot agree on the choice of investigator, the nominee of the Complainant(s) and the Respondent(s) shall jointly select a suitable Third Party Investigator. Third Party Investigator May conduct a preliminary assessment of the complaint, at the conclusion of which the investigator may determine to continue the investigation or make a written recommendation that the complaint be dismissed as unfounded, beyond jurisdiction or unlikely to succeed;  If the Third Party Investigator determines to continue the complaint, the Third Party Investigator shall:  Conduct an independent and impartial investigation of the complaint in a manner that is fair, timely, confidential and otherwise accords with the principles of due process and natural justice;  Provide an investigation updated within ninety (90) days of his or her appointment to the Chief Administrative Officer and Fire Chief, to the Complainant and the Respondent;  Provide a written, confidential report (the “Report”) of the findings of the investigation, including findings as to whether there has been a breach of this Code Oliver Volunteer Fire Department Code of Conduct Page 7 of 7 of Conduct, to the Chief Administrative Officer and Fire Chief, to the Complainant and the Respondent; and  Provide recommendations in the Report as to the appropriate resolution of the complaint, which recommendations may include: o dismissal of the complaint; or o counselling of a Member; and/or o such other recommendations as are deemed appropriate in the professional judgment of the Third Party Investigator.