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Written Directives, EDPP and Customer Service. Officer Development School 2013. Legal Stuff . SOPs FD Rules FD Administrative Directives City Administrative Policies Civil Service Rules Henderson Municipal Code Nevada Revised Statutes NRS 288 Labor Agreement. Captain’s Role.
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Written Directives, EDPP and Customer Service Officer Development School 2013
Legal Stuff • SOPs • FD Rules • FD Administrative Directives • City Administrative Policies • Civil Service Rules • Henderson Municipal Code • Nevada Revised Statutes • NRS 288 • Labor Agreement
Captain’s Role • Job Description: Enforce sops and rules. • Rule #1: “All members shall follow the sop manuals and written directives of both the HFD and the City.” • Rule: All members shall obey the law.
SOPs • Guidelines to help you operate effectively. • Procedures required by law (OSHA). • Procedures required by CAAS and CFAI. • If you deviate, be able to justify with sound business reasons. • Change model- WPOC
HFD Rules • Extension of the Labor Agreement (Art. 23) • Change model- Union leadership and Fire Admin. • Deviate only with permission of BC.
Administrative Directive • Issued by the Fire Chief. • Policy must be implemented immediately. • Cannot wait for FD change process (WPOC). • To be revisited during next WPOC meeting.
Admin Policies • City wide, apply to all employees. • Change model- City may change at any time. • What about conflicts with Contract or FD rules? Ex. Drug Policy.
Civil Service Rules • Henderson Municipal Code. • Civil Service Board. • Ratified by Council. • Originated prior to NRS 288. • Contract supersedes- any matter touched upon….. • Why Civil Service?
Labor Agreement • Supercedes other written directives. • Contains rules of conduct, for example: sick leave use, abuse. • How to handle employee challenges based upon contract? • Work now, grieve later. • Insubordination can cause serious problems for an employee, even when he/she is correct about a conflict.
Conflicting Directives • City Admin policy on OT vs Labor Agreement OT article. • Civil Service Rules on discipline vs. EDPP. • Civil Service Rule on Nepotism vs. City Admin policy on Nepotism. • HFD drug policy vs. City Admin policy. • Labor Agreement rules (unless illegal). • Captain- when in doubt, ask (chain of command).
Nevada Revised Statutes • Must obey the law- on and off duty. • Candy bar issue- Supreme Court ruling. • Even if not prosecuted. • Do not engage in illegal activity off duty. • “Double” do not engage in illegal activity on duty.
Do • Know the City written directives. • Know the Department’s written directives. • Ensure that employees adhere to them. • Treat all employees equally. • Lead by example. • Take ownership- make it important in your station because it is important to you.
Don’t • Rely on ignorance of written directives. • Pretend you don’t know they are being violated. • Pick and choose which employees have to follow them. • Pick and choose which directive to follow. • Conspire to hide inappropriate activities. • Forget- if you are aware, you are either part of the fix or part of the problem.
Consensus Process • Fire Admin, HR, Fire Union (1999). • Dozen meetings. • Copied from LVFD program. • Ratified by Union membership. • Part of contract. • Changes to be negotiated. • Revised 2003
Summarize Written Documents Any Questions?
EDPP • Why do we have it? • “Just cause” language • 7 tests • Books and books of case law. • Ambiguous • How do you handle various, unrelated problems from one employee? • 15 minutes late today. • Vehicle accident next week. • Lost equipment next month.
2 Ways to Handle Problems • Informal Process • Formal Process
Informal • Coaching • Training • Remove obstacles • Provide Feedback • Arrange for consequences • Counseling Session • documented • 6 month life span
Formal • Step 1 • Written notice. Life span of 6 months. • Step 2 • Written notice up to 1/2 shift w/o pay. 9 months. • Step 3 • Suspension, half shift to one work week. 12 months. • Step 4 • Decision making leave. One shift with pay. 12 months.
Problems • 3 Categories • Conduct • Attendance • Performance
Conduct • Insubordination • Substance abuse • Fighting • Threatening • Dishonesty • Theft • Misconduct
Attendance • Tardiness • Absenteeism • Abandonment
Performance • Appearance • Safety • Performance of Duties
Complex Problems • An employee’s behavior may demonstrate problems in more than one category. • Ex. Tardy employee who threatens supervisor when confronted. • Ex. Employee who lies to cover up a problem. • Can receive discipline in more than one category.
Supervisor’s job • First step……always get the facts. Called “information gathering.” • Make a decision: Use informal or formal process? • What about official reports? • Can help avoid “he said, she said.” • Remember: Facts, facts, facts.
If Formal • Investigative Interview • Use the decision making process (algorithm). • Administrative Hearing, if above Step 2. • Documentation
Investigative Interview • Formal meeting • Conducted by Captain and BC (usually). • Notify employee of date, time, location. • Ensure employee has time to secure a union rep. • Agenda/outline • Problem is identified, facts discussed.
Interview cont. • Employee afforded the opportunity to provide an explanation. • Can provide written follow-up within 48 hours. • Feedback- communicate results ASAP. Follow up with discipline meeting
Decision • Use algorithm • How serious is the offense? • What is the impact of the offense on the FD? • Algorithm- points to an appropriate range of disciplinary actions.
Algorithm • Considers 3 Factors • Safety (see questions) • Honesty (see questions) • Was there a negative impact on FD operations?
Severity • Minor or Major? • Minor • not severe, temporary in nature, does not result in undue cost or liability to the FD or City. • Major • severe, long-lasting, or results in undue costs or liability.
Which Action? • Always use the lowest action necessary to change behavior. • Some actions are so severe or immediate in nature that progressive discipline is not possible. Ex. Do not have to a step 1 before a step 2. • Candy bar?
Matrix • Xs in a box. • Side: Counseling, Step 1, Step 2, Step 3, Step 4 • Heading: Conduct, Attendance, Performance.
Rules • #1 Active life span. • #2 Life spans are subject to linking. • Ex. 3 months into a Step 1, a Step 2 occurs. Both remain “active” now for 9 months. Times are not added. • #3 Total number of active actions in any given step is limited.
Rule #3 • Counseling- one per category. • Step 1- no more than 2 total. • Step 2- no more than 2 total. • Step 3- no more than 2 total. • Step 4- no more than 1 total.
Goals • Prevent repetitive disciplinary actions (fix the problem). • Handle each behavior on its own merits. • Focus on behaviors, not personalities. • Consider the employee’s overall job performance. • Administer discipline fairly and equally.
Administrative Hearing • Required if discipline will involve greater than a step 2. • Formal. Employee and union notified in writing. 7 day notice. • Conducted by Fire Chief or designee. • Employee may respond verbally or in writing to charges. • Decision within 15 days.
Discipline • Handed out in a formal meeting. • Documented on form. • Counseling- supervisor for 6 months. • Steps 1-4 with BC and in HR file for active life span. • Can be removed from HR file upon written notice to HR Director. • Active dates included.
Termination • Not considered a discipline step. • Consequence of a one time serious event or from an employee’s continued failure to accept responsibility for eliminating problems or failure to meet management expectation. • In cases where serious discipline is indicated by termination may not be warranted, demotion may be considered.
Criminal Stuff • Garrity Rights- prohibits the use of statements gathered during an investigation in subsequent criminal proceedings. • All matters criminal in nature and matters related to harassment (sexual, racial, violence, etc) shall be referred to the Fire Chief and forwarded to the Director of HR.
Union Representation • Employee’s option to have present during interviews and meetings. • Not required for informal meetings (coaching and counseling). • Formal discipline is grievable per Union Contract. Coaching/counseling not.
Cadets/Rookies • State law and the Union Contract provide for a 12 to 15 month probation period. • By the end of probation a decision will be made to “confirm” or “non-confirm” your continued full time employment. • This is not termination, not discipline, and not grievable.
BCs Role • Ensure EDPP is administered fairly and equitably. • Similar discipline for similar offenses. • Ensures process is followed. • Coordinates with Deputy Chief on matters that will require an Admin Hearing.
Captain’s Role • Get the facts. • Informal- train, coach, counsel. • Know when an issue may warrant formal process, know how to initiate ( contact BC). • Create an environment of trust, respect, and professionalism. • Have high expectations (raise the bar). LEAD BY EXAMPLE. • Focus on behaviors, good and bad. • Ensure EDPP is administered fairly and equitably.
Do’s and Dont’s • Expectations: follow the rules. • Treat people with kindness and respect. • Don’t trash talk others. • Lead by example. • Don’t be inconsistent. • Personalize, from day 1. • Do what is right.
More: • Don’t let problems build up. • No Retro discipline. • Look people in the eye, tell them. • Don’t harass or allow harassment.
Conclusion Any Questions?