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HomeMy WebLinkAboutR&R 102.01 REVISED 4-2009_Code of Conduct102.01 - Code of Conduct & General Rules Effective: 4/5/2009 Revised: Replaces: 2007 R&R Sections III, VI & VII I. Guiding PhilosophX Fire department members enjoy the public's trust and confidence. It is essential that every member view his/her own actions and intentions objectively to assure that no observer would have grounds to believe that any irregularity in conduct exists. In this respect, every individual's exercise of personal integrity and the highest ethical standards is fundamental to accomplishing the Department's mission. At all times, every member is expected to operate in a self-disciplined fashion, and is responsible for regulating his/her own conduct in a positive, productive, and mature manner. II. Purpose The purpose of this policy is to insure the well-being of the community and the integrity of the Department's operations through the establishment of appropriate behavioral norms and boundaries for personnel to uphold at all times. III. Goals The goals of this policy are to: A. Identify the basic ethical standards that department members should strive to model. B. Communicate the general rules for which compliance is expected. IV. Definitions A. Conduct Unbecoming — any conduct or behaviour that would seriously damage the integrity of the individual and/or Department, and which may result in lessened confidence of the public in the Department and/or its members. B. Conflict of Interest — a situation where someone in a position of trust has competing professional or personal interest; any situation in which individuals or organizations are in a position to exploit a professional or official capacity for their personal benefit or their the organization's gain. Conflicts of interest can create the appearance of impropriety even if no unethical or improper behaviour exists, and thus can undermine the public's confidence in the member, our organization and/or the fire service. C. Ethics — the standards of conduct that direct a group or individual. In particular, ethical standards relate to the defining the appropriate use of power held by an individual or group. V. Basic Ethical Standards & General Rules A. The behavior of all members of the Department is regulated by the rules and regulations, standard operating guidelines, benchmarks, policies and directives of the Department; policies, directives and the code of ordinances of the City of Beaumont; civil service rules and regulations (both City and State); State and Federal laws and contractual agreements. Violations will be considered an offense and will subject the offender to progressive performance counseling and/or discipline. B. In keeping with the requirements associated with positions of public trust, all personnel have a responsibility to uphold the standards of the Department in their day-to-day work and personal lives. These standards and related general rules include, but are not limited to: We Have a Duty and Oblikation to Those We Serve. a. We assist persons whenever possible to the extent that it does not impair the ability of the Department to provide prompt emergency response services. b. Firefighting is a dangerous profession. Members are to be aware of the dangers inherent in the profession and must recognize that on occasion they will be exposed to extremely hazardous circumstances, situations, and environments. Uniformed members have taken an oath and have a duty and obligation to respond and provide for the safety and well-being of others. c. Members will maintain the appropriate level of physical fitness necessary to perform the duties of their position. d. Personnel must seriously weigh the risks against the benefits of being a professional firefighter. Should a member conclude, at any time, that the risks are too great, then the member must, out of duty to the citizens he/she serves, his/her coworkers, and the Department, resign his/her position. 2. We Take Personal Responsibility for Our Actions. a. Members have a duty to avoid and/or disclose activities that may constitute a conflict of interest. Members will not: 1) Work, be employed, or pursue another vocation or activity which might conflict or interfere with their responsibility to the citizens of Beaumont and the Department. a) All members whose activities may potentially pose a conflict of interest will disclose the circumstances or situation in writing through the chain of command to the Fire Chief. The disclosure will include: R&R 102.01 Code of Conduct & General Rules Page 2 of 9 i. A statement explaining the potential conflict of interest. ii. An acknowledgement of the member's Duty of Loyalty to the citizen's of Beaumont, his/her coworkers, and the Department. iii. An acknowledgement of the member's understanding that, in all cases, his/her work through the Department takes precedence over other employment, related activities, or vocations. 2) Solicit any gift, gratuity, loan or fee where there is any direct or indirect relationship between the solicitation and their membership in the Department, except as provided by law and approved by the Fire Chief. 3) Accept directly or indirectly any gift, gratuity, reward, loan, fee, discount, rebate or special consideration arising from or offered because of Department membership that might reasonably tend to influence the member in the discharge of his/her official duties. 4) Endorse or recommend any particular service, product, or brand name while engaged in their official capacity or in any case which may involve the Department. As authorized by the Fire Chief, lists of services available in the private sector relating to public safety and/or health requirements are permitted. 5) Engage in business contracts, either directly or indirectly, with the Department or City of Beaumont or sub -unit therein. 6) Engage in any form of political activity while on -duty or in uniform. 7) Become a member of any organization, association, movement or group which advocates or approves the commission of acts of force or violence to deny others their rights under the Constitution of the United States, or which seeks to alter the form of government of the United States by unconstitutional means. b. Members have a duty to conduct their personal and business affairs in a responsible manner so as to be above indefensible criticism. Members will not: 1) Engage in any conduct which would constitute conduct unbecoming a member of the Department. a) Lie or otherwise attempt to withhold the truth. b) Abuse their sick leave. c) Steal. d) Fight. e) Engage in sexual activity or solicitation while on duty. R&R 102.01 Code of Conduct & General Rules Page 3 of 9 f) Be party to any malicious gossip, activity or report which may disrupt Department morale, efficiency, or bring discredit to the Department or its members. g) Publicly criticize or ridicule the Department, its policies, rules, guidelines, or other members by talking, writing, or otherwise expressing themselves in a manner that may impair the efficient operation of the Department, interfere with the ability of its Officers to maintain discipline, or by showing a reckless disregard for the truth. h) Purchase, possess, ingest, or be under the influence of alcohol or mind -altering drugs while in uniform. i) Be intoxicated in public view so as to embarrass the Department at any time. j) Be under the influence of or be in possession of narcotics or a controlled substance without a doctor's prescription at any time. k) Attempt to influence the Fire Chief or the Civil Service Commission in order to secure promotion or transfer, or to avoid disciplinary action except in appropriate proceedings for that stated purpose. Members have a duty to use Department and City resources ethically. 1) Department resources will not be sold, lent, given away, or appropriated for personal use. 2) Department logos, letterhead, identification cards or badges will not be loaned out or reproduced without the approval of the Fire Chief. 3) Department resources, City procurement cards and expense account reimbursements are intended only for those documented items directly related to Department business. 4) Through the chain of command, members will report loss of any Department property entrusted to them as soon as possible. a) Loss, damage and/or malfunction resulting from intentional acts or acts of negligence may subject the member to reimbursing the cost of the item and/or disciplinary action. 5) Members are assigned City -owned vehicles, lockers, etc. for the mutual convenience of the individual and Department. a) Retention of items in these areas is at the risk of the individual, and the Department is not responsible for losses. b) These areas are not intended for long-term storage and are subject to being inspected without notice. Members should have no expectation of privacy. R&R 102.01 Code of Conduct & General Rules Page 4 of 9 d. Under Civil Service law (143.051), members will be aware that they are subject to disciplinary action for any of the following reasons: 1) Conviction of a felony or other crime involving moral turpitude. 2) Violations of a municipal charter provision. 3) Acts of incompetency. 4) Neglect of duty. 5) Discourtesy to the public or to a fellow employee while in the line of duty. 6) Acts showing a lack of good moral character. 7) Drinking intoxicants while on duty or intoxication while off- duty. 8) Conduct prejudicial to good order. 9) Refusal or neglect to pay just debts. 10) Absence without leave. 11) Shirking any duty or cowardice at fires. 12) Violation of an applicable fire department rule or special order. If arrested, members will notify the on -duty Deputy or his/her Division Chief within 24 hours. The Deputy/Division Chief will immediately notify the Assistant Chief and Fire Chief. We Respond Competently and Knowledgeably. a. Uncontrolled emergency situations cause harm to persons, property, and the environment. Personnel are directed to take reasonable and appropriate actions to control these situations, providing for the safety of personnel, others exposed, property and the environment. b. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the applicable law, rule, regulation, policy, guideline, benchmark, or directive in question. 1) Members are expected to have a thorough knowledge of State and Federal laws, City policies, Department guidelines, benchmarks, procedures, directives and accepted industry practices applicable to their job. 2) Members on station assignment will have a thorough knowledge of their district's target hazards, streets, water supplies, buildings, and the operation of all apparatus, tools and equipment that they may be reasonably expected to operate with appropriate skill under adverse conditions. c. Regardless of a member's rank or seniority, he/she is expected to be knowledgeable, proficient, competent, and effective in his/her assigned role. 4. We Practice Discipline in All Situations. a. The day-to-day practice of discipline is expected by all members. A life threatening situation is not the place for the practice of discipline to begin. The practice of discipline encompasses maintaining the R&R 102.01 Code of Conduct & General Rules Page 5 of 9 state of readiness of equipment, facilities, as well as individual and team competency and effectiveness. b. Self-discipline is expected in the performance of one's duties and in one's interaction with others. Boundaries for acceptable conduct include, but are not limited to: 1) The Department does not condone, and will not allow, any derogatory or demeaning remarks, actions, or harassment that refer to one's race, religion, sex, or ethnic background, regardless of the context of the situation. a) Officers will take action to eliminate harassment when it is brought to their attention. Failure of an Officer to take action should be reported through the chain of command to the Fire Chief. b) Complaints concerning harassment may be handled through the established grievance procedure, and/or in accordance with City policy 3.5. 2) Officers are expected to exhibit self-discipline by regularly counseling subordinates and utilizing the progressive discipline process when necessary. 3) Retaliatory actions exhibit a lack of self-discipline. Retaliation on the part of Officers or members based on another's right to grievance is prohibited. Since the department is a para -military organization, where Officers must lead subordinates into potentially life-threatening situations, all members are expected to obey without delay any lawful order given by a superior Officer, unless it assumes an unjustifiable risk to one's safety. In this instance, the member is expected to immediately communicate the safety risk to the Officer in charge. 5. We Value Teamwork & Positive Workin- Relationships. a. Members are expected to treat all persons with courtesy, respect, and dignity at all times. b. Officers are expected to supervise and manage personnel in an effective and considerate manner. Subordinates are expected to follow instructions in a positive, constructive, and timely manner. c. Since emergency response operations can be likened to team sports activities, teamwork is of paramount importance. Personnel are expected to work as a team and participate fully in all group -related departmental activities, including, but not limited to: 1) emergency response 2) public education and community outreach efforts 3) training, drills & professional development 4) inspections & investigations 5) pre -fire planning & tactical information surveys 6) hydrant maintenance 7) facilities & equipment maintenance R&R 102.01 Code of Conduct & General Rules Page 6 of 9 d. Officers are expected to make the most productive use of subordinate's time to insure that their work group is at peak performance. e. In cases where personalities are conflicting or potentially harmful tension is developing within a group, members are expected to bring the situation to their supervisor's attention. When made aware of these situations, Officers are responsible for counseling members so as to maintain a positive working environment. If a resolution cannot be attained, Officers are expected to report the problem through their chain of command. f. Members will not seek the influence or intervention of any persons for the purposes of advantage, advancement, or transfer within the Department outside of those allowed by established grievance procedures. g. Since it is not known what the next alarm will bring, teamwork also includes supporting other members so that they know that the department will assist their families should the need arise. When the need does arise, all members are responsible for doing his/her part to take care of our own. 6. We Respect Leadership & the Chain of Command. a. Officers are expected to exhibit assertive leadership and initiate dialogue when necessary to Command their unit and ensure that operations are implemented uniformly. 1) Officers are encouraged to seek subordinates' opinions at appropriate times, but Officers are ultimately responsible for their decisions and the success of the Department in achieving its mission. 2) Constructive debate is encouraged and is expected to be conducted in a professional and ethical fashion. a) Members will utilize the chain of command and/or established methods of providing constructive criticism and potential solutions to problems. b) Since opinions vary on any particular issue, members will act professionally and graciously if/when issues are decided contrary to his/her recommendation. c) Regardless of his/her stance on an issue or personal opinion, every Officer is expected to enforce Department and/or City policies and to take a firm, visible stand in positive support of the Department. b. The chain of command will be observed at all times in the resolution of problems. 1) If the supervisor is involved with the problem, or when an individual is not satisfied with the resolution, the individual may take the problem up the chain if necessary. R&R 102.01 Code of Conduct & General Rules Page 7 of 9 2) Officers will advise the individual of the grievance procedure to address these instances. 3) Members will not attempt to circumvent or undermine the chain of command by seeking to influence others to intercede or by anticipating potential disciplinary action before any action has occurred. 4) Members will not meet with the City Manager, Council persons, or appear before City Council in matters relating to departmental business without prior notification of the Fire Chief through the chain of command. Notification of the Fire Chief does not restrict the individual's ability to attend or speak when off-duty. 7. We Understand and Value Confidentiality. a. Fire department personnel often deal with sensitive and confidential information. In no instance should confidential information be used for one's own or another's benefit. Maintaining confidentiality is expected even after an individual is no longer employed with the Department. b. Departmental records shall be regarded as confidential. Unless approved by one's Deputy or Division Chief, confidential information should not be disclosed to non -Department personnel, including family or associates, or even other Department personnel who have no legitimate need for such information. 1) While information contained in Department records is accessible by the public, requests for this information should be made through appropriate channels, following established procedures, documentation requirements, and approvals. 2) When compiling and publishing organizational statistical information from Department records, great care must be taken to preserve anonymity of individuals. 3) Within the Department/City, employee information will be shared for legitimate business purposes only. Employee information will not be given to anyone outside the Department/City without the member's approval. a) Members will maintain an accurate address and working home and cellular telephone number (if member has both) for the purpose of being called back to duty. b) Members may not use fire station addresses or phone numbers as their personal contact information. c) Members will maintain and provide up-to-date information regarding all certifications listed as minimum requirements by the member's job description and/or departmental policy and his/her Class B (minimum) driver's license. R&R 102.01 Code of Conduct & General Rules Page 8 of 9 d) Members will maintain up-to-date dependent and emergency contact information. e) Member personal information changes must be reported via email to the Solutions Box and copied to the member's Deputy/Division Chief within 48 hours of the change. Upon receipt, A&S Division staff will make the change in the Firehouse system. There may be instances when the duty to maintain confidentiality must yield to the need to report to civil and/or Department officials any illegal actions or misconduct of members or violation of these ethical standards. 1) Information disclosed to a supervisor during the course of counseling/direction shall be held in the strictest confidence possible, except for compelling professional reasons or as required by law. 2) If there is clear and imminent danger to the individual or to others, the supervisor may disclose only the information necessary to protect the parties affected and to prevent harm. Before disclosure is made, if feasible, the supervisor should inform the person being counseled about the disclosure and the potential consequences. R&R 102.01 Code of Conduct & General Rules Page 9 of 9