HomeMy WebLinkAboutItem 06.iProposed Action
Staff recommends adoption of the following motion: Move to adopt the Lakeville Fire
Department Policy and Procedure Manual as revised.
Overview
The Fire Department completed a review of its policy and procedure manual and presented
proposed changes to the City Council personnel committee on September 2, 2011. The Policy
and Procedure Manual gives guidance on the administrative operation of the Fire Department.
Primary Issues to Consider
Supporting Information
• Lakeville Fire Department Policy and Procedure
0 5
Mike Meyer, Fire Chief
Financial Impact: $ Budgeted: Source:
Related Documents (CIP, ERP, etc.):
Notes:
Lakeville Fire
Department
Policy and
Procedure Manual
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
CHAPTER ONE: INITIAL PROVISIONS
1.1.
MISSION STATEMENT ..................................................... .............................01
1.2.
GLOSSARY ....................................................................... .............................01
1.3.
REQUESTS FOR INTERPRETATION .............................. .............................02
1.4.
SCOPE .............................................................................. .............................03
1.5.
ORGANIZATION ...............::.............................................. .............................03
CHAPTER TWO: PERSONAL CONDUCT
2.1.
REPORTING FOR DUTY .................................................. .............................04
2.1.1 Attendance ............................................... .............................04
2.1.2 Leave of Absence .......................... .............................05
2.1.3 Illness or Injury, Medical Leave.. ...................... .............
05
2.1.4 Military Leave of Absence ............. ...............................
06
2.1.5 Department Vacation. ...............................................
07
2.2.
PERSONAL APPEARANCE., ....................... .... — ................... -.- ................
07
2.21 Hair ......................................................... .............................07
222 Jewelry ..................................................... .............................07
2.2.3 Department Uniform ................................ .............................07
2.2.4 Use of Department Uniforms ................... .............................08
2.2.5 Uniform Care and Maintenance ............... .............................08
2.3
RESIDENCY ..................................................... .............................08
2.4
PUBLIC APPEARANCES AND STATEMENTS ................ .............................08
2.5
VIOLATIONS ................................................................. .............................08
2.6
CONDUCT ................................................................. .............................08
2.7
SEXUAL HARASSMENT POLICY .......................... .............................09
2.8
PERFORMANCE STANDARDS ............................. .............................09
2.9
NEGLECT OF DUTY .... .._ ...................... —.._... ............_...._........._.09
2.10
ILLNESS OR INJURY .......................................... .............................09
2.11.
CONFORMANCE TO LAWS ............................................. .............................09
2.12.
INSUBORDINATION ......................................................... .............................10
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
2.13.
CONFLICTING OR ILLEGAL ORDERS ............................ .............................10
2.14.
REPORTS ................................................................. .............................10
2.15.
ABUSE OF POSITION ...................................................... .............................10
2.16.
COURTESY ................................................................. .............................10
217.
SEEKING OR ACCEPTING GIFTS OR GRATUITIES ..... .............................10
2.18.
ENDORSEMENTS AND REFERRALS ............................. .............................11
2.19.
DISSEMINATION OF INFORMATION., ..... ---- ....... -- ................. ........
11
2.20.
ALCOHOL AND DRUGS ................................................... .............................11
2.21.
DISCIPLINE PROCEDURES ............................................ .............................11
2.21.1 Process.. .........................................................................
---11
2.22.
INVESTIGATION OF MISCONDUCT., ............. ........................................
13
2.221 Procedure ................................................ .............................13
CHAPTER THREE: EQUIPMENT, VEHICLES AND SAFETY
3.1.
EQUIPMENT AND VEHICLE OPERATION ...................... .............................15
3.1.1 Office Staff Vehicle...... ........... -- ...............................
15
3.2.
PERSONAL USE OF FACILITIES AND EQUIPMENT ..... .............................15
3.3.
SEAT BELTS ................................................................. .............................16
3.4.
OTHER SAFETY EQUIPMENT ......................................... .............................16
3.4.1 Personal Protective Equipment ............... .............................16
15.
ACCIDENTS INVOLVING PERSONAL VEHICLES .......... .............................16
3.6
ACCIDENTS INVOLVING DEPARTMENT VEHICLES .... .............................16
3.6.1 Procedure ................................................ .............................16
3.6.2 Investigation ............................................. .............................16
3.7
EMERGENCY OPERATION OF DEPARTMENT VEHICLES .......................17
3. 7.1 Responding to Emergencies..... ................ ...... .................
- 17
3.7.2 Member Responsibility ............................ .............................17
3.8
OPERATION OF VEHICLES ON FROZEN WATERWAYS ...........................17
3.9
INJURED ON DUTY... .... ........... .... - .......... ........... .............................. --
... 17
Bffee6ve Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
CHAPTER FOUR: DEPARTMENT OPERATIONS
41.
TRAINING -------------------------,...~--.18
4.1.1 Supplemental Training— .......................................................
18
4].2 Mandatory Training ....................................... ............
18
41.3 Probationary Firefighter Qualification Program ..................
18
41.4 Request for Training Opportunity ...... — .... —.............
... l8
4.1.5 Documentation of Training '---------. ............
10
4.2.
COMPENSATION ........ ...... . ....... . ..... ........ .............. ..........................
18
43
MEDICAL EXAMINATION ..... .............. . .... .... .. ......... . ............................
19
4.4.
APPOINTMENT OF OFFICERS ........... .............. .......... . ...........................
20
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
The City of Lakeville reserves the right to amend this policy and procedure manual at any
time.
CHAPTER ONE: INITIAL PROVISIONS
1.1. MISSION STATEMENT
The Lakeville Fire Department is dedicated to serving the community through the
protection of lives and property by providing public safety education and professional
emergency response.
1.2. GLOSSARY
For the purposes of this manual, the following terms shall have the meanings given them
in this section, unless expressly stated otherwise.
At Will Firefighters serve at the will of the City Council and notwithstanding anything in
this policy, may be dismissed with or without cause.
Active Duty Without limitation(s) on physical activities.
CCU: City of Lakeville.
Chief Officer: Chief, District Chiefs, and District Chief/Training.
Department Lakeville Fire Department.
Discretion Left to, or regulated by, one's own judgment, taking into account the
individual circumstances of a situation, but with reasons supporting the action taken.
Designee: Includes Chief, District Chief, Captains, or Lieutenants.
Exonerated A fair preponderance of the evidence established either that:
A. The act, or acts, complained of did not occur;
B. The member(s) named in the complaint were not involved in the alleged
misconduct; or
The act(s) that provided the basis for the complaint occurred, but the investigation
revealed that the act(s) were justified, lawful, and proper.
Fire Chief Is responsible for the comprehensive management of the Fire Department.
Fire Department Business Fire ground operations, fire service training, fire education
and /or prevention activities, pick -up and /or delivery of fire vehicles, and all other activities
for which members are compensated by the City of Lakeville.
Line Officer: Captains and Lieutenants
May Permissive, expressing the possibility, or granting, of permission.
Member Shall be classified as probationary firefighters, regular firefighters, or officers.
Not Substantiated: The investigation failed to disclose sufficient evidence to prove or
disprove the allegation(s) made in the complaint.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
On Duty Conducting Fire Department business
Paged Call A incident calling for immediate action or intervention by department
personnel to prevent/reduce loss of life, personal injury, or property damage.
Policy Plan or course of action designed to influence and determine decisions and
actions.
Quarterly: 1 st Qtr Jan, Feb Mar; 2 nd Qtr Apr, May, Jun; 3` Qtr Jul, Aug, Sep; 4 th Qtr Oct,
Nov, Dec.
Residency A person's domicile and principal residence where the person maintains a
household and sleeps most of the time.
Senior Officer Member of a higher rank.
Shall: Mandatory.
Should: Recommended, but not mandatory.
Substantiated A fair preponderance of the evidence obtained in the investigation
established that the accused member's actions constituted misconduct.
Supervisor Senior firefighter in the absence of a line or chief officer.
Vehicle Motorized or non - motorized device in, upon, or by which any person or property
is or may be transported including, but not limited to, automobiles, trucks, busses,
motorcycles, mopeds, ATVs, snowmobiles, bicycles, horses and watercraft.
1.3. REQUESTS FOR INTERPRETATION
The following procedure should be used by all members who want policy clarification or
who anticipate finding themselves in a situation whereby they may be in violation of the
provisions of this manual. First, a verbal interpretation should be sought from the
member's chief officer. Then, if the policy, regulation, or operating guideline remains
unclear, the member should:
A. Prepare a memo to the Fire Chief which includes the following information
1. The specific section needing clarification; and
2. The situation or circumstances surrounding the request; and
B. Submit the original memo to the Fire Chief and a copy of the memo to the
member's Chief Officer.
The Fire Chief shall formulate the appropriate response. An interpretation shall then be
returned to the individual member, with a copy to the member's Chief Officer. A copy of
the response shall be kept on file so as to provide a basis for answering similar
interpretation requests in the future.
Effective Date: l / l/2006
Revision Date: 2/21/12 Approved by: City Council
1.4. SCOPE
All policies, regulations, and operating guidelines contained herein shall apply to every
member of the Fire Department, except those that, by their nature, shall have no
applicability. Benefits set forth in the Lakeville Policy Manual shall apply to full -time and
part -time regular employees. The City's Lakeville Policy Manual shall apply to the extent
it is not inconsistent with this Manual. If there are any inconsistencies between the
Manual and City ordinances, City ordinances shall control.
The policies, regulations and operating guidelines contained herein replace all previous
policies, regulations, and operating guidelines of the Fire Department on matters dealt
with in this manual. Accordingly, all such prior manuals and policy statements are hereby
revoked.
INNS 0 0 0 0 0 0 01de7\,WI -I. eP.I
The department shall consist of a Fire Chief, District Chiefs, Captains, Lieutenants, and
such other officers and members as deemed necessary by the Fire Chief. Members shall
be classified as probationary firefighters, regular firefighters, or officers. The
classification plan shall consist of position descriptions that outline the responsibilities,
duties and qualifications of all positions within the department.
The department shall use only relevant, reasonable and bona fide occupational related
criteria in all aspects of employment.
Effective Date: t/l/2006
Revision Date: 2/21/12 Approved by: City Council
CHAPTER TWO: PERSONAL CONDUCT
2.1. REPORTING FOR DUTY
2.1.1 Attendance
Members shall report for duty at the time and place required by assignment or orders,
and shall be physically and mentally fit to perform their duties. Members shall not leave
the fire station after a call, drill, work detail, standby, or any other paid detail until excused
by the officer or person in charge. All members should "sign out" in advance on the
marker board in their station if they will be out of the City for more than forty -eight (48)
hours.
All active members of the Department shall meet the following attendance requirements,
except as otherwise ordered by the Chief:
A. Firefighters shall be responsible for 30% of their assigned station's calls.
B. Chief Officers shall be responsible for 15% of the total department calls, excludes
Fire Chief.
C. Each member shall receive pay credit for attending calls, which are outside of
their assigned station.
D. When a firefighter is not able to respond on a call at his /her station because they
are assigned to fire department business, for which there is no payment, the
person shall be paid and receive percentage credit for the call which they
missed.
When a firefighter is not able to respond to a call because they are attending a
school, convention, or other function for which they are receiving per diem, or
some other compensation, then they shall receive percentage credit for calls for
their station, but no pay.
Members shall receive credit for attending cancelled calls when they respond to
a fire station within ten (10) minutes of the time of the initial page or at the
officerlsenior ranking members discretion.
G. Members shall contact their station officer(s) with questions regarding their
attendance status and any other concerns. The Lakeville Fire Department
follows the chain of command.
Member's attendance shall be reviewed on a six (6) month basis and is
cumulative for a twenty four (24) month period.
Members who do not meet the minimum attendance requirements shall be
notified by the Fire Chief or his designee.
J. Progressive discipline for attendance that is below standards shall follow Section
2.21
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
2.1.2 Leave of Absence
Unrequested Leave: A firefighter who has not attended a drill or responded to an
emergency alarm for at least thirty (30) days shall be considered as being on
unrequested leave of absence. The Chief shall notify any person by certified mail that
their status as a firefighter will fully terminate if they have not applied to the Chief for
reinstatement within thirty (30) days from the date of the Chief's letter.
Requested Leave: A firefighter, provided the request is made in writing to the Chief and
granted by the Chief, may take a leave of absence for up to six months and extend for an
additional six months. If the person does not return to active status after one year,
Department membership shall be considered terminated, except that the person may
request his or her name be placed on the new firefighter waiting list for an additional
three (3) years.
While on leave, a firefighter will not attend any training sessions with the exception of first
responder classes.
While on leave, the firefighter shall not respond to alarms or paged calls. Attendance
requirements for paged calls and general training shall be suspended while the firefighter
is on leave. When the firefighter returns to duty, call and training requirements will be pro
rated from the return date to the end of the review period.
The Chief may temporarily fill the appointed Officer's position while he /she is on leave.
The Officer on leave shall be reinstated to his /her former office upon returning to active
membership.
Return to Duty: Upon returning from leave, the leave time shall not count as Department
service time. A firefighter who has not responded to an emergency alarm for at least
thirty (30) days, for whatever reason, shall not, upon return to duty, respond to
emergency alarms until permission is granted by the Chief or the Chiefs designee and
until the re- orientation book has been completed if the member has been on leave for
more than three (3) months.
2.13 Illness, Injury and Medical Leave
All firefighters who become medically disabled and cannot, with or without reasonable
accommodation, physically perform the essential functions of the firefighter position may
be granted a medical leave of absence.
A notice of leave shall be made in writing, submitted to the Chief along with the
firefighter's physician's written statement outlining the medical condition and the
estimated date when the firefighter can return to active duty. The change of status form
shall be sent to the Relief Association if the leave is granted. The change of status form,
a copy of doctor's note and approval or denial letter shall be sent to Human Resources to
be placed in the firefighters personnel file.
Medical leaves may be for up to three (3) months in length and may be extended to a
total of three (3) times, in three (3) month increments to a total of one year. Each request
for an extension must be accompanied by an updated physician's statement. The
granting of such leaves shall be at the discretion of the Fire Chief. The City reserves the
right to request additional written physician's statements outlining the medical condition
and the estimated date when the firefighter can return to active duty.
No new firefighter shall be given membership to fill the vacancy of the firefighter on
medical leave.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
While on leave, a firefighter will not attend any training sessions with the exception of first
responder classes.
While on leave, the firefighter shall not respond to alarms or paged calls. Attendance
requirements for paged calls and general training shall be suspended while the firefighter
is on medical leave.
The Chief may temporarily appoint a member to an officer's position that is on medical
leave. The firefighter on medical leave shall be reinstated to his or her former appointed
office upon returning to active membership.
Before returning from leave, a firefighter shall return to the department a form signed by
the firefighter's physician, stating that the firefighter can perform the essential functions of
the firefighter position.
The Department reserves the right to test each firefighter before accepting the firefighter
for active duty. The Department reserves the right to have each firefighter take a
physical examination before accepting the firefighter for active duty.
Return to Duty: Upon returning from leave, the leave time shall not count as Department
service time. A firefighter who has not responded to an emergency alarm for at least
thirty (30) days, for whatever reason, shall not, upon return to duty, respond to
emergency alarms until permission is granted by the Chief or the Chief's designee and
until the re- orientation book has been completed if the member has been on leave for
more than three (3) months.
If a firefighter is still disabled and is unable to return to active duty at the expiration of the
medical leave, the firefighter shall be granted a leave of absence and shall be able to
exercise the right to request a medical retirement during a leave of absence.
2.1.4 Military Leave of Absence
Leaves for 15 days or less:
• Firefighters serving in a military reserve program are entitled to a leave of absence,
without loss of seniority, status, efficiency rating, or other benefits for time spent with
such military reserve program in training or in active service, not to exceed fifteen
(15) days in any calendar year, in the manner provided in Minn. Stat. § 192.26.
• A copy of the military leave orders must be completed and submitted to the Fire Chief
two weeks in advance of the requested leave.
• Upon completion of the leave the firefighter must report to the station Captain.
The reinstatement of rights of any firefighter who entered the military service of the
United States by reason of a law enacted by Congress or who voluntarily enlisted during
the effective period of such law shall be determined in accordance with the provisions of
the law granting such rights. (Ref. Chapter 43, Title 38 of U.S. Code).
Leaves in excess of 15 days:
• Firefighters are required to give the Fire Chief advanced notice (written or verbal) of
the upcoming military service. Exceptions to this requirement would be if the notice
were impossible or unreasonable.
• Firefighters will continue to accrue seniority with respect to employment while
engaged in military service.
• Reemployment rights upon completion of military service. Firefighters must apply for
reemployment following these service guidelines based on calendar days:
o Up to 30 days: firefighters must report to the station Captain on the day after
release (includes time necessary for safe travel home and eight hours of rest).
o From 31 — 180 days: firefighters must apply for reemployment within 14 days
after release.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
More than 181 days: firefighters must apply for reemployment within 90 days
after release.
Failure to return to work or apply for re- employment within the specified time limit does
not necessarily forfeit the individual's re- employment rights, but makes that person
subject to the department's rules concerning unauthorized absence from work.
Firefighters returning from military service must, under most circumstances, be
reemployed in the job that they would have attained had they not been absent for
military service and with the same seniority, status and pay, as well as other rights
and benefits determined by seniority.
Continuation of protections and entitlements involved with the pension benefit plan.
The Chief may temporarily appoint a member to an officer's position that is on military
leave. The firefighter on military leave shall be reinstated to his or her former appointed
office upon returning to active membership. Upon returning from active military duty the
firefighter shall be reinstated as an active member of the Department with no loss of
seniority or loss of Department service time.
This is a brief summary of your rights. Ultimately these rights are controlled under
Federal and State Law.
2.1.5 Department Vacation
A member is allowed to claim up to fourteen (14) days of vacation time a year. The
vacation time is not accruable or transferable and will start at the first of the calendar
year. The vacation request must be submitted seven (7) days prior and can be taken in
two (2) day minimum time increments. Calls that occur during vacation time do not count
against a member's percentage. Members are responsible for meeting training
requirements even if training occurs during vacation time.
2.2. PERSONAL APPEARANCE
Members, while on duty, shall wear protective clothing and /or uniforms in accordance
with established departmental procedures and the provisions of this section. Members
on duty shall maintain a neat, clean, and well - groomed appearance, and shall comply
with the following grooming standards unless exempted by the Fire Chief,
2.2.1 Hair
The bulk or length of the hair shall not interfere with the proper wearing of protective
equipment, including Self Contained Breathing Apparatus (SCBA). The wearing of a
firefighting hood shall not exempt a member from conformance to this policy. No
member on active duty shall wear a beard, excessive side burns, or other facial hair, with
exception of a mustache that does not proceed past the jaw line. No facial hair shall
interfere with proper wearing of an SCBA face piece seal.
2.2.2 Jewelry
No member on Fire Department Business shall wear any jewelry, which extends beyond
the ear lobe, is loose, or protrudes such as bracelets, necklaces and earrings that may
catch on machinery or other equipment. Wearing of facial body piercing is also
prohibited, except ear piercings as noted above.
2.2.3 Department Uniform
Uniforms shall be issued per Department Administrative Guidelines #4.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
2.2.4 Use of Department Uniforms
Jackets, dress shirts, work shirts, sweatshirts, and any other item bearing the Lakeville
Fire Department patch /logo shall not be worn when the activity of the person may cause
the public's confidence in the department, or the public's perception of the department, to
be negatively affected. This applies to uniforms provided by the City and to those
purchased by the individual. All uniforms and items shall be worn in accordance with
D.A.G. #4 Uniforms.
2.2.5 Uniform Care and Maintenance
Members are responsible for the reasonable care and maintenance of uniforms assigned
to them. Members requiring replacement of any City issued uniform shall notify their
station officers.
2.3 RESIDENCY
Members shall reside within a two (2) mile radius of an existing Lakeville Fire Station.
Any member may change their residence, but must maintain the two (2) miles radius of
an existing Lakeville Fire Station and they may be re- assigned to a new station. Any
change of address must be approved by the Fire Chief. Change of address form can be
found on Fire Department G drive under forms \change of address.
2.4 PUBLIC APPEARANCES AND STATEMENTS
Members should obtain prior permission from the Fire Chief before making public
appearances or statements as representatives of the Department in an official capacity.
Members shall not address public gatherings, appear on radio or television, prepare
articles for publication, act as correspondents to newspapers or periodicals, or release or
divulge investigative or other department information while presenting themselves as
holding an official capacity in such matters, without first obtaining permission from the
Fire Chief.
2.5 VIOLATIONS
Members shall not commit any acts or omit any acts that constitute a violation of any of
the rules, regulations, directives, Lakeville Policy Manual, or other orders enforced by the
Department.
2.6 CONDUCT
The rules herein contained are not designed to limit any member in the exercise of their
judgment in taking the action in extraordinary situations that a reasonable person would
take. Situations may arise, from time to time, which cannot be foreseen, and for which no
rule or regulation can be provided. Members shall always act with promptness and
discretion.
Members should recognize that they are serving the City, and that their conduct and
behavior is subject to review by the general public to a greater extent than the conduct
and behavior of others. For this reason, the unwritten social rules of good conduct and
behavior as practiced by all law- abiding and self- respecting citizens should be observed
at all times by all members of this Department.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
Members shall conduct themselves in such a manner as to reflect favorably on the
Department. Unbecoming conduct shall include conduct, which brings the Department
into disrepute, reflects discredit upon the members of the Department, or impairs the
operation or efficiency of the Department.
2.7 SEXUAL HARASSMENT POLICY
All members are subject to the City's Sexual Harassment Policy and shall conform to City
procedure and State law. The policy is available in the Lakeville Policy Manual. Each
station maintains a current copy of this Manual.
2.8 PERFORMANCE STANDARDS
Members shall maintain sufficient competency to properly perform their duties and
assume the responsibilities of their position. Unsatisfactory performance may be
demonstrated by a lack of knowledge of firefighting techniques, an unwillingness or
inability to perform assigned tasks, a failure to conform to work standards established for
the position, or a pattern of absences from fire calls and /or training. In addition to other
indications of unsatisfactory performance, the following shall be considered
unsatisfactory performance: repeated poor evaluations or a written record of repeated
infractions of policies, regulations, operating guidelines, or orders.
2.9 NEGLECT OF DUTY
Members shall not engage in the willful, wanton, or culpably negligent performance of
any act related to the performance of their position, which endangers their safety or the
safety of another.
210 ILLNESS OR INJURY
Members (while on fire department business) shall not feign illness or injury, falsely
report themselves ill or injured, or otherwise deceive or attempt to deceive any official of
the Department as to the condition of their health. When a member's illness or injury
may affect their physical or mental ability to perform firefighter duties, the member shall
notify a supervisor. If, in the judgment of the Fire Chief, a member's physical or mental
condition is affecting their performance, they shall be required to submit to a physical
and /or mental examination by a physician selected by the City of Lakeville. If requested
by the Chief, a member shall present a physician's statement of fitness, including any
restrictions placed upon the member, prior to returning to active duty.
2.11 CONFORMANCE TO LAWS
No member shall commit any crime that would render him or her incapable of
satisfactorily performing the duties of their position, or would impair the safe, efficient, or
effective operation of a department function.
Members shall obey the laws of the United States, the laws of the State of Minnesota,
and the ordinances of the City of Lakeville. The conviction or violation of any criminal law
may be cause for disciplinary action.
It is the responsibility of each member to notify the Department of any violation or
conviction of criminal law and /or revocation of member's driver's license. Failure to notify
the Department may result in disciplinary action, including immediate termination.
The Department reserves the right to run annual driver license and criminal record
checks.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
2.12 INSUBORDINATION
Members shall promptly obey all lawful orders of a superior officer, including orders
relayed from a superior officer by a member of the same or lesser rank.
2.13 CONFLICTING OR ILLEGAL ORDERS
Members, who are given an otherwise proper order, which is in conflict with a previous
policy, regulation, operating guideline, or order, shall respectfully inform the superior
officer issuing the order of the conflict. If the superior officer issuing the order does not
alter or retract the conflicting order, the order shall stand. Under these circumstances,
the responsibility for the order shall be upon the superior officer, and the superior officer
shall document the conflicting order in a report to the Fire Chief. Members shall obey the
conflicting order and shall not be held responsible for disobedience of the order
previously issued. Members shall not obey any order that they reasonably believe would
require them to commit an illegal act. If in doubt as to the legality of the order, members
shall request that the officer clarifies the order or confers with their superior officer at the
first reasonable opportunity.
2.14 REPORTS
Members shall submit all necessary reports on time and in accordance with established
Department procedures. Reports shall be truthful and complete. No member shall
knowingly enter, or cause to be entered, any inaccurate, false, or improper information.
2.15 ABUSE OF POSITION
Members shall not use their official positions, official identification cards, or badges: (1)
for personal or financial gain; (2) for obtaining privileges not otherwise available, except
in the performance of duty; or (3) for avoiding the consequences of illegal acts. Members
shall not lend their identification cards or badges to others, or permit their identification
cards or badges to be photographed or reproduced without the approval of the Fire Chief.
Members shall not permit or authorize the use of their names, photographs, or official
titles that identify them as members in connection with testimonials or advertisements for
any commodity or commercial enterprise without prior approval of the Fire Chief.
2.16 COURTESY
Members shall be professional in the performance of their duties. Such professionalism
includes, but is not limited to, being courteous, being tactful, controlling one's temper, and
exercising the utmost patience and discretion, even in the face of extreme provocation.
In the performance of their duties, members shall not use coarse, violent, profane, or
insolent language or gestures, and shall not express any prejudice concerning race,
color, creed, religion, sex, national origin, marital status, sexual orientation, status with
regard to public assistance, age or disability.
2.17 SEEKING OR ACCEPTING GIFTS OR GRATUITY
Members shall not solicit or accept from any person, business, or organization any gift for
the benefit of the Department or the City without the prior written permission of the City
Administrator.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
2.18 ENDORSEMENTS AND REFERRALS
Members shall not recommend or suggest in any manner, except in the transaction of
personal business, the employment or procurement of a particular product or service.
2.19 DISSEMINATION OF INFORMATION
Members shall treat the official business of the Department as private or nonpublic.
Information regarding investigations and official business shall be disseminated only to
those for whom it is intended, and only in accordance with established department
procedures. Members may remove or copy official records or reports from a department
installation only as necessary to further investigations. Members shall not divulge the
identity of persons giving confidential information unless authorized to do so by a superior
officer. Members shall not later, destroy or remove any department record, report, or
document for any reason without prior authorization from the Fire Chief. Items in
personnel file shall never be removed.
2.20 ALCOHOL AND DRUGS
No member shall use any controlled substance, except those prescribed for them by their
physician or dentist.
All members are subject to the City's Drug and Alcohol Policy Drug and alcohol testing
shall conform to City procedure and State law.
2.21 DISCIPLINE PROCEDURES
The purpose of the discipline procedures and policy is to correct inappropriate behavior,
however, it is recognized that there may be situations; where the Fire Chief, or designee,
find it necessary to impose disciplinary actions over and above the process or steps. The
Chief, or designee, will determine disciplinary actions. A firefighter may be removed or
suspended from duty until the proper level of discipline has been determined.
The following is deemed as appropriate forms of discipline; however, the level and order
of the discipline shall be at the discretion of the Fire Chief, or designee, based on the
nature and the severity of the infraction.
1. Verbal Warning accompanied by a written memo to the file
2. Written Warning
3. Suspension
4. Dismissal
2.21.1 Process
The following are deemed appropriate forms of discipline with examples of inappropriate
actions which shall be cause for action. However, these are only examples and are not
intended to be all inclusive. The level of discipline and cause for discipline shall be based
on the severity of the infraction as determined by the Fire Chief, or designee.
Step 1 - Verbal Warning — Offenses may include, but are not limited to:
Drill attendance or call percentage below minimum requirements (note: not meeting
requirements for drill attendance or call percentages are stand alone offenses, for
example, not meeting both requirements in one evaluation period would constitute
2 offenses, the resulting discipline would go to Step 2, Written Warning)
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
2. Depending on the severity of the infraction: violations of safety rules, policies, or
guideline.
3. Other incidents requiring corrective action as deemed appropriate by the Fire Chief
or designee.
The member shall be informed that they are receiving a verbal warning, the reasons for
the warning, and the corrective action to be taken by the member. The verbal warning
shall be documented with a copy provided to the member and a copy placed in the
members personnel file.
Step 2 - Written Warning - Offenses may include, but limited to:
1. Drill attendance or call percentage below minimum requirements- second offense -
if during the previous 24 months there has been a below minimum attendance or
call percentage period that resulted in a Verbal Warning.
2. Depending on the severity of the infraction: violations of safety rules, policies, or
guideline.
3. Other incidents requiring corrective action as deemed appropriate by the Fire Chief
or designee.
A written warning shall be entitled "Written Warning ". The warning shall contain the
reasons for the warning and the corrective action to be taken by the member. The written
warning shall be signed by the Fire Chief and the member. A copy shall be provided to
the member and a copy placed in the members personnel file.
Step 3 - 32 Day Suspension - Offense may include, but not limited to:
1. Drill attendance or call percentage below minimum requirements- third offense - if
during the previous 24 months there has been a below minimum attendance or call
percentage period that resulted in a written warning.
2. Depending on the severity of the infraction: violations of safety rules, policies, or
guideline
3. Other incidents requiring corrective action as deemed appropriate by the Fire Chief
or designee.
The written notice of suspension shall include the reasons for the suspension and the
corrective action to be taken by the member upon return to the fire department. During
your suspension, you will not be permitted access to any fire station or participation in
any fire department activities. The suspension shall be signed by the Fire Chief and the
member. A copy shall be provided to the member, a copy shall be placed in the
member's personnel file and a notification of lost time given to the Relief Association.
The member will not continue to accrue service time on the Lakeville Fire Department.
Step 4 — Dismissal - Offenses may include, but are not limited to:
1. Drill attendance or call percentage below minimum requirements- fourth offense - if
during the previous 24 months there has been a below minimum attendance or call
percentage period that resulted in a 32 Day Suspension.
2. Depending on the severity of the infraction: violations of safety rules, policies, or
guideline
3. Other incidents requiring corrective action as deemed appropriate by the Fire Chief
or designee.
The written notice of dismissal shall include the reason for the dismissal. The dismissal
shall be signed by the Fire Chief and member. A copy shall be provided to the member, a
copy shall be placed in the member's personnel file and a notification of lost time given to
the Relief Association.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
NOTE: Upon the completion of 24 consecutive months of above 30% call percentage
AND meeting the training attendance requirements, progressive discipline will be
dropped as it relates to attendance and call percentage. Both training attendance
requirements and call percentages must be met for the entire 24 month period.
NOTE: Probationary firefighters who fall below the required drill attendance and call
percentage requirements shall proceed through the disciplinary steps as follows: 1"
violation — Written warning; 2 " violation — Dismissal.
NOTE: Firefighters serve at the will of the City Council and notwithstanding anything in
this policy, may be dismissed with or without cause.
222 INVESTIGATION OF MISCONDUCT
In order to ensure the integrity of the Department, it is necessary to completely and
thoroughly investigate all reports and accusations of misconduct from all sources. The
purpose of this section is to regulate the processing of complaints against the Lakeville
Fire Department or any of its members.
It is the policy of the Lakeville Fire Department that all allegations of member misconduct
or criticism of Department services, whether initiated by citizens, members, or any other
source, be thoroughly investigated and promptly adjudicated.
2.22.1 Procedure
The Chief shall receive all complaints, unless the complaint is against the Chief, in which
case the City Administrator or Human Resources Manager shall be responsible for the
investigation.
A. Complaints shall be accepted in writing, in person, or by telephone.
B. Complete and accurate information regarding the complainant and the
allegation(s) should be obtained.
C. The Fire Chief shall be responsible for the maintenance of complaint
investigation files. The Fire Chief may appoint an investigator to conduct the
investigation.
D. The investigator shall, as soon as possible, inform the complainant by letter of
the status of the complaint'
E. The investigator shall thoroughly investigate all allegations contained in the
complaint and any other potential misconduct discovered in the course of the
investigation. If the investigation uncovers potential misconduct by another
member, the investigator shall initiate a complaint against that member.
F. All members, including the accused member, shall cooperate with the
investigation.
G. The investigator shall complete a report that contains an itemized summary of
the allegation(s), a chronological summary of the investigation, and a conclusion
as to whether any misconduct occurred.
H. The investigation shall be concluded within thirty (30) days after the filing of the
complaint, unless an extension is granted by the Fire Chief for good cause.
I. Review and Disposition
1. Upon the completion of the investigation, the investigator shall submit
their report to the Fire Chief, If the Fire Chief determines that the
investigation was adequate, the Fire Chief shall make one of the
following dispositions: Exonerated, Not Substantiated, or Substantiated.
2. The Fire Chief may withhold issuing a disposition until any related
criminal charges against the accused member or the complainant are
resolved.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
3. If the complaint is either Exonerated or Not Substantiated, the Fire Chief
shall immediately notify the accused member and the complainant of the
disposition.
4. If the complaint is substantiated, the Fire Chief shall take appropriate
disciplinary action. Such action shall be based on the investigative
report and the accused member's record of service, and shall be in
conformance with any policy, regulation, or guideline relating to the
discipline of members. The disciplinary action may include counseling,
remedial education, an oral reprimand, a written reprimand, suspension,
demotion or discharge.
J. Appeal,
Step One
The accused member may, within ten (10) days after notification of the
disposition, request that the Fire Chief, for good cause, reopen the
investigation or reconsider the disposition. The disposition shall be final
upon expiration of the ten (10) day period if there is no such request.
Within five (5) days of receiving a request to reopen the investigation or
reconsider the disposition, the Fire Chief shall meet with the member to
discuss their request. Within ten (10) days of such meeting, the Fire
Chief shall notify the member, in writing of the disposition of their
request.
2. Step Two and Three
The accused member may, within ten (10) days after notification of the
disposition by the Fire Chief, appeal the Fire Chief's decision to the City
Administrator. The City Administrator's decision shall be final subject to
the right to appeal to the City Council. An appeal to the City Council may
be filed within ten (10) days of the City Administrator's decision.
The time limits specified herein may be extended by mutual written
agreement.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
...........
CHAPTER THREE: EQUIPMENT, VEHICLES AND SAFETY
3.1 EQUIPMENT AND VEHICLE OPERATION
Members shall utilize City equipment only for its intended purpose in accordance with
established Department procedures and shall not abuse, damage, or tamper with such
equipment. All equipment issued to members shall be maintained in proper order and
shall be available for inspection upon request. Members shall be accountable for the loss
of or damage to, such equipment and shall immediately report its loss, damage, or
unserviceable condition to a supervisor. Every member, upon resigning from the
Department, shall promptly surrender all Department property in their possession to the
Captain of their assigned station.
Members shall operate department vehicles in a careful and prudent manner. Members
shall obey all state laws and department policies pertaining to such operation, and shall
set a proper example for others. Members shall immediately report the loss or
suspension of their driver's license.
3.1.1 Officer Staff Vehicle Use
Due to the nature of the Lakeville Fire Departments mission, it is necessary for certain
positions to have take -home vehicles for emergency response. The purpose of take
home vehicles is to allow for the quick response of key emergency personnel to an
emergency scene.
Staff assigned a take home vehicle will follow all city and fire department policies while
using the city vehicle and shall not take the vehicle to locations that would violate policy
or otherwise be considered inappropriate. Staff members that are responsible for
emergency call coverage may use the city vehicle while in the city limits, but must be able
to respond to emergency calls while using the city vehicle.
Take home vehicles shall be kept in a clean, well maintained condition. The Chief has the
authority to suspend any take home vehicle usage.
Officers who are out of town for more than 3 days may have their vehicle reassigned
temporarily to another officer.
3.2 PERSONAL USE OF FACILITIES AND EQUIPMENT
Members may use station facilities to perform minor maintenance (i.e., washing, waxing,
oil changes, tune -ups, and parts replacement) on their personal vehicles. City supplies
shall not be used for maintenance of personal vehicles. All waste oil, parts, and refuse
shall be removed from the facility upon completion of the maintenance activity. Members
shall not bring more than one personal vehicle into a station unless no others are waiting
to use the facility. Members shall leave keys in the ignition of all vehicles left unattended
inside stations. Members shall obtain approval from the Station Captain prior to leaving
any vehicle unattended inside a station.
Members shall not remove any equipment from a station for personal use without prior
approval from the Station Captain. Members shall not remove any equipment from first
line apparatus for personal use outside the station. Members shall be available to
respond to paged calls during this time.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
3.3 SEAT BELTS
All persons shall use the seat belt restraining system while operating, or riding as a
passenger, in a department vehicle while the vehicle is in motion, except where
specifically exempted.
3.4 OTHER SAFETY EQUIPMENT
3.4.1 Personal Protective Equipment
Every member shall wear and use department issued personal protective equipment,
including helmet with face shield, firefighting hood, turnout pants and coat, boots, gloves,
when engaged in emergency operations or training which simulates emergency
operations. Every member shall, upon resigning or retiring from the Department,
promptly surrender all Department property in their possession to the Captain of their
assigned station.
3.5 ACCIDENTS INVOLVING PERSONAL VEHICLES
When a member is involved in an accident while responding to a fire scene in their
personal vehicle, they shall immediately notify a supervisor. That officer shall notify the
Fire Chief as soon as possible, and shall submit a City of Lakeville Report of Accident to
the Fire Chief within twenty -four (24) hours of the accident.
3.6 ACCIDENTS INVOLVING DEPARTMENT VEHICLES
3.6.1 Procedure
A. When a member is involved in an accident while operating a department vehicle,
the member or officer shall immediately notify the appropriate Police Department
and render assistance to victims as necessary.
B. They shall immediately notify a supervisor. That supervisor shall notify the Fire
Chief as soon as possible.
C. Members shall not move the vehicle(s) from the point of impact unless it is
necessary to do so for the protection of life.
Members shall, if appropriate, complete the following report, City of Lakeville
Vehicular Accident Report
D. Members injured in an accident shall be treated at the nearest appropriate
medical facility. Members suffering major fractures or severe head, neck, or
back injuries shall be transported by ambulance. Members suffering less serious
injuries may, at the discretion of a supervisor, be transported in a department
vehicle.
E. A supervisor shall make arrangements for the member's transportation from the
medical facility after treatment.
F. A supervisor shall complete all necessary reports if the injured member is
physically unable to do so.
3.6.2 Investigation
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
A Chief Officer shall coordinate a complete and accurate investigation of the accident
including photographs if deemed necessary.
3.7 EMERGENCY OPERATIONS OF DEPARTMENT VEHICLES
3.7.1 Responding to Emergencies
Upon activating the emergency lights and siren, the member operating an emergency
vehicle may, when responding to an emergency call:
A Proceed cautiously past a red light or stop sign, after slowing as necessary for
safety; and
B. Enter against the run of traffic on a one -way street, or on a highway where there
is an authorized division of traffic, in order to facilitate travel to the area of the
reported emergency.
C. Vehicles will only be operated against the flow of traffic on freeways with the prior
approval of a supervisor.
3.7.2 Member Responsibility
Nothing in this section shall be construed to relieve members of the responsibility to
operate department vehicles with due regard for the rights and safety of others at all
times.
18 OPERATION OF VEHICLES ON FROZEN WATERWAYS
Members shall not operate department vehicles other than watercraft or snowmobiles on
frozen waterways.
3.9 INJURED ON DUTY
Members shall immediately report any injury sustained while conducting fire department
business to the officer or senior firefighter in charge of the operation. That officer or
senior firefighter shall notify the Fire Chief as soon as possible, and shall submit a First
Report of Injury within twenty -four (24) hours of the injury.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
CHAPTER FOUR: DEPARTMENT OPERATIONS
4.1. TRAINING
Initial recruit training and continuing training and education of active firefighters are a vital
function of the modern fire service. All members are encouraged to continually up -grade
their professional skills and pursue additional educational opportunities to enhance their
fire service capabilities. Members are encouraged to consult with their station officers
and Chief Officers for recommended training opportunities.
The Lakeville Fire Department supports a strong and effective fire service training and
education program.
All members shall attend a minimum of eight (8) in -house training sessions or 70% per
six -month review period.
Members who fail to meet and /or maintain the minimum training requirements for their
position shall be subject to disciplinary proceedings as outlined in Chapter 2.21,
Discipline Procedures.
Member training requirements shall be reviewed on a six -month basis Review periods
will be from January through June and July through December. The Fire Chief may take
into account extenuating circumstances that affect a member's ability to meet and /or
maintain minimum training requirements.
4.1.1 Supplemental Department Training
Supplemental Department Training shall be in addition to regularly scheduled Training.
Supplemental Department Training includes orientation training for new members. The
Chief may call for Supplemental Department Training sessions with at least (5) days
advance notice. Training session attendance credit may be given for those firefighters
attending Supplemental Department Training.
4.1.2 Mandatory Department Training
The District Chief - Training shall determine mandatory trainings every year when
approved by the Fire Chief.
All firefighters and engineers will attend a minimum of twelve (12) hours of continuing
education classes every three (3) years subject to available City funding.
All fire officers will attend a minimum of twenty -four (24) hours of continuing education
classes every two (2) years subject to available City funding.
4.1 .3 Probationary Firefighter Qualification Program
All members shall successfully complete a probationary firefighter qualification program
prior to assuming duties as an active probationary member. All new members shall be
supervised by an officer or senior firefighter during the qualification program.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
4.1 .4 Request for Training Opportunity
All members will be required to complete a Lakeville Fire Department Training Request
Form to be eligible for consideration for outside training opportunities. Completed forms
must be submitted prior to the school registration deadlines to the District Chief — Training,
who will approve or deny request within 48 hours.
4.1.5 Documentation of Training
The following department forms are used to document training activities:
• Lakeville Fire Department Training Request Form
• Lakeville Fire Department Training Roster Signature Form
The following documentation must be completed and submitted to properly document
department training activities:
A. Individual Traininq — Members attending outside training will be required to
complete and submit the following documentation to receive training credit:
1. Lakeville Fire Department Training Roster Signature Form
2. City of Lakeville Travel Reimbursement Form (with original receipts)
3. Certificate(s) of Completion for courses attended
B. Station Training — Station officers are responsible for ensuring the completion
and submission of the following training documentation for regular training
sessions:
Lakeville Fire Department Training Roster Signature Form
Training credit will not be granted and recorded until all required documentation is
completed, submitted, and recorded.
4.2 COMPENSATION
The compensation plan shall be periodically approved by resolution of the City Council.
The plan shall establish rates of compensation and salary adjustments for position
classifications within the department. Probationary firefighters shall be compensated at
50% of the approved rate. Upon successful completion of their two (2) year probationary
period they shall be compensated the remaining 50 %. Compensation shall be paid at the
rate in effect when earned, not the rate in effect when paid. Any firefighter who fails to
complete or terminates their membership before the two -year period is not eligible for the
50% payment.
4.3 MEDICAL EXAMINATION
All active members shall have a medical examination to determine continued fitness for
duty every other year. The examination shall be accordance with NFPA 1582 and
OSHA CFR 1910.134. The City shall provide and pay for the examination.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council
4.4 APPOINTMENT OF OFFICERS
The Fire Chief shall be appointed by the City Council.
The following positions will be filled through an appointment selection process, which will
consist of a job posting and interviews with a panel.
1. District Chief (2), District Chief/Training, Captain (4), Lieutenant (4), On Call
Host, Engineer (4).
The Chief will appoint all Officer and engineer positions for 4 -year terms.
The Chief will form a hiring committee that will consist of:
District Chief Position: Fire Chief and 2 District Chiefs,
Station Captain: Fire Chief, District of Training, and District Chief for that station.
Station Lieutenant: District Chief of Training, District Chief of that station, and Station
Captain.
Engineer: Station Captain and Lieutenant.
On Call Host: Fire Chief
All open positions will be posted internally for a minimum of 10 calendar days. The
complete job description will accompany the job posting. Postings will be placed at each
fire station.
The hiring committee will review the resume and letters of interest and verify that the
minimum requirements specified have been met.
The Fire Chief or his delegated designee will contact the candidates and inform them of
their status. The committee will interview qualified candidates.
Once the selection decision has been made the final candidate will be notified and the
other candidates will be informed of the decision.
The appointment date will be determined by the Chief based on the needs of the
department. All appointments require the successful candidate to complete a six -month
probationary period.
The Chief may appoint a member to fill the remaining term of a vacated officer or
engineer position.
Effective Date: 1/1/2006
Revision Date: 2/21/12 Approved by: City Council