FIRING VOLUNTEERS

FIRING VOLUNTEERS

VOLUNTEERS CORNER

In spite of your best intentions, your ability to motivate, and your efforts to retain personnel, a time will come when you must dismiss a member of your department. In the past, volunteer and on-call departments have been able to fire people at will, with no threat of recourse from the individual. But times are changing. Firefighters from on-call and volunteer departments who believe they have been wronged are challenging their dismissals with legal actions. Departments, therefore, must protect themselves from liability in such situations.

Some fire departments don’t perceive the possibility of wrongful discharge lawsuits as a threat. They mistakenly believe that no one would sue a volunteer fire department or that no one would sue to get back a lowpaying job with few benefits.

An individual rarely is dismissed for a first-time violation or offense. Essentially, a firefighter can be fired for one major offense or a collection of minor offenses. A department often will tire of an individual’s ongoing discipline problems and will attempt to dismiss the individual, but unless proper documentation and due process have been followed, the department will be hard-pressed to defend its actions should the issue be challenged in court.

MUCH CAN BE LOST

Should a dismissed firefighter seek rented) through the courts, a fire department could suffer substantial losses. Great amounts of time and energy are involved in preparing for the case. And if a ruling were made in favor of the dismissed individual, the department could be ordered to make financial restitution.

The department also may incur unfavorable publicity. A dismissed firefighter may claim that his only desire was to serve his community— for free. Who will look like the bad guy until all the facts are known?

Also, do not underestimate the benefits a firefighter derives from being part of a volunteer or on-call department. He enjoys the status, social activities, camaraderie, and challenge, as well as the sense of belonging to a respected organization. The firefighter also might be using the experience to become better prepared for a paid firefighting position. An individual fired from any type of fire department will find the search for a full-time firefighting job very difficult at best. Any reference check that turns up a dismissal almost alw ays disqualifies the candidate. Such considerations may prompt individuals to challenge their dismissals. Since the potential for challenge exists, the department must expect it to happen sooner or later.

ESTABLISH A CODE

You must establish comprehensive rules and regulations (referred to as bylaws in some organizations) that set guidelines for acceptable member behavior. You also must institute a due process for enforcement of these rules, including steps for discipline and a grievance procedure. Any firefighter should know where he stands with respect to the rules and what is expected.

The rules can pertain to relatively minor items, such as keeping shoes polished; common sense items; or major offenses, such as drug and alcohol use and abuse. They also should make reference to department policies, procedures, and directives or special orders. Rules must be comprehensive, yet flexible enough to be adapted to changes. No one can draft rules and regulations that are allinclusive, so include some general statements to cover unanticipated events.

Rules should cover the disciplinary process so department members understand the charges and the punishment. Accusations can involve any violation of the rules or accepted standards of behavior. Punishments can include oral and written reprimands, suspension, or dismissal. Depending on the violation, any of the above may be appropriate. For minor violations, a verbal warning is sufficient. Serious infractions require more severe penalties.

A progressive discipline policy generally is preferable. Begin with light disciplinary actions and work toward more severe alternatives, up to and including discharge. The purpose of discipline is to change behavior from negative to positive. When disciplining fails, however, dismissal is the only answer.

Carefully document the steps taken prior to dismissal. Such information is crucial when it becomes necessary to discharge personnel. This documentation is not easy to obtain. An officer sometimes is reluctant to “wTite up a buddy,” or department heads often believe that further action will not be necessary because the violator has been “cured” and has promised to do better.

The aggrieved firefighter may admit to the undesirable behavior but may argue that due process wasn’t followed or the punishment doesn’t fit the crime. When exacting discipline, you must follow your procedure and determine the appropriate course of action.

The rules must include a grievance process that allows the aggrieved the opportunity for a “day in court” within the department. The steps of the grievance may include appeals to the fire chief, the city manager, the mayor, a fire department grievance board, or an arbitrator. The more opportunities given to the firefighter, the less the risk that a dismissal will be challenged in court.

There are many good examples of rules and regulations. Don’t be afraid to ask other departments for a copy of theirs. Once the system is in place, make sure everyone understands and has access to these rules and regulations; better still, give each department member a copy. Send the message to members that although the department will do all it can to keep its firefighters, there is a breaking point. Make sure they know what that point is.

BE FAIR AND CONSISTENT

Since there is a fine line between doing your job and being overly aggressive in enforcing rules, avoid creating an atmosphere that may be perceived as threatening to your members. Do not create the impression that the department is “out to get” anyone or that its leaders are unreasonable in matters involving dismissal of personnel.

Volunteer and on-call departments usually discharge personnel for two reasons: The firefighter no longer has the time or energy to do the job, or the firefighter is causing problems. In the first case, the firefighter usually is very popular but has run into problems try ing to keep up with the department. He may not be able to respond as often as required (because of an increase in department activities or changes in priorities), or he may not desire to undertake die necessarytraining to keep up with the changes in the fire service (EMS, hazardous materials, etc.). When the individual’s behavior becomes disruptive to the department or participation is not adequate, these situations must be improved or the firefighter should quit. Many times, unfortunately, neither occurs and the fire department is forced to take action. This creates a delicate situation that must be handled properly so that the disruption to the department is kept to a minimum and a “martyr” is not created. Again, records of warnings, documentation of actions, and consistency in approach are important; the individual must know what is expected and be given time to improve.

Be as consistent as possible, and take into consideration the individual’s length of service and contributions to the department. Determine whether the department would be better or worse without the individual; don’t be influenced by the individual’s personality. Consider the examples being given and the precedences being set. If you decide to discharge the firefighter, offer the member the option to resign. A voluntary letter of resignation would be better for all involved.

Even in the case of the department member who intentionally may be “rocking the boat” to test the system or who may be incompetent, seldom is there one serious act that automatically mandates dismissal. Careful documentation of the incidents and actions taken are crucial in these instances. Disciplining and keeping documentation take time and energy. Gathering the evidence may be difficult for volunteer or on-call fire departments, where both these commodities may be scarce, especially during a 3 a m. incident. Officers and other department members often arc very busy and don’t have the time to “write up” infractions of the rules. However, rules for order and behavior must be followed, and they are bound to be tested some time. When they are, following properly established rules can help you avoid a legal challenge.

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