RESPONDING TO A PROBLEM FIREFIGHTER
BY JOHN M. BUCKMAN
You just learned from an angry officer that a firefighter, who happens to be female, has flagrantly violated fire department rules. This isn`t the first time that this firefighter has challenged her officer, who happens to be male. Past breaches haven`t been handled well by the officer; he needs help and is in your office to get it.
Word of the infraction has spread past the station and out to other department members who were not involved or present during the incident in question. The firefighters are watching your move and expect some type of action. What do you do?
PRIMARY CONSIDERATIONS
There are several questions you should ask yourself before deciding on a course of action or maybe even getting involved at all.
Determine if there is a real problem or a mere personality conflict. Discuss the incident face-to-face with the supervisor only after he calms down. Make sure emotions are not involved and that possible prejudices haven`t distorted the facts. If possible, speak to other firefighters who witnessed the incident or who were indirectly involved. Speak with someone you can trust.
Triage the problem. Use your tactical skills from the emergency side of our work. Determine if the firefighter`s actions are creating an immediate threat to herself, to others, or to the department. If there is an immediate threat, including one to the department, then the type of action you take might change. If there is not an immediate threat, you can be more methodical and act more slowly. Don`t let outside forces pressure you into a heavy-handed response.
Talk with the firefighter involved right away. There is nothing more demoralizing to the firefighter involved than to know that an investigation is ongoing and that she has not been interviewed for her version early in the incident. It is important to hear both sides; the supervisor has already told you his side. Be prepared to hear a story quite different from the supervisor`s. Each of the involved parties has his own perception of the facts. The truth is likely to be somewhere in the middle. Listen carefully, and take notes. Such meetings can be difficult, but they give you an excellent opportunity to defuse the situation. Furthermore, your thoughtful handling of the firefighter will demonstrate the department`s good faith and fairness.
Have a witness. During meetings of this type, it is imperative that not only you and the other party be present. The accused has a right to a witness, and you, as the chief, have the right to a witness. The witnesses make it easier to document the facts.
Document. Document. Document. In-sist that the supervisor document what happened with dates, times, witnesses, and impact. The report should also reveal the history of previous warnings and disciplinary actions for related events. Ask the firefighter to provide a written statement documenting her version of the incident. Take notes whenever you speak to anyone about the matter. Place in the records a draft of a memorandum covering each meeting with the involved parties.
Determine past actions in similar circumstances. The law won`t prevent you from managing firmly as long as you`re consistent. Be certain that you know of any past exceptions, since your firefighter almost certainly will. Review the history of this firefighter`s performance reviews. Don`t be surprised to discover years of satisfactory or even glowing evaluations written by officers who lacked the desire or the courage to confront poor performance.
Examine your responsibility for the problem. For obvious willful misconduct such as insubordination, theft, or fighting on duty, the need for discipline is obvious. Appropriate responses to substandard performance are more difficult to discern. For example, does the firefighter simply need up-to-date training? Does she really know what`s expected of her and that what she did was wrong? Is she properly equipped, supervised, and supported? Has she been given clear, complete instructions and a reasonable amount of time to complete the job properly?
Decide on response. Once you have all the appropriate information, decide on a response that both fits the offense and is consistent with past practice. This is not the time to begin using new or more severe disciplinary actions that you`ve applied to other firefighters.
Get help. If serious disciplinary action is called for, discuss the case with a competent attorney before you discipline the firefighter. The cost will be a small fraction of the expense of even an easily defended case. Don`t forget that lawsuits against fire departments end up in the media. Even when such suits are dismissed, the publicity can darken the image of the fire department and embolden other firefighters to take legal action.
Take action. Once you and your advisors decide on a course of action, don`t let it drag on. Tell the firefighter what was done wrong and what the discipline will be. Document the discipline carefully. De-scribe all the corrective training and opportunities to demonstrate improvement that will be offered to the firefighter. Delineate the new behavior the firefighter is expected to demonstrate, establish the criteria you`ll use to evaluate that behavior, and schedule a number of follow-up meetings at which you`ll provide feedback on the new behavior. Have the firefighter sign the document.
Maintain confidentiality. Besides protecting the firefighter`s privacy and reputation, confidentiality reduces the chance that fellow firefighters will encourage retribution. Discipline should always be undertaken with rehabilitation as its central purpose. You`re more likely to get the firefighter back on track if you treat her firmly, yet with professionalism and dignity.
Reduce the chance this will happen again. Take these steps to reduce your chances of being charged with discrimination or other lawsuits and to increase your chances of surviving such an accusation:
–Communicate clear, written rules of conduct.
–Document the quantity and quality of work expected of firefighters.
–Conduct face-to-face performance review meetings with firefighters at least once a year.
–Train your supervisors in leadership and communication skills.
–Train your supervisors in employment law, emphasizing cultural diversity, uniform and consistent discipline, and conflict resolution.
–Establish and support a formal grievance procedure that encourages conflict resolution and mediation at the lowest level possible.
–Monitor your department`s disciplinary actions to ensure that no class of firefighters is being disciplined disproportionately.
–Insist that your supervisors document all exceptional firefighter behavior–bad and good.
–Know employment law.
–Don`t tolerate discrimination anywhere in your department.
JOHN M. BUCKMAN, a 29-year veteran of the fire service, has been chief of the German Township (IN) Volunteer Fire Department since 1977. He is second vice president of the International Association of Fire Chiefs and is an adjunct instructor in residency programs at the National Fire Academy. He is an editorial advisory board member of Fire Engineering.
