[HISTORY: Adopted by the Town Council of the Town of Plainville 6-3-2013. Amendments
noted where applicable.]
There shall be a Division of Fire Suppression also known as
the "Plainville Fire Department" comprised of a Chief, a Deputy Chief,
a First Assistant Chief and a Second Assistant Chief.
A.
The Town of Plainville (hereinafter referred to as "Town") shall
enter into an agreement with the Plainville Fire Company, Incorporated
(hereinafter referred to as "Company"), for the protection of the
Town from fire with such conditions as to financial assistance and
the observance of such ordinances, rules and regulations as the Town
Council shall prescribe.
B.
The Company shall consist of call members, which include Department
officers, Company officers, Fire Police and support staff appointed
by the Town Council.
C.
Company line officers shall consist of such officers as may be determined
by the Company through its bylaws, not inconsistent with this chapter
and the rules and regulations of the Department, and shall be approved
by the Town Council.
D.
The Company shall not leave town with Fire Department apparatus except
by permission of the Director of Safety. Such requests shall be submitted
to the Director of Safety by the Fire Chief.
E.
The Company may make bylaws not inconsistent with the rules and regulations
of the Department and Town ordinances.
F.
The Company shall be paid a stipend for members' attendance at alarms
and emergencies from the time of the alarm (or such time as the member
arrives at the fire if later) until the member is excused or until
roll is called.
A.
An applicant for membership in the Department and Company must fulfill
the following minimum requirements:
(1)
Applicant shall have attained the age of 18 years or the statutory
age of majority, whichever may be higher.
(2)
Applicant shall be a resident of the Town of Plainville or, if a
resident of a neighboring town, live within three driving miles of
the Town of Plainville Fire Station. The Town Council will consider
extensions of this distance, not to exceed five driving miles, upon
recommendation of the Fire Chief. Applicants who are not residents
of Plainville and do not meet the mileage requirement are eligible
so long as they work full time in Town and have written verification
from their employer that it is acceptable for them to answer fire
calls during work hours.
(3)
Applicant shall be of good moral character.
(4)
Applicant shall submit to all physical exams and medical tests, as
required by the Director of Safety, by a physician appointed by the
Town licensed to practice the healing arts by the State of Connecticut,
attesting to the physical fitness for service with the Department
and Company, prior to becoming a member. The applicant shall also
execute a release of medical records directed to any physician if
requested by the Director of Safety.
(5)
Applicant must successfully complete all training courses for basic
firefighting as established by the Fire Chief of the Department and
Company bylaws. The training courses shall be completed within two
years of the applicant's appointment as a probationary firefighter
by the Town Council. Applicants with verified prior firefighting experience
which in the judgment of the Fire Chief of the Department is of equivalent
standing may be granted a waiver of this requirement.
A.
Each member of the Department and Company shall be required to submit
to the Director of Safety a certificate from a physician licensed
to practice the healing arts by the State of Connecticut attesting
to the member's physical fitness for continued service with the Department
after any hospital confinement, bone fracture or burns. The member
shall also execute a release of medical records directed to any physician
if requested by the Director of Safety. The member shall not return
to Fire Department duties until cleared by the Town's medical advisor.
B.
The Fire Chief may suspend a member of the Department and Company
when he/she has substantial evidence of physical or mental impairment
which may affect the member's ability to perform the duties and responsibilities
of a firefighter.
C.
The Director of Safety, at the Town's expense, may require a member
of the Department and Company to submit to physical exams and medical
tests by a physician licensed to practice the healing arts by the
State of Connecticut or by a person qualified to administer such tests
when the Director of Safety has significant evidence of physical or
mental impairment which may affect the member's ability to perform
the duties and responsibilities of a firefighter. Such exams or tests
are to determine the member's physical and mental fitness for continued
service with the Department and Company. The member shall execute
a release of medical records directed to any physician who treated
the member if requested by the Director of Safety. Should the member
refuse to be examined or tested as directed by the Director of Safety,
the member shall be immediately suspended from the Department and
Company.
D.
A member shall execute a letter of understanding at the time of his/her
appointment acknowledging that he/she understands that an unsatisfactory
physical and/or medical examination makes him/her ineligible for service
and he/she has no right to a hearing before the Town Council pursuant
to the Town Charter provision relating to removal of appointees of
the Town.
E.
All members and officers shall attend all special training sessions
that, in the opinion of the Fire Chief and Director of Safety, are
deemed appropriate and necessary for the continued safe operation
of the Department. Any member or officer who fails to attend those
sessions as directed by the Fire Chief may be subject to disciplinary
action by the Fire Chief.
F.
Members shall be required periodically to complete refresher training
in basic firefighting skills.
(1)
Such training shall be made available through the Department and
the content of said training program shall be determined by the Fire
Chief of the Department or his/her designee.
(2)
Each component of such refresher training program shall be offered
by the Department no less than twice each year.
(3)
A tentative schedule for such training shall be posted no later than
the first Monday in February of each year.
(4)
Each member shall complete all components of the refresher training
as required.
(5)
Determination of successful completion of the refresher training
shall be made by the Fire Chief of the Department or his/her designee.
(6)
Failure to complete said refresher training may result in suspension
by the Fire Chief of the Department. The Fire Chief of the Department
is authorized to grant waivers from the provisions of this section
when extenuating circumstances exist.
G.
The chief officers shall establish the standards for response to
alarms and other Department functions. Any member who fails to meet
these standards may be subject to disciplinary action by the Fire
Chief.
A.
The Fire Chief shall be appointed by the Town Council. Such appointment
may be made following written test and/or oral interview with consideration
given to firefighting experience and training, or by any other manner
determined by the Town Council.
B.
The Fire Chief shall serve for a term of two years, the term commencing
on his/her appointment at the first Town Council meeting in January
of each odd year. The Fire Chief may be reappointed for three additional
successive terms of two years. No person shall be reappointed to Fire
Chief after eight continuous years in such position unless at least
two years have passed from the last term served. Qualified Fire Department
members can submit applications to the Town Council by October 15
of the even-number years.
C.
The duties and responsibilities of the Fire Chief are as follows.
The Fire Chief:
(1)
Shall have command at fires and alarms over all members of the Department
and Company, and all apparatus and equipment belonging to the same,
and may direct such measures as he/she may deem appropriate to bring
the incident under control.
(2)
Shall direct and command the Fire Police, Chaplains, and Fire Marshals
not inconsistent with the Connecticut General Statutes.
(3)
Shall inspect fire houses, apparatus and equipment as often as every
month and make report to the Director of Safety as to the condition
of the same and such suggestions and recommendations as may be deemed
proper.
(4)
Shall have the power to take disciplinary action up to suspension from duty of any officer or member of the Company, and to supervise the administration of discipline by any line officer in accordance with § 38-14 of this chapter (regarding fire-related duty, for insubordination, disorderly conduct, or neglect of duty) for violation of this chapter, rules or regulations, or medical reason when he/she believes the member's life or other lives may be in jeopardy. Such suspension may be for a definite period not exceeding 180 days or, if dismissal is warranted, shall continue pending the action of the Town Council.
(5)
May call out the Company for parades, drills, inspections, or for
testing apparatus.
(6)
Shall be responsible for providing suitable training programs for
fire personnel.
(7)
Shall have the administrative responsibility for the Division of
Fire Suppression.
(8)
Shall perform such other duties as may be prescribed by ordinance
or by order of the Director of Safety.
A.
The Deputy Chief shall be appointed by the Town Council. Such appointment
may be made following written test and/or oral interview with consideration
given to firefighting experience and training or by any other manner
determined by the Town Council.
B.
The Deputy Chief shall be appointed at the first Town Council meeting
in January of each odd year for a term of two years. Qualified Fire
Department members can submit applications to the Town Council by
October 15 of the even-number years.
C.
In the absence of the Fire Chief, the Deputy Chief shall possess
all the powers, duties and responsibilities of the Fire Chief.
A.
The First Assistant Chief shall be appointed by the Town Council.
Such appointment may be made following written test and/or oral interview
with consideration given to firefighting experience and training or
by any other manner determined by the Town Council.
B.
The First Assistant Chief shall be appointed at the first Town Council
meeting in January of each odd year for a term of two years. Qualified
Fire Department members can submit applications to the Town Council
by October 15 of the even-number years.
C.
In the absence of the Fire Chief and Deputy Chief, the First Assistant
Chief shall possess all the powers, duties and responsibilities of
the Fire Chief.
A.
The Second Assistant Chief shall be appointed by the Town Council
annually at the first Town Council meeting in January. The Second
Assistant Chief shall have obtained the rank of Captain. Such appointment
may be made following written test and/or oral interview with consideration
given to firefighting experience and training or by any other manner
determined by the Town Council. The initial appointment date of the
Second Assistant Chief will be at the recommendation of the Fire Chief.
B.
In the absence of the Fire Chief, Deputy Chief and First Assistant
Chief, the Second Assistant Chief shall possess all the powers, duties
and responsibilities of the Fire Chief.
A.
There shall be established a chain of command to assure direction
and leadership. During the absence or inability of the Chiefs, the
next ranking line officer shall possess all the powers, duties and
responsibilities of the Fire Chief.
[Amended 7-25-2016]
B.
The Fire Chief will determine the chain of command at the beginning
of his/her term and make changes as necessary. The following members
shall be eligible to be included in the chain of command: chief officers,
company officers, Fire Marshal, Safety Officer, and the senior ranking
Company member.
C.
If there is a catastrophic event, the Town Council may appoint an
Acting Fire Chief to ensure a chain of command.
[Amended 7-25-2016]
A.
Eligibility.
(1)
An active member who desires consideration for appointment as a Fire
Police shall notify in writing the Fire Chief or his/her designee
of his/her desire.
(2)
Upon receipt of such written notice, the Fire Chief, or his/her designee, shall verify that the member is in compliance with § 38-3A(4) of this chapter.
(3)
Upon compliance with § 38-3A(4) of this chapter, the Fire Chief having been satisfied that the member is able to perform the duties of a Fire Police, the Fire Chief shall submit a written request to the Town Council through the Town Manager that the member be appointed as a Fire Police.
(4)
A Fire Police shall be ineligible for service upon reaching the age
of 72 years.
[Amended 8-20-2018]
B.
Duties.
(1)
Fire Police shall perform powers and duties as set forth in § 7-313a
of the Connecticut General Statutes, as amended. Such powers and duties
may be exercised in other communities when the Department is engaged
in mutual assistance.
(2)
Such powers and duties shall include traffic control and regulation,
maintaining order at fire or incident scene, protection of property
removed from fire or incident scene and such other powers and duties
as directed by the incident commander, all under the command of the
Fire Chief.
(3)
Fire Police may be passengers in any Fire Department vehicle but
shall have no right to operate or drive Fire Department vehicles and
apparatus other than utility vehicles, as directed by the Fire Chief.
(4)
Fire Police shall not perform any firefighting duties or be issued
any structural firefighting personal protective equipment (PPE).
C.
Miscellaneous provisions. Upon appointment, a Fire Police shall be
covered under the Town's workers' compensation insurance, which coverage
shall be the same as provided to active members of the Department.
A.
Eligibility.
(1)
An active member who desires consideration for appointment as support
staff shall notify in writing the Fire Chief or his/her designee of
his/her desire.
(2)
Upon receipt of such written notice, the Fire Chief, or his/her designee, shall verify that the member is in compliance with § 38-3A(4) of this chapter.
(3)
Upon compliance with § 38-3A(4) of this chapter, the Fire Chief having been satisfied that the member is able to perform the duties of support staff, the Fire Chief shall submit a written request to the Town Council through the Town Manager that the member be appointed as support staff.
(4)
Support staff shall be ineligible for service upon reaching the age
of 72 years.
[Amended 8-20-2018]
B.
Duties.
(1)
Support staff shall perform powers and duties as assigned by the
Fire Chief. Such powers and duties may include assignment as a Safety
Officer, Accountability Officer, Rehabilitation Leader, Staging Officer
and any other administrative functions as determined by the Fire Chief.
(2)
Support staff may be passengers in any Fire Department vehicle but
shall have no right to operate or drive Fire Department vehicles and
apparatus other than utility vehicles, as directed by the Fire Chief
or Incident Commander.
(3)
Support staff shall not perform any firefighting duties or be issued
any structural firefighting personal protective equipment (PPE) without
the specific approval of the Fire Chief and acknowledgment by the
Town Council.
[Amended 6-15-2015]
C.
Miscellaneous provisions. Upon appointment, support staff shall be
covered under the Town's workers' compensation insurance, which coverage
shall be the same as provided to active members of the Department.
[Added 8-20-2018]
A.
Eligibility.
(1)
An active member who desires consideration for appointment as
a driver/operator shall notify in writing the Fire Chief or his/her
designee of his/her desire.
(2)
Upon receipt of such written notice, the Fire Chief, or his/her designee, shall verify that the member is in compliance with § 38-3A(4) of this chapter.
(3)
Upon compliance with § 38-3A(4) of this chapter, the Fire Chief having been satisfied that the member is able to perform the duties of driver/operator, the Fire Chief shall submit a written request to the Town Council through the Town Manager that the member be appointed as a driver/operator.
(4)
A Driver/operator shall be ineligible for service upon reaching
the age of 72 years.
B.
Duties.
(1)
Drivers/operators shall have the right to operate or drive Fire
Department vehicles and apparatus, including utility vehicles, as
directed by the Fire Chief or Incident Commander.
(2)
Drivers/operators shall not perform any firefighting duties
or be issued any structural firefighting personal protective equipment
(PPE) without the specific approval of the Fire Chief and acknowledgment
by the Town Council.
C.
Miscellaneous provisions. Upon appointment, drivers/operators shall
be covered under the Town's workers' compensation insurance,
which coverage shall be the same as provided to active members of
the Department.
A.
The Company may designate members of the clergy as Chaplains.
B.
Such Chaplains shall be acknowledged by the Town Council as holding
the status of probationary firefighters and shall thereafter be provided
such insurance and workers' compensation coverage as is provided other
firefighters of the Town.
C.
Chaplains shall not perform any firefighting duties or be issued
any structural firefighting personal protective equipment (PPE).
A.
Statement of purpose.
(1)
This Code of Conduct establishes the platform for acceptable behavior
within the Plainville Fire Service, the members of which represent
the Plainville Fire Company, the Plainville Fire Department, and the
Town of Plainville. Becoming a firefighter is accompanied by being
granted the public trust, which requires exemplary behavior, a reputation
that is beyond reproach, personal and professional discipline, professional
competence, and responsibility for all actions.
(2)
Therefore, this Code of Conduct shall ensure that each member of
the Plainville Fire Service conducts himself/herself in such a manner
as to not bring discredit to himself/herself, the Company, the Department,
or the Town. This code shall apply at all times, whether in or out
of uniform, in or out of Town, and whether or not displaying any insignia
that identifies him/her as a Plainville firefighter.
B.
Definitions.
(1)
CHAIN OF COMMAND
FIRE COMPANY
FIRE DEPARTMENT
FIREFIGHTER
(a)
(b)
(c)
(d)
(e)
(f)
FIRE SERVICE
LINE OFFICER
As used in this code, the following terms shall have the meanings
indicated:
The Fire Service chain of command as defined in § 38-9 of this chapter.
The Plainville Fire Company, Inc., a corporation organized
under the laws of the State of Connecticut, and its predecessor organizations,
which staffs the Plainville Fire Department below the level of Chief
Officers and has had an unwritten contract to provide fire protection
and related services to the community since 1885.
The organization provided for and established by the Charter
of the Town of Plainville, Chapter VI, Section 3b, to provide fire
protection and related services to the community.
Any person whose application has been accepted by the Fire Company
and appointed by the Town Council and who is training in firefighting
and related duties.
Any person who has completed the training necessary to be appointed
an active firefighter and is awaiting appointment.
Any active firefighter.
Fire Police and support staff.
Any person who has resigned as a firefighter but retains associate
membership in the Plainville Fire Company.
Any retired firefighter.
The officers of the Plainville Fire Department, the officers
and firefighters of the Plainville Fire Company and the office of
the Fire Marshal, as elsewhere defined.
Any person appointed as a Chief Officer by the Town Council,
and any person elected as an officer by the Fire Company (Captain
through Lieutenants).
C.
Violations. While every act or omission which will be sufficient
cause for disciplinary action is not and cannot be identified, the
following constitute serious violations that are prohibited on the
part of firefighters and shall constitute grounds for disciplinary
action:
(3)
Conduct unbecoming. Any act or omission that tends to discredit the
firefighter, the Plainville Fire Service, the community as a whole,
and/or the Town, or tends to impede the operation or lower the morale
of the Fire Service.
(4)
Breach of confidentiality.
(a)
Making unauthorized public statements, oral or written, concerning
Fire Service activities or matters.
(b)
Making public statements, oral or written, which are known to
be false or to be in reckless disregard of known facts related to
Fire Service matters.
(c)
Releasing material concerning confidential Fire Service records,
reports, information or matters. Authority for any statement or release
of information shall rest with the Fire Chief or his/her designee.
(d)
Spreading gossip or reports injurious to the character of another
member or tending to be injurious to the welfare of the Fire Service.
(5)
Disorderly conduct. Including, but not limited to, public intoxication;
breach of peace; immoral or indecent conduct; tampering with apparatus,
equipment, radios or personal protective equipment; and reckless or
negligent behavior, including operation of a motor vehicle, that may
result, or does result, in damage to or destruction of Department
property, the property of others, or injury to another person or persons.
(6)
Falsification. Intentional falsification of, or omission from, any
document or record related to Fire Service membership or activities.
Acts of commission consist of conscious and known deceptive statements.
Acts of omission consist of withholding of information necessary to
correct false assumptions.
(7)
Harassment. Actions, words, jokes or comments based on an individual's
sex, race, ethnicity, age, religion, handicap, or any other legally
protected characteristic.
(8)
Illegal drugs. Possession, distribution, sale or being under the
influence of illegal drugs at any time.
(9)
Prescription medication. Being under the influence of any prescription
medication which in any way impairs abilities when responding to any
fire or other emergency, or when participating in any Fire Service
activity, such as practice or apparatus or equipment maintenance or
repair.[1]
(11)
Loss or damage. Failure to report loss of or damage to Department
or Company property.
(12)
Theft. The unauthorized use, removal or misappropriation of
property, including but not limited to property of the Town, Department,
Company, other members of the Fire Service, and owners or occupants
of emergency scenes. Also, misuse or misappropriation of Company or
Department funds.
(13)
Unauthorized entry. Unauthorized entry into any office, storage
space, desk or locker of another.
(14)
Unsanitary conditions. Knowingly causing or contributing to
unsanitary conditions.
(15)
Violence. Threatened or actual physical violence/assault, with
or without a weapon.
D.
Disciplinary actions. Progressive discipline is a process that assists a firefighter in meeting the standards of the Code of Conduct. Discipline addresses unacceptable behavior and attempts to prevent further violations. If problems can be discussed and resolved informally, the need for discipline may be avoided. Therefore, this subsection of the Code of Conduct shall not prohibit any line officer from coaching any firefighter as to performance or behavior, which coaching shall not be construed to be discipline. Disciplinary action may be initiated as the result of a formal complaint by an eyewitness to a violation or by physical evidence of a violation. All firefighters as defined in Subsections (a) through (d) in the definition of "firefighter" in Subsection B(1) of this section shall be subject to discipline under this subsection. All firefighters as defined in Subsections (e) and (f) in the definition of "firefighter" in Subsection B(1) of this section shall be referred to the Plainville Fire Company for disciplinary action. There are four levels of disciplinary action:
(1)
Level 1: Oral reprimand.
(a)
A first minor violation.
(b)
Shall be administered by any line officer and must be initiated
immediately upon an officer becoming aware of a violation.
(c)
Documentation of a Level 1 reprimand shall consist of an original
and two copies and shall be signed by the firefighter in the presence
of a witness. The original shall be promptly submitted to the Fire
Chief for review and filing in the firefighter's personnel folder.
A copy shall be given to the firefighter and a second copy shall be
retained by the originating officer.
(2)
Level 2: Written reprimand.
(a)
A second minor violation or a serious violation.
(b)
Investigation must be initiated within three days of an officer
becoming aware of the offense.
(c)
Shall be administered by any line officer.
(d)
Documentation of a Level 2 reprimand shall consist of an original
and two copies and shall be signed by the firefighter in the presence
of a witness. The original shall be promptly submitted to the Fire
Chief for review and filing in the firefighter's personnel folder.
A copy shall be given to the firefighter and a second copy shall be
retained by the originating officer.
(3)
Level 3: Suspension for a defined period.
(a)
A third violation at Level 1 or Level 2, or a combination of
these in any consecutive twenty-four-month period beginning on the
date of the first violation, or a first serious or significant violation.
(b)
Investigation must be initiated within five days of an officer
becoming aware of the offense.
(c)
Shall be administered by the Fire Chief or, in his/her absence,
the next senior Assistant Chief.
[1]
May not exceed a period of 180 days and shall be in force pending
action of the Disciplinary Appeal Board, if appealed.
[2]
May prohibit the firefighter from performing specific functions
or may prohibit the firefighter from participating in any way in Fire
Department and/or Fire Company activities, depending upon the nature
of the violation.
[3]
An exception to such prohibition may be made by the Fire Chief
for extenuating circumstances such as a funeral, participation in
the Memorial Day parade, or meeting a required physical examination
or self-contained breathing apparatus (SCBA) fit test.
(d)
Documentation of a Level 3 suspension shall consist of an original
and two copies and shall be signed by the firefighter in the presence
of a witness. The original shall be promptly submitted to the Fire
Chief for review and filing in the firefighter's personnel folder.
A copy shall be given to the firefighter and a second copy shall be
retained by the originating officer.
(e)
Extension of a suspension, or consecutive suspensions, for the
same offense is prohibited.
(4)
Level 4: Suspension pending dismissal.
(a)
A violation at Level 3, combined with two additional Level 1
or Level 2 offenses in any consecutive twenty-four-month period beginning
on the date of the first violation, or a violation of such significance
as to have severe and lasting impact upon the individual's ability
to perform his/her duties as a firefighter, or which brings discredit
to himself/herself, the Company, the Department or the Town.
(b)
Investigation must be initiated within five days of an officer
becoming aware of the offense.
(c)
Shall be administered by the Fire Chief or, in his/her absence,
the next senior Assistant Chief and shall be in force pending action
by the Disciplinary Appeal Board, if appealed, and by the Town Council.
(d)
Shall prohibit the firefighter from participating in any activities
of the Fire Department and Fire Company.
(e)
Documentation shall consist of an original and four copies.
The original shall be retained by the Fire Chief and filed in the
firefighter's personnel folder; one copy shall be forwarded to the
Director of Safety; one copy shall be forwarded to the Town Manager
after five days but in no more than 10 days, excluding Saturdays,
Sundays and legal holidays, together with the Fire Chief's report
and recommendation, for transmission to the Town Council; one copy
shall be given to the firefighter; and one copy shall be retained
by the originating officer. The firefighter shall sign the original
and all copies in the presence of a witness prior to their distribution.
(f)
Dismissal of the firefighter shall be by the Town Council, as
appointing authority, subject to appeal if requested by the firefighter.
Such appeal shall be in accordance with Chapter III, Section 13, of
the Plainville Town Charter.
E.
Appeals process.
(1)
Disciplinary Appeal Board.
(a)
There shall be established a Disciplinary Appeal Board, which
shall consist of five regular members and two alternates, the makeup
of which shall be as follows:
[1]
A Deputy or an Assistant Chief, to be appointed annually in
February by the Fire Chief for a one-year term commencing March 1.
[2]
A Company line officer, to be appointed annually in February
by the Captain for a one-year term commencing March 1.
[3]
Three elected Company members, active or retired, each of whom
shall have served at least five years as an active firefighter. Election
shall be held in December to fill the expiring term for three years,
commencing March 1.
[4]
Two elected Alternates, who shall be Company members, active
or retired, each of whom shall have served at least five years as
an active firefighter. Election shall be held in December to fill
the expiring term for three years, commencing March 1.
[5]
Alternate members may attend all meetings of the Board but shall
have no voice or vote in the proceedings, unless acting in the absence
of one of the three elected regular members.
[6]
The Fire Chief or his/her designee shall call a meeting of the
Appeal Board in March to elect a Chairperson, Vice Chairperson and
Secretary for the year. All Disciplinary Appeal Board members will
annually sign a confidentiality agreement with respect to any proceedings
held during their term.
(b)
Meetings and appeal hearings shall be electronically recorded
and transcribed verbatim. The Department shall be responsible for
providing said recording and transcription and shall be the official
repository for the minutes of any appeal hearing and of any meeting
for the purpose of rendering a recommendation. A copy of the minutes
shall be kept in the firefighter's record. Both the electronic recording
and the transcribed minutes shall be retained by the Department in
accordance with the retention schedule referenced in § 7-109
of the Connecticut General Statutes.
(c)
If an appeal has been initiated and cannot be completed before
March 1, the seated Disciplinary Appeal Board shall remain in office
until the hearing(s) is completed.
(2)
Appeal.
(a)
There shall be no right of appeal from Level 1 or Level 2 disciplinary
action.
(b)
Level 3 disciplinary action may be appealed only to the Disciplinary
Appeal Board.
(c)
Any firefighter desiring to appeal a Level 3 or Level 4 disciplinary
action must within five days, excluding Saturdays, Sundays and legal
holidays, notify the Chairperson or, in his/her absence, the Vice
Chairperson of the Disciplinary Appeal Board, in writing, of his/her
intent to appeal the disciplinary action. However, he/she shall remain
on suspension pending the outcome of the appeal hearing.
(d)
Upon notification of a firefighter's desire to appeal from a
Level 4 suspension, the Chairperson of the Board shall promptly notify
the Fire Chief, who shall not transmit the disciplinary action documents
to the Town Manager for action by the Town Council, pending action
by the Disciplinary Appeal Board.
(e)
The Board shall hold an initial meeting to review the Level
3 or Level 4 disciplinary action and any relevant documents. The Board
shall notify witnesses deemed necessary within the Company membership.
Not to impede the progress of the hearing, any witnesses failing to
appear at the designated hearing, without having a valid excuse given
to the Fire Chief, shall be automatically suspended from the Department
for 30 days.
(f)
The Chairperson shall call a hearing not less than 10 nor more
than 15 calendar days following receipt of an appeal, unless justifiable
and extenuating circumstances delay said hearing. Notice of the hearing
shall be provided to all members and alternates of the Board, the
Fire Chief, any officers involved in the disciplinary action, and
the appealing firefighter.
(g)
Any Board member who is a party to the disciplinary action or
witness shall be excluded from the Board from sitting on that hearing
and shall be replaced, in the case of an assistant chief by another
assistant chief, in the case of a line officer by another line officer,
and in the case of a regular member by an alternate member.
(h)
All hearings shall be held in executive session.
(i)
The Chairperson shall preside over the hearing. No formal rules
of evidence shall apply but the Chairperson may exclude irrelevant
or duplicative evidence.
(j)
The Board shall hear testimony, under oath administered by the
presiding Board officer, from the officer initiating the complaint,
from the chief officer initiating the disciplinary action, and from
the firefighter.
(k)
Both the Board and the firefighter shall be permitted to ask
questions and to call witnesses to the incident, who shall testify
under oath administered by the presiding Board officer.
(l)
Upon completion of the hearing, the Board shall meet in executive
session to determine its recommendation. The Board may adjourn from
time to time but shall reach a decision within five days, excluding
Saturdays, Sundays and legal holidays. If the Board is unable to reach
a decision within the time specified, the disciplinary action shall
stand.
(m)
Any recommendation of the Board shall require four affirmative
votes for adoption.
(o)
The Board shall submit its recommendation and the reasons therefor
in writing and signed by all Board members who sat on the hearing
to the Fire Chief in a meeting in executive session with the Fire
Chief and shall transmit a copy thereof to the firefighter. A copy
of the recommendation shall be included with the minutes of the meeting
as filed with the Department.
(p)
Upon receipt of the recommendation of the Board, the Fire Chief
shall take the recommendation into consideration in making his/her
final decision.
