BY MICHAEL P. DALLESSANDRO

When I took my first paramedic training program, the instructor, who was also my seventh grade English teacher, offered us some words of wisdom regarding his views about documentation of patient care.

“If you don’t write it down, it didn’t happen,” he said.

What he meant was that if you performed CPR on a dying patient and made your best effort to save that person’s life but failed to note the CPR on the patient-care form, a lawyer representing that person’s family may contend you did not perform CPR at all, and disputing this contention could prove difficult.

Another way to put this training mantra, which also happened to be the slogan of a local printing company, was “Verbal orders don’t cut it; write it down.”

The key point is that documentation is vital in any matter that may become contentious down the road. It is worthwhile to review proper procedures to document and hopefully correct member or employee conduct and disciplinary issues in a nonconfrontational manner, while at the same time providing you the teeth you need to obtain a final resolution if the situation is not corrected or worsens.

While the procedures detailed here may in many cases be legally required in dealing with employee conduct issues, they are equally valuable in dealing with volunteers. Therefore, in this article, the procedures are recommended for volunteer as well as paid personnel.

WRITTEN WARNINGS CARRY WEIGHT

Has this scenario happened to you? One of your subordinates is chronically late. Numerous times you have spoken to this person about the importance of arriving at work on time for change of shift, all to no avail. You finally run out of options, and you want to refer him to district commissioners, a review board, or your boss’ office for disciplinary action such as a suspension.

You meet with your supervisors, your tardy employee, and possibly the union representatives, only to be smacked down because they claim the employee has never been warned about being tardy. Unfortunately, you have nothing other than your word and the look of frustration written all over your face to serve as proof that you have met with the employee many times. At that point, without any written documentation, the employee probably will walk away with only a slap on the wrist.

If this sounds familiar to you, then you should know how to write and use a counseling memo.

It does not matter if your department is volunteer, combination, or fully paid. The type of scenario mentioned above can occur in any organization. In the volunteer sector, the same type of scenario can play out in firematics or possibly through a violation of house rules.

Your department may allow members to wash their personal autos in the station, but the same rules may restrict repairs to personal autos. You might tell a member two or three times to stop doing repairs before suspending privileges or seeking disciplinary action, but how do you prove that member was actually told to stop?

Disciplinary matters in the fire service have always been a sensitive minefield requiring careful moves on your part. In the volunteer world, many command or leadership positions are elected on an annual basis. The person you have to discipline or at the very least request to “shape up” could very well be a person who could run against you come the end of your firematic year. In the paid setting, you might have to live and work side by side for extended hours with the very same person who needs to change his conduct.

In any case, documentation of your actions through a counseling memo can help you in two ways: The memo can provide you with the history you need to get resolution; it also can prove to superiors that you have been patient and even supportive of the person in question and have given him many chances to improve the behavior before you kicked it up a notch and requested some type of “official” action.

COUNSELING MEMO VS. WRITTEN WARNING

Many sections of civil-service law, union contracts, and department constitutions and bylaws spell out exactly how verbal and written warnings can be used when dealing with members. The counseling memo should not be confused with a written warning, although if you read between the lines, the memo can definitely lead to more definitive action in accordance with collective-bargaining agreements, laws, policies, and procedures. The primary purpose of the counseling memo is to document that you and the individual in question have spoken about a specific behavioral, procedural, or safety matter.

To take things a bit further, the counseling memo can also reinforce policy or best practices so these are clearly understood. Ultimately, a properly written and executed counseling memo can make you as the supervisor/officer better prepared and well documented if the tardy employee scenario I referenced above plays out in your department in the future.

When an issue arises that you as the supervisor/officer feel is important enough to mention to the member, you should arrange to speak with the person in your office or another appropriate location. Airing concerns that could become disciplinary in the truck room or sitting in the dayroom to discuss personnel matters is a poor practice.

The mood should always be friendly and positive. Remember, this is not personal. You are simply restating policy or procedures for the employee and would do the same regardless of who did or did not follow the procedures. Whenever possible, offer to the member the option of having union representation present if the workforce is unionized. If not, keep your office door open to ensure a disgruntled individual does not accuse you of saying anything inappropriate or abusing your position.

Present the facts as you know them. Be direct and honest, and allow the individual to ask questions. If you have a policy and procedures manual or standard operating procedures (SOPs) that support the issue at hand, have them ready to show the member. Thumbing through pages of books trying to find the section you are referencing while the individual is sitting there only makes you appear disorganized and can frustrate all parties involved.

Any dialog during a meeting or counseling session should be a two-way conversation. Give the individual the chance to speak to the points you are making. Even if the person does not agree with you, the policy, law, or procedure gives the person or his representatives the chance to present their opinion and version of the events that led up to your meeting.

DON’T PUT THINGS OFF

We are all busy people, but try not to let too much time lag between the meeting and your counseling memo. The memo will be your proof that the meeting was held and of what was discussed and possibly how you want changes implemented. Allowing time to lag may send a message that the issue was not really as important as you made it out to be. Also, delaying the memo may allow the employee to continue the behavior until the memo is received.

Regarding the wording of the memo, the first thing to remember is that the memo should always be referred to as a counseling memo. If the letter is labeled a “warning,” labor unions may have issues with it, and it may violate civil-service laws in some areas.

The memo should clearly state the reason for which it was written, such as the behavior you discussed and want corrected or modified. Including the individual’s responses in the memo is appropriate; however, do not dedicate the largest portion of the memo to the response. Keep in mind your goal is to restate your policy or procedure.

It is very important to clearly specify what you want the individual to do to correct or modify the behavior. This prevents the member from claiming in future meetings or disciplinary actions “I was never told that.”

It should be clearly stated that failure to follow the course of action or improvement laid out or called for during your face-to-face meeting and specified in the memo “may” lead to actual disciplinary action. Be sure to use the word “may” because the counseling memo is not a disciplinary action. Also, many officers or supervisors cannot arbitrarily hand out discipline without going through other channels or proceedings. Don’t threaten something you cannot deliver.

MAINTAIN PRIVACY

Counseling memos should be treated as personnel matters and, therefore, are confidential. Make every effort to clearly mark on the memo that it is personal and confidential. Copies should be provided only to the member and his union representatives, if applicable.

Maintain one copy in the personnel file. Although there is nothing wrong with keeping proof of a conversation or a meeting in a personnel file, in a paid department, check with your operations union stewards and contract. They may require a provision that allows the employee to staple a written statement or response to the memo before it is filed. Keep in mind at all times that your goal with the memo is to correct behavior or instruct on policy or procedure, not to discipline or punish.

Counseling memos in most cases have distinct rules that distinguish them from written warnings. Never use wording in a counseling memo that refers to a reprimand or formal written notice. A person should never be accused of insubordination or have his behavior characterized as insubordination, incompetence, misconduct, or neglect of duty. These are all very serious phrases that should be used only during official disciplinary proceedings.

The counseling memo is one more tool to help your members improve their ability to serve the department and the community. If you would like a sample of a counseling memo, e-mail me at MPDBUS1@aol.com.

MICHAEL P. DALLESSANDRO is a 22-year veteran of the volunteer fire service and a life member of the Grand Island (NY) Fire Company, serving on its board of directors. He is an experienced conference speaker and trainer for the fire service and the public transportation industry, a certified commercial vehicle driver trainer, and a public school administrator.

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