(A) The Fire Chief may initiate a disciplinary action if the Fire Chief believes that a member has violated any rule as enumerated herein, by providing written notice of the allegation of misconduct, including notice by email, to the member. Likewise, any Commissioner may initiate an investigation, in the same manner as required herein of the Fire Chief, if they believe that a member has violated a rule, by providing written notice of the allegation of misconduct to the Fire Chief, who shall then follow the procedural steps set forth herein. If the Fire Chief determines, following an investigation, that the act alleged to be a violation was a Class D, E or F violation committed more than five years prior to the date that the Fire Chief (or the Commissioner, if initiated by the Commission) had notice of the alleged misconduct, the matter is concluded and shall be reported to the Commission, although the Commission does not have authority to act further regarding the notice. There is no time limitation for an alleged Class A, B, or C violation.
(1) Within 20 days after the Fire Chief receives a written statement, in any form, from anyone who asserts alleged misconduct by a member, the Fire Administration shall notify the member in writing, with a copy to the Union, as to whether an investigation of the allegation will be initiated or not. Likewise, if the Fire Chief receives from any source, including an anonymous source, objective evidence such as a video or audio recording, a photo or similar graphic depiction, or a document from a public agency (such as the police, a prosecuting attorney’s office, or the Bureau of Motor Vehicles), information upon which the Fire Chief reasonably might base an allegation of misconduct, the Fire Chief shall so notify the member, with a copy to the Union, within 20 calendar days as to whether an investigation will be initiated or not. However, when the Fire Chief receives notice from a representative of an officially-recognized criminal justice organization of alleged misconduct that could form the basis for a criminal charge against the member, the Fire Chief may defer the internal investigation, in the interest of preserving the integrity of a possible criminal investigation, until such time as is objectively reasonable, thus delaying the obligation to provide notice to the member under this provision.
(2) The notice shall include a brief statement of the allegations, the identity of the person(s) who submitted the allegations, and a copy of the written statement from that person and the date(s) of the alleged violation(s). In the case of objective evidence described above, a copy of the objective evidence will be included with this notice. In the case of an allegation of sick time abuse (Rule 2-4.09), the Commission shall provide this notice.
(3) When the Fire Administration notifies members that they will be subjected to an interview under Garrity, the notice will be copied to the Union.
(4) In all disciplinary actions except those involving late for duty and sick time abuse, the Fire Chief shall cause a Garrity interview of the members subject to the disciplinary action to be conducted.
(5) An interviewer conducting a Garrity interview may not compel members or their union representative to disclose any conversation that occurred between the member and the Union representative, provided that the Union representative was acting in a representative capacity at the time of the conversation. In that case, a refusal to answer a question that would require disclosure of such a conversation will not be deemed disobedience of an order. If asked and a member declines to answer, the line of inquiry regarding such communications must stop. If the member wishes to disclose the substance of such communications, the interviewer may ask relevant follow-up questions. However, the member or the Union representative shall answer such a question in any of the following circumstances: when necessary to prevent crimes likely to result in a clear, imminent risk of serious injury or death; when the conversation involves criminal actions against the member or Union representative; or when there is a court order requiring disclosure. A question posed to a member must otherwise specifically, directly, and narrowly be related to the allegations of the pending disciplinary matter. Nothing in this section relieves a Union representative of the duty to report an infraction that they witnessed, and to testify during the investigation and/or at the hearing regarding the conduct that they witnessed. A member subject to disciplinary action shall have access to all Garrity transcripts created during the investigation.
(B) The Fire Chief, the Union and the member can resolve a disciplinary action at any time by agreement, which agreement must be reported to the Commission. If a member accepts a suspension without pay, the member waives their right to appeal and the Commission shall take no further action. If the member objects to the suspension, the Fire Chief may proceed with the disciplinary process based on the class and occurrence of the alleged violation(s). If the member appeals the suspension, the suspension does not take effect until the Commission determines to uphold the suspension.
(C) The Fire Chief will notify the Commission, with a copy to the Union, of all written reprimands (issued on the designated Departmental form), suspensions, and other conclusions of investigations of alleged infractions to the Commission within 48 hours of conclusion. A failure to comply with this provision which does not prejudice a member subject to the disciplinary action may be corrected without affecting the disciplinary action.
(D) Prior to the conclusion of an investigation of an alleged disciplinary violation or in the absence of such investigation, the Fire Chief may relieve a member from duty with pay (for non-punitive administrative reasons) or suspend a member with pay pending investigation of an alleged disciplinary violation, which action shall not be appealable unless otherwise provided herein.
(E) The Fire Chief may issue a written reprimand to a member based on an allegation of misconduct and an investigation. Except as provided in section 2-4.09, a member may not appeal a written reprimand based on a Class F violation (unless the violation was a Class E violation or above that was decreased to Class F by the Fire Chief). A member may initiate an appeal to the Commission regarding any disciplinary action that would result in a suspension without pay, demotion or termination (an “appealable disciplinary action”). Any prior infraction that was a factor in progressive discipline may be addressed at the hearing on appeal.
(F) To appeal an appealable disciplinary action, members or their Union representative or attorney must file with the Administrative Secretary to the Commission within ten days of receipt of notice of the appealable disciplinary action a written notice of their intent to appeal the appealable disciplinary action. Notice transmitted by email satisfies the written notice requirement. The notice shall include a statement of the basis for the appeal.
(G) Upon receiving notice of appeal from a member, the Fire Chief shall cause notice of the appeal to be transmitted to the Commission’s Secretary and/or attorney.
(H) The Commission shall consult with the Fire Chief and the member or their representative to determine the date(s) on which the hearing of the appeal will be held. The Commission shall use its best efforts to reasonably accommodate the schedules of both parties and their representatives. Unless the parties otherwise agree, the hearing will be held no sooner than 21 days from the date of the notice of appeal.
(I) Both parties are entitled to be represented by counsel or, in the case of the member, a Union representative. Both parties are entitled to produce evidence at the hearing. Both parties are entitled to require the Commission to cause subpoenas to be issued, served, and executed pursuant to I.C. 36-8-3.5-17(e).
(J) Unless otherwise agreed, the parties shall exchange exhibits and a list of witnesses at least five days prior to the hearing. The exhibits and list of witnesses shall be made available to the Commissioners at that time. In the absence of an agreement by the parties, the Commissioners may determine an appropriate sanction for failure to timely disclose exhibits and witnesses.
(K) If a witness fails to comply with a subpoena issued pursuant to these rules, the Commission shall continue the hearing upon the request of the party that requested the subpoena. The Commission also may file an affidavit in the Circuit Court of Allen County stating the facts of the failure as provided in I.C. 36-8-3.5-17(f). Expenses related to the filing of an affidavit and the issuance and service of a summons shall be charged to the witness against whom the subpoena has been issued, unless the Circuit Court finds that the action of the witness was taken in good faith and with reasonable cause. In that case, the expenses shall be charged to the Commission.
(L) A decision to discipline a member may be made only if the preponderance of the evidence presented at the hearing supports the decision.
(M) The hearing pursuant to this section shall be conducted in executive session. The Commission shall order separation of witnesses other than the Fire Chief, the member, and their representatives, upon request of either party.
(N) The Commission shall record the hearing (either by its Secretary or a third-party qualified to record such hearings). The Commission shall provide a copy of the recording and a copy of the transcript of the record (if created) upon request to the member or their representative at no cost to the member.
(O) The Commission may affirm, modify, or dismiss the disciplinary action. The Commission’s authority to charge a member with a disciplinary violation or to modify a disciplinary action shall be unlimited.
(P) Judicial review process. A member may appeal a decision of the Commission to suspend the member for a period greater than 96 hours or more for a 24 hour member or 64 hours or more for a 40 hour member or to dismiss the member as provided in I.C. 36-8-3.5-18 (or any successor statute), subject to the time limitations and procedural requirements set forth in said statute.
(Q) Written reprimands for the same offense shall cease to have effect in progressive discipline two years from the date of issue but shall be kept as part of a member’s permanent record.
(R) Suspensions for the same offense shall have effect in progressive discipline four years from the date of issue but shall be kept as part of a member’s permanent record. However, if appealed, when determining the level of discipline and penalty, the Commission may consider a member’s complete personnel record when addressing disciplinary matters.
(S) Suspensions shall be at the member’s current rate of pay. Use of overtime, vacation, or holiday time in lieu of suspension shall not be allowed.
(T) Members may be charged with any or all disciplinary rule violation(s) that may apply to a single specific action or inaction but may be penalized for only one of the applicable rule violations. However, members who commit multiple violations based on two or more separate actions or inactions within a single, continuous incident may be penalized once (including where more than one type of rule violation may apply to a specific action or inaction, as stated above) for each separate action or inaction, resulting in a separate, single penalty for each action or inaction. Multiple instances of the same behavior during a single, continuous incident will not be the basis for escalation on the penalty schedule.
(U) The Fire Chief may increase or decrease the discipline given to a member (by one infraction occurrence on the penalty schedule or by one class of infraction), depending on the circumstances of the alleged offense. The circumstances that led to the increase or the decrease in discipline shall be stated in writing and conveyed to the member. Alternatively, the Fire Chief may petition the Commission to determine an appropriate penalty following a hearing.
(V) Members are entitled to a copy of any of their files held by the city subject to exceptions under applicable law, which will be provided within a reasonable time upon request. A denial of such request shall be grieved pursuant to the terms of the collective bargaining agreement.
(W) If a member is suspended, the member is entitled to the allowances for benefits as defined in the Collective Bargaining Agreement (with the exception of vacation accrual and pension payments made by the city on behalf of the member) to which the member was entitled before the suspension. To determine vacation suspension, the following calculation will be used: divide the number of suspended hours/days by 365, then multiply that number by the number of earned days for which the member is eligible. For example, 20 days/365 = .054 x 13 earned days = 0.702 days. Earned days less than .50 will be rounded down to the nearest whole day while earned days equal to or greater than .50 will be rounded up to the nearest whole day.
(X) In order to provide a similar financial impact for suspended time off between eight hour and 24 hour personnel, the following disciplinary step conversion table will be used:
STEP | 24-HOUR | 40-HOUR |
.5 | 12 | 8 |
1 | 24 | 16 |
1.5 | 36 | 24 |
2 | 48 | 36 |
2.5 | 60 | 40 |
Petition for determinate suspension |
(Y) Penalties.
(1) Infractions. Multiple offenses refers to violations of the same rule.
Class | Offense | Penalty |
Class | Offense | Penalty |
Class A | 1st offense | Petition for dismissal |
Class B | 1st offense | Petition for determinate suspension |
2nd offense | Petition for dismissal | |
Class C | 1st offense | Step 2.5 |
2nd offense | Petition for determinate suspension | |
3rd offense | Petition for determinate suspension or dismissal | |
4th or more offense | Petition for dismissal | |
Class D | 1st offense | Step 1.5 |
2nd offense | Step 2.5 | |
3rd offense | Petition for determinate suspension or dismissal | |
4th or more offense | Petition for dismissal | |
Class E | 1st offense | Step .5 |
2nd offense | Step 1.5 | |
3rd offense | Step 2.5 | |
4th offense | Petition for determinate suspension or dismissal | |
5th or more offense | Petition for dismissal | |
Class F | 1st offense | Written reprimand |
2nd offense | Step .5 | |
3rd offense | Step 1.5 | |
4th offense | Step 2.5 | |
5th offense | Petition for determinate suspension or dismissal | |
6th or more offense | Petition for dismissal | |
(2) At any Class or offense count in the disciplinary process the Fire Chief may petition the Commission for demotion of a member for violations of rules, regulations, policies or procedures.
(3) Any violation committed by members related to the performance of their duties that results in bodily injury to a person other than the member shall be treated as a Class C offense, subject to the Fire Chief's authority to increase or decrease the discipline. Any such violation that results in serious injury or death to a person other than the member shall be treated as a Class A offense, subject to the Fire Chief's authority to decrease the discipline.
(Z) Disciplinary rules and regulations - table of contents.
(1) Section 1 - Neglect of duty.
(a) 2-1.01 - Reporting infractions of rules.
(b) 2-1.02 - Criminal violations by members.
(c) 2-1.03 - Quitting a post early.
(d) 2-1.04 - Submission of reports.
(e) 2-1.05 - Escape of penalties.
(f) 2-1.06 - Personal business.
(g) 2-1.07 - Failure to respond to calls for service.
(h) 2-1.08 - Subpoenas.
(i) 2-1.09 - Supervision.
(j) 2-1.10 - Assistance.
(k) 2-1.11 - Abuse of city property.
(l) 2-1.12 - Disclosure of name and badge number.
(m) 2-1.13 - Leaving of city-owned equipment.
(n) 2-1.14 - Leaving station grounds.
(o) 2-1.15 - Station work assignment.
(2) Section 2 - Violation of rules of the Department.
(a) 2-2.01 - Communication.
(b) 2-2.02 - Public statements.
(c) 2-2.03 - Alcohol.
(d) 2-2.04 - Use of tobacco/smoking.
(e) 2-2.05 - Telephone and home address.
(f) 2-2.06 - Accepting of gifts.
(g) 2-2.07 - Assigned districts.
(h) 2-2.08 - Personal use of Fire Department property.
(i) 2-2.09 - Trading of time policy violation.
(j) 2-2.10 - False reports.
(k) 2-2.11 - Driver’s license required.
(l) 2-2.12 - EMS certification required.
(m) 2-2.13 - Gear on apparatus.
(n) 2-2.14 - Purchases and disbursements.
(3) Section 3 - Neglect or disobedience of orders.
(a) 2-3.01 - Obedience of orders.
(b) 2-3.02 - Emergency duty.
(c) 2-3.03 - Senior officer at scene.
(d) 2-3.04 - Incident numbers.
(e) 2-3.05 - Safety equipment.
(f) 2-3.06 - Answering station phones.
(g) 2-3.07 - Statements while under Garrity.
(h) 2-3.08 - Contact with complaining parties.
(i) 2-3.09 - Obedience to Department policies and procedures.
(j) 2-3.10 - Computer policies.
(k) 2-3.11 - Weapon policies.
(4) Section 4 - Incapacity.
(a) 2-4.01 - Fitness for duty.
(b) 2-4.02 - Intoxicants.
(c) 2-4.03 - Intoxicants (appearance on duty).
(d) 2-4.04 - Submission to testing.
(e) 2-4.05 - Intoxication.
(f) 2-4.06 - Alcohol assessment.
(g) 2-4.07 - Driving while intoxicated.
(h) 2-4.08 - Possession and use of controlled substances.
(i) 2-4.09 - Sick time abuse.
(j) 2-4.10 - Outside employment or other activity while on medical leave.
(k) 2-4.11 - Tattoos.
(5) Section 5 - Absence without leave.
(a) 2-5.01 - Reporting late for duty.
(b) 2-5.02 - Absent without leave and missed time.
(6) Section 6 - Conduct injurious to the public peace or welfare.
(a) 2-6.01 - Emergency runs.
(7) Section 7 - Conduct unbecoming.
(a) 2-7.01 - Sexual activity.
(b) 2-7.02 - Improper conduct.
(c) 2-7.03 - Physical altercation.
(d) 2-7.04 - Harassment, discrimination, intimidation.
(e) 2-7.05 - Misdemeanor conviction.
(f) 2-7.06 - Administrative misdemeanor.
(g) 2-7.07 - Felony charges.
(h) 2-7.08 - Administrative felony.
(i) 2-7.09 - Felony conviction.
(j) 2-7.10 - Insubordination.
(k) 2-7.11 - Patient confidentiality.
(l) 2-7.12 - Compromising the hiring and promotion process.
(AA) Disciplinary rules and regulations.
(1) Section 1 - Neglect of duty.
(a) 2-1.01 Reporting infractions of rules, Class E. Members shall report in writing any violations of these rules and/or general orders to their immediate supervisor, commanding officer, or the Fire Administration.
(b) 2 -1.02 Criminal violations by members, Class C. A member who is arrested for and/or charged committing a crime shall personally notify the Fire Administration of these events as soon as reasonably practical, but in any case prior to returning to duty after any such occurrence.
(c) 2-1.03 Quitting a post early, Class C. Members shall remain at their assigned posts or duty stations during the hours assigned to them, until they are relieved by oncoming personnel or a supervisor.
(d) 2-1.04 Submission of reports, Class F. Members shall submit all written reports as required before the completion of their tour of duty or when ordered to do so by a supervisory officer. The company officer shall ensure that all reports are completed before the end of a shift, unless authorized in writing by the Fire Administration.
(e) 2-1.05 Escape of penalties, Class C. No member shall be a party to any promise, scheme, arrangement, or agreement as a conspirator in an attempt to help others avoid penalties or in an individual effort to escape penalties.
(f) 2-1.06 Personal business, Class F. Members shall not conduct personal business while on duty that interferes with the performance of their duties or causes an injury or illness.
(g) 2-1.07 Failure to respond to calls for service, Class C.
1. On duty members shall respond to a call for service when they are available and in reasonable proximity to respond.
2. When dispatched, members will acknowledge and respond to all assignments given them by the dispatcher immediately upon receipt of such assignments regardless of the location of the assignment within Allen County.
3. After being dispatched, if members encounter an emergency or serious situation that prevents them from responding to the dispatched assignment, they may change their assignment by advising the dispatcher as soon as possible.
(h) 2-1.08 Subpoenas, Class F. Members receiving a subpoena in a Department related case shall notify the Fire Administration as soon as reasonably possible. Members subpoenaed for Department related cases shall be present at the place, date and time specified on the subpoena, unless other lawful arrangements are made by the member. Court appearances shall be made in the Class B uniform with tie.
(i) 2-1.09 Supervision, Class D. Commanding and supervisory officers shall at all times properly supervise and evaluate their subordinates while on duty.
(j) 2-1.10 Assistance, Class C. Members shall render necessary and proper assistance while on duty or in the performance of a duty when needed or requested.
(h) 2-1.11 Abuse of city property, Class F. Members shall be responsible for the proper care of city property in their custody and shall properly report to their immediate supervisor the loss of the damage to, or the unserviceable condition of such property. Damage to city-owned vehicles caused by a vehicular accident is not covered under this rule.
(i) 2-1.12 Disclosure of name and badge number, Class F. Members shall divulge their name and badge number to any person when requested. All reports submitted by members shall contain the name and badge number of the member submitting the report.
(j) 2-1.13 Leaving of city-owned equipment, Class F. When any city-owned equipment is left any place that is not the normal storing area for that equipment, the member responsible for leaving that equipment shall record that circumstance in the station log for the oncoming members, stating the location, items, quantity, and the reasons for leaving such equipment. Such a report shall not be necessary if the equipment is recovered by the member before the end of their tour of duty.
(k) 2-1.14 Leaving station grounds, Class E. Leaving the station grounds is prohibited without permission of the officer in charge. Before permission is granted, members shall report where they are going, the reason for leaving, and the estimated time of return.
(l) 2-1.15 Station work assignment, Class F. Members shall complete station work assignments as assigned by the officer in charge.
(2) Section 2 - Violation of rules of the Department.
(a) 2-2.01 Communication, Class F. Members shall maintain appropriate radio communication with the dispatcher at all times.
(b) 2-2.02 Public statements, Class E. Members shall not convey information to anyone regarding Fire Department business or express personal opinions referencing the Department, under the pretense of representing Department, for publication or broadcast, without consent of the Fire Chief.
(c) 2-2.03 Alcohol, Class D. Members shall not store or bring into any Department facility, or Department vehicle, alcoholic beverages. Department facilities shall be alcoholic beverage-free.
(d) 2-2.04 Use of tobacco/smoking, Class F. Members shall comply with state and local ordinances regulating smoking in government buildings and vehicles. Smoking will be prohibited in all city-owned and or city-operated buildings, vehicles and transportation equipment. Smoking is defined in I.C. 13-1-13-3 as "the carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment, or the inhalation or exhalation of smoke from any lighted smoking equipment." Pursuant to I.C. 13-1-13-9, this applies to all tobacco products including smokeless or chewing tobacco and vaping.
(e) 2-2.05 Telephone and home address, Class F. Members shall have telephones and shall report as soon as reasonably possible any changes of telephone numbers to the Fire Chief's office, their Battalion Chief, and their station officer. Members shall have on file their current address and shall report as soon as possible any changes of address to the Fire Administration and the City Human Resources Department, using the “change of address” form obtained on the FWFD Intranet.
(f) 2-2.06 Accepting of gifts, Class E. The accepting of money, rewards, gifts, or other valuable articles, unless of de minimus value of $50 or less per member, from any person is prohibited unless permission is granted by the Fire Chief.
(g) 2-2.07 Assigned districts, Class F. Members shall stay within the bounds of their assigned station territories unless assigned by the dispatcher, by permission of their superior officers or while assisting another unit.
(h) 2-2.08 Personal use of Fire Department property, Class E. Members shall not remove Department property for personal use without permission of a Battalion Chief or rank above.
(i) 2-2.09 Trading of time policy violation, Class D. Members shall not violate the Department’s trading of time policy.
(j) 2-2.10 False reports, Class A. A member shall not knowingly make a false report or knowingly omit to make an accurate report to the Department or knowingly enter or cause to be entered or knowingly omit to enter or cause to be entered in any Departmental books, records, or reports any inaccurate, false, or improper information. A member shall not knowingly withhold information from the Department, the Prosecutor of a case, or any Court in which the member is a witness in a matter related to the performance of their duties, unless otherwise allowed by law.
(k) 2-2.11 Driver’s license required. Members shall have and maintain a motor vehicle operator’s license that lawfully entitles them to operate a Department vehicle.
1. Any change in status to a member’s license not exceeding 30 days shall be subject to a Class E infraction.
2. Any change in status to a member’s license exceeding 30 days but not greater than 180 days shall be subject to a Class C infraction.
3. Any change in status to a member’s license exceeding 180 days shall be subject to a Class B infraction.
4. Members who fail to notify the Fire Administration immediately of a change in status to their license shall be subject to a Class C infraction.
(l) 2-2.12 EMS certification required, Class C. Members shall have and maintain a valid EMS certification at or above the level required in their conditional offer of employment or at the time of hiring by the Department. This includes EMS-EMR, EMS-Emergency Medical Technician, EMS-Advanced Emergency Medical Technician, or EMS-Paramedic License.
1. Any change in EMS certification status must be reported by members to the Fire Administration before the member works her or his next shift.
2. Copies of current EMS certifications must be sent by members to the Fire Administration as directed by policy.
3. Failure by members to restore EMS certification to or above the level required at their time of hire within 90 days will result in a Class B violation.
4. When A-EMT or P-EMT certification is a condition of employment, members have two years from the date of employment within which to obtain such certification within the standards set by the Fire Administration. Violation of this provision is a Class A infraction.
(m) 2-2.13 Gear on apparatus, Class F. Gear must be on the assigned apparatus by the assigned starting time. Members reporting for their assigned shift shall properly store the gear of the member they are reliving from duty. If relieving a member of a previous shift, their gear will be removed completely and stored properly.
(n) 2-2.14 Purchases and disbursements, Class C. Members must have written approval from the Fire Chief designee or the Fire Chief prior to entering into any financial transaction on behalf of the Department.
(3) Section 3 - Neglect or disobedience of orders.
(a) 2-3.01 Obedience of orders, Class E. Members shall obey orders, directions, and instructions of their superior officers. When members are acting under the orders of one supervisory officer and are then given an order by another supervisory officer, they shall immediately report the first order to the second supervisory officer and then abide by the decision of the second supervisory officer. A member who violates this rule while under Garrity commits a Class B violation.
(b) 2-3.02 Emergency duty, Class D. Members shall be available for emergency duty, as defined by applicable state law or city ordinance, on notice by the Fire Chief or their duly authorized representative. Failure to respond to emergency duty shall be considered disobedience of orders.
(c) 2-3.03 Senior officer at scene, Class F. Either the incident commander or highest-ranking officer on the scene shall assume overall responsibility.
(d) 2-3.04 Incident numbers, Class F. Members shall log all incident numbers accordingly on incident reports regardless of disposition.
(e) 2-3.05 Safety equipment, Class E. Members will make proper use of available safety equipment, including seat and shoulder restraints, when operating or riding any city vehicle. Members shall not disable any safety equipment.
(f) 2-3.06 Answering station phones, Class F. All telephone calls received must be answered in a proper and courteous manner. When answering, members must state their name and the station number.
(g) 2-3.07 Statements while under Garrity, Class A. When answering questions in an administrative matter under Garrity, members shall provide truthful responses. Failure to do so is a Class A offense. A refusal to answer constitutes a violation of 2-3.01.
(h) 2-3.08 Contact with complaining parties - Class D. Once members are notified by the Fire Administration that a written and signed allegation of misconduct has been lodged against them, members shall use all reasonable means to avoid contact, of any nature, including contact through third parties, with the complaining party or parties. A member who is the subject of an allegation of misconduct who is unrepresented by an attorney or the Union must notify the Fire Administration in writing at least 24 hours in advance of contacting potential witnesses.
(i) 2-3.09 Obedience to Department policies and procedures, Class F. Members shall follow all procedures and policies of the Department that pertain to the division to which they are assigned and those that, in general, pertain to all members that are not specifically covered anywhere else. Violation of policies and procedures is a Class F violation unless otherwise stated in these rules. Members are subject to all city employment policies that are not in conflict with a specific Department policy or the collective bargaining agreement between the Union and the city. The following Department policies have specific discipline sanctions other than a Class F violation:
POLICY # | POLICY NAME |
POLICY # | POLICY NAME |
3-0001 | Collision/accident review |
3-0008 | Anti-discrimination/harassment |
3-0016 | Hazardous material competency and certification |
3-0034 | Personal day |
3-0036 | Annual physical exam |
3-0043 | Sexual harassment |
3-0049 | Trade of time |
3-0051 | Vacation draw |
3-0053 | Possession of weapons |
3-0056 | Hireback program |
3-0057 | Joint Apprentice Training Program |
3-0074 | Emergency time off |
3-0077 | Computers and city technology |
3-0078 | Late for duty |
3-0079 | Medical absence |
3-0080 | Drug testing |
3-0086 | Fire Department vehicle use |
3-0090 | Recording equipment |
3-0093 | Automatic Vehicle Locator (AVL) system |
3-0094 | Request for patient information |
(j) 2-3.10 Computer policies - Class B. Members shall adhere to Department computer and technology policies.
(k) 2-3.11 Weapons policies - Class B. Members shall adhere to Department weapons policies.
(4) Section 4 - Incapacity.
(a) 2-4.01 Fitness for duty, Class A. Members shall maintain good physical and mental condition at all times. If circumstances reasonably indicate a need, the Fire Chief may order the member to take appropriate tests to determine the member’s fitness for duty. If a member refuses such order, that refusal is a violation of this provision. In addition, a member who exhausts all paid sick time relief and is unable to return to active duty shall be in violation of this provision.
(b) 2-4.02 Intoxicants, Class B. Members shall not consume intoxicating beverages while on duty. Members shall not consume intoxicating beverages in uniform without prior approval of the Fire Chief.
(c) 2-4.03 Intoxicants (appearance for duty), Class E. Members shall not appear for duty, be on duty, or be in a city-owned vehicle with the odor of intoxicants on their breath or body. Blood concentration testing resulting in above 0.0 but less than .02 shall result in a violation of this section.
(d) 2-4.04 Submission to testing, Class B. Members suspected of being under the influence of intoxicants while on duty will submit to a breath test on either a portable breath test unit or the current model of breathalyzer used by the Fort Wayne Police Department. Test results will be made a part of the member’s disciplinary file.
(e) 2-4.05 Intoxication, Class B. Members shall not have an alcohol concentration of .02 or greater while on duty.
(f) 2-4.06 Alcohol assessment, Class C. Members who have incurred a final finding of a violation of 2-4.02, 2-4.03, 2-4.04, or 2-4.05 must submit to an assessment by a substance abuse counselor identified in the Employee Assistance Program.
(g) 2-4.07 Driving while intoxicated.
1. Members, on or off duty, shall not operate a vehicle while under the influence of drugs or alcohol. Conviction of an offense related to driving while intoxicated under state law shall be sufficient evidence to sustain a charge under this section.
2. Members charged with driving while under the influence of drugs or alcohol will be automatically suspended without pay, without appeal, for a period of 240 hours for a 24 hour member and 172 hours for a 40 hour member.
3. If a member’s driver’s license is suspended in excess of 30 days for reasons related to a charge of driving while under the influence of drugs or alcohol, the member will be subject to additional penalties as provided in the rules regarding members’ driver’s license requirements.
4. Members also may be subject to additional penalties related to criminal or administrative charges following the completion or discontinuation of any criminal case related to driving while under the influence of drugs or alcohol.
(h) 2-4.08 Possession and use of controlled substances, Class A.
1. Members shall not possess or use any controlled substances, except as legally prescribed for the member by a health care provider. The charging of a member under this rule shall be undertaken only after the completion of an appropriate test as identified in the Department’s drug testing policy.
2. Members, one time during their career, prior to taking a drug test, may self-report an issue with illegal drugs (that is, that they will likely fail the test) and then enter into a drug-cessation/recovery program at the city’s expense. Members who invoke this option shall be on unpaid suspension for 240 hours for a 24 hour member and 172 hours for a 40 hour member and agrees to release to the Fire Administration their records related to the member’s treatment and status in the drug-cessation/recovery program.
3. The Fire Chief may petition the Commission to extend the suspension period for reasonable cause.
(i) 2-4.09 Sick time abuse, Class F.
1. Members shall not abuse sick time. Examples of abuse shall include:
a. Being denied paid leave, then calling in sick;
b. Being unable to contract for time off, then calling in sick;
c. Patterns of calling in sick on particular days of the week;
d. Patterns of calling in sick on days before or after vacation days; or
e. Five occurrences of sick time off within a 12 month rolling period.
2. A “pattern” is defined as three or more call-ins under the circumstances stated above in a 12 month rolling period. An “occurrence” is defined as one sick call-in, whether for one or multiple consecutive assigned shift days. An “occurrence” does not include injuries or illnesses sustained on duty or in the performance of a sworn duty.
3. Battalion Chiefs, Captains, and Lieutenants shall monitor use of sick time and report abuse in writing through the disciplinary process. However, allegations of misconduct based on sick time abuse shall be forwarded directly to the Commission rather than the Fire Chief. The Commission shall hold a hearing regarding the allegation in executive session and shall make its determination, considering any possible mitigating factors.
(j) 2-4.10 Outside employment or other activity while on medical leave - Class E. Members may not engage in outside employment or other activity while on medical leave that would conflict with their regular Department work schedule if they were actively at work, unless otherwise allowed by Department SOP or applicable law. If the outside employment or other activity is determined by a medical professional to interfere with rehabilitation, the Fire Chief may require that members not work their outside employment or engage in the activity for the period recommended by the medical professional. The Fire Chief, at the Fire Chief's discretion, may require the member to submit to evaluation by a medical professional(s) selected by the city, at the city’s expense.
(k) 2-4.11 Tattoos - Class B. While wearing the Class B uniform, long sleeve shirt, tattoos shall not be visible. The only exception is a wedding band tattoo on a finger.
(5) Section 5 - Absence without leave.
(a) 2-5.01 Reporting late for duty, Class F. Members shall report for work as scheduled on time unless excused by the Fire Chief or the Fire Chief's designee. Violations of this rule are subject to the SOP regarding reporting late for duty.
(b) 2-5.02 Absent without leave and missed time, Class C. If Members are scheduled to work, regular or contract, and fail to report to work, they will be considered absent without leave as stated in the SOP regarding reporting late for duty.
(6) Section 6 - Conduct injurious to the public peace or welfare.
(a) 2-6.01 Emergency runs, Class E. No emergency run shall be made unless emergency lights and siren are in use. Members shall proceed with due caution and not at excessive speeds in accordance with Indiana Code. If instructed to shut down early, both lights and siren shall be shut off.
(7) Section 7 - Conduct unbecoming.
(a) 2-7.01 Sexual activity, Class B. While on duty, members shall not engage in any form of sexual activity.
(b) 2-7.02 Improper conduct, Class D. Members shall not engage in any act or conduct that is unethical, or tends to harass, intimidate, demean, debase, ridicule, disgrace or degrade any other person.
(c) 2-7.03 Physical altercation, Class C. Members shall not physically shove, strike, or engage in any physical altercation directly or indirectly with any person without legal justification.
(d) 2-7.04 Harassment, discrimination, intimidation, Class C. Members shall not engage in sexual harassment, discrimination, or intimidation as prohibited by applicable city, state and federal laws and the Department’s standard operating policies and procedures.
(e) 2-7.05 Misdemeanor conviction, Class B. A member convicted of a crime that is a misdemeanor under Indiana law shall be charged with a Class B rule violation. A member charged with a crime that is a misdemeanor under Indiana law may be relieved of duty with pay, suspended without pay by the Commission upon petition by the Fire Chief, or temporarily placed in a non-investigative, non-operations position, except that a member charged with an OWI shall be subject to unpaid suspension as stated in 2-4.07.
(f) 2-7.06 Administrative misdemeanor, Class C. A member found, after an internal investigation, to have engaged in an act that is a misdemeanor in Indiana and is not convicted of the misdemeanor shall be administratively charged for disciplinary purposes.
(g) 2-7.07 Felony charges, Class B. A member shall be suspended with or without pay during any period the member stands charged with a felony criminal offense. The Fire Chief may petition the Commission to suspend the member without pay. Nothing in this section shall prevent the suspension or termination of a member for violation of any other rule or policy or the suspension or termination of the member in the event of a conviction.
(h) 2-07.08 Administrative felony, Class B. A member found, after an internal investigation, to have engaged in an act that is a felony and is not convicted of the felony shall be administratively charged.
(i) 2-7.09 Felony conviction, Class A. A member convicted of a felony shall be subject to a petition for dismissal. A certified copy of the judgment indicating conviction shall be considered prima facie evidence of a violation of this rule.
(j) 2-7.10 Insubordination, Class E. Members shall at all times exhibit respectful and professional demeanor regarding supervisory officers.
(k) 2-7.11 Patient confidentiality, Class B. Members shall not disclose protected patient health information.
(l) 2-7.12 Compromising the hiring and promotion process.
1. Members who falsified their application materials presented during the hiring process or cheated on any element of the hiring process shall have committed a Class A offense.
2. Members who assisted a candidate for hire to cheat on any element of that candidate’s hiring process shall have committed a Class A offense.
3. Members who cheated on any element of the promotion process shall have committed a Class C offense, shall be precluded from the promotion process immediately and for a period of five years and, if they hold rank, shall be demoted to the merit rank below.
4. Members who assisted a candidate for promotion to cheat on any element of the promotion process shall have committed a Class C offense, shall be precluded from the promotion process immediately and for a period of five years and, if they hold rank, shall be demoted to the merit rank below.
5. Candidates for promotion who receive information from a member or other source not legitimately available otherwise that would give them an unfair competitive advantage but who do not use such information in any way, whether to their advantage or not, shall not be subject to disciplinary action under this provision, provided that, prior to the element of the process for which the information might be used, the candidate discloses in writing to the Fire Administration the identity of the member or members who furnished the information and a description of the information furnished. In addition to not being subjected to disciplinary action, candidates shall not be eliminated from the promotional process unless for some other reason.
(Ord. G-22-22, passed 12-13-22)