Written Directives, EDPP and Customer Service

1. Written Directives, EDPP and Customer Service Officer Development School 2013

2. Legal Stuff • SOPs • FD Rules • FD Administrative Directives • City Administrative Policies • Civil Service Rules • Henderson Municipal Code • Nevada Revised Statutes • NRS 288 • Labor Agreement

3. Captain’s Role • Job Description: Enforce sops and rules. • Rule #1: “All members shall follow the sop manuals and written directives of both the HFD and the City.” • Rule: All members shall obey the law.

4. SOPs • Guidelines to help you operate effectively. • Procedures required by law (OSHA). • Procedures required by CAAS and CFAI. • If you deviate, be able to justify with sound business reasons. • Change model- WPOC

5. HFD Rules • Extension of the Labor Agreement (Art. 23) • Change model- Union leadership and Fire Admin. • Deviate only with permission of BC.

6. Administrative Directive • Issued by the Fire Chief. • Policy must be implemented immediately. • Cannot wait for FD change process (WPOC). • To be revisited during next WPOC meeting.

7. Admin Policies • City wide, apply to all employees. • Change model- City may change at any time. • What about conflicts with Contract or FD rules? Ex. Drug Policy.

8. Civil Service Rules • Henderson Municipal Code. • Civil Service Board. • Ratified by Council. • Originated prior to NRS 288. • Contract supersedes- any matter touched upon….. • Why Civil Service?

9. Labor Agreement • Supercedes other written directives. • Contains rules of conduct, for example: sick leave use, abuse. • How to handle employee challenges based upon contract? • Work now, grieve later. • Insubordination can cause serious problems for an employee, even when he/she is correct about a conflict.

10. Conflicting Directives • City Admin policy on OT vs Labor Agreement OT article. • Civil Service Rules on discipline vs. EDPP. • Civil Service Rule on Nepotism vs. City Admin policy on Nepotism. • HFD drug policy vs. City Admin policy. • Labor Agreement rules (unless illegal). • Captain- when in doubt, ask (chain of command).

11. Nevada Revised Statutes • Must obey the law- on and off duty. • Candy bar issue- Supreme Court ruling. • Even if not prosecuted. • Do not engage in illegal activity off duty. • “Double” do not engage in illegal activity on duty.

12. Do • Know the City written directives. • Know the Department’s written directives. • Ensure that employees adhere to them. • Treat all employees equally. • Lead by example. • Take ownership- make it important in your station because it is important to you.

13. Don’t • Rely on ignorance of written directives. • Pretend you don’t know they are being violated. • Pick and choose which employees have to follow them. • Pick and choose which directive to follow. • Conspire to hide inappropriate activities. • Forget- if you are aware, you are either part of the fix or part of the problem.

14. Consensus Process • Fire Admin, HR, Fire Union (1999). • Dozen meetings. • Copied from LVFD program. • Ratified by Union membership. • Part of contract. • Changes to be negotiated. • Revised 2003

15. Summarize Written Documents Any Questions?

16. EDPP • Why do we have it? • “Just cause” language • 7 tests • Books and books of case law. • Ambiguous • How do you handle various, unrelated problems from one employee? • 15 minutes late today. • Vehicle accident next week. • Lost equipment next month.

17. 2 Ways to Handle Problems • Informal Process • Formal Process

18. Informal • Coaching • Training • Remove obstacles • Provide Feedback • Arrange for consequences • Counseling Session • documented • 6 month life span

19. Formal • Step 1 • Written notice. Life span of 6 months. • Step 2 • Written notice up to 1/2 shift w/o pay. 9 months. • Step 3 • Suspension, half shift to one work week. 12 months. • Step 4 • Decision making leave. One shift with pay. 12 months.

20. Problems • 3 Categories • Conduct • Attendance • Performance

21. Conduct • Insubordination • Substance abuse • Fighting • Threatening • Dishonesty • Theft • Misconduct

22. Attendance • Tardiness • Absenteeism • Abandonment

23. Performance • Appearance • Safety • Performance of Duties

24. Complex Problems • An employee’s behavior may demonstrate problems in more than one category. • Ex. Tardy employee who threatens supervisor when confronted. • Ex. Employee who lies to cover up a problem. • Can receive discipline in more than one category.

25. Supervisor’s job • First step……always get the facts. Called “information gathering.” • Make a decision: Use informal or formal process? • What about official reports? • Can help avoid “he said, she said.” • Remember: Facts, facts, facts.

26. If Formal • Investigative Interview • Use the decision making process (algorithm). • Administrative Hearing, if above Step 2. • Documentation

27. Investigative Interview • Formal meeting • Conducted by Captain and BC (usually). • Notify employee of date, time, location. • Ensure employee has time to secure a union rep. • Agenda/outline • Problem is identified, facts discussed.

28. Interview cont. • Employee afforded the opportunity to provide an explanation. • Can provide written follow-up within 48 hours. • Feedback- communicate results ASAP. Follow up with discipline meeting

29. Decision • Use algorithm • How serious is the offense? • What is the impact of the offense on the FD? • Algorithm- points to an appropriate range of disciplinary actions.

30. Algorithm • Considers 3 Factors • Safety (see questions) • Honesty (see questions) • Was there a negative impact on FD operations?

31. Severity • Minor or Major? • Minor • not severe, temporary in nature, does not result in undue cost or liability to the FD or City. • Major • severe, long-lasting, or results in undue costs or liability.

32. Which Action? • Always use the lowest action necessary to change behavior. • Some actions are so severe or immediate in nature that progressive discipline is not possible. Ex. Do not have to a step 1 before a step 2. • Candy bar?

33. Matrix • Xs in a box. • Side: Counseling, Step 1, Step 2, Step 3, Step 4 • Heading: Conduct, Attendance, Performance.

34. Rules • #1 Active life span. • #2 Life spans are subject to linking. • Ex. 3 months into a Step 1, a Step 2 occurs. Both remain “active” now for 9 months. Times are not added. • #3 Total number of active actions in any given step is limited.

35. Rule #3 • Counseling- one per category. • Step 1- no more than 2 total. • Step 2- no more than 2 total. • Step 3- no more than 2 total. • Step 4- no more than 1 total.

36. Goals • Prevent repetitive disciplinary actions (fix the problem). • Handle each behavior on its own merits. • Focus on behaviors, not personalities. • Consider the employee’s overall job performance. • Administer discipline fairly and equally.

37. Administrative Hearing • Required if discipline will involve greater than a step 2. • Formal. Employee and union notified in writing. 7 day notice. • Conducted by Fire Chief or designee. • Employee may respond verbally or in writing to charges. • Decision within 15 days.

38. Discipline • Handed out in a formal meeting. • Documented on form. • Counseling- supervisor for 6 months. • Steps 1-4 with BC and in HR file for active life span. • Can be removed from HR file upon written notice to HR Director. • Active dates included.

39. Termination • Not considered a discipline step. • Consequence of a one time serious event or from an employee’s continued failure to accept responsibility for eliminating problems or failure to meet management expectation. • In cases where serious discipline is indicated by termination may not be warranted, demotion may be considered.

40. Criminal Stuff • Garrity Rights- prohibits the use of statements gathered during an investigation in subsequent criminal proceedings. • All matters criminal in nature and matters related to harassment (sexual, racial, violence, etc) shall be referred to the Fire Chief and forwarded to the Director of HR.

41. Union Representation • Employee’s option to have present during interviews and meetings. • Not required for informal meetings (coaching and counseling). • Formal discipline is grievable per Union Contract. Coaching/counseling not.

42. Cadets/Rookies • State law and the Union Contract provide for a 12 to 15 month probation period. • By the end of probation a decision will be made to “confirm” or “non-confirm” your continued full time employment. • This is not termination, not discipline, and not grievable.

43. BCs Role • Ensure EDPP is administered fairly and equitably. • Similar discipline for similar offenses. • Ensures process is followed. • Coordinates with Deputy Chief on matters that will require an Admin Hearing.

44. Captain’s Role • Get the facts. • Informal- train, coach, counsel. • Know when an issue may warrant formal process, know how to initiate ( contact BC). • Create an environment of trust, respect, and professionalism. • Have high expectations (raise the bar). LEAD BY EXAMPLE. • Focus on behaviors, good and bad. • Ensure EDPP is administered fairly and equitably.

45. Do’s and Dont’s • Expectations: follow the rules. • Treat people with kindness and respect. • Don’t trash talk others. • Lead by example. • Don’t be inconsistent. • Personalize, from day 1. • Do what is right.

46. More: • Don’t let problems build up. • No Retro discipline. • Look people in the eye, tell them. • Don’t harass or allow harassment.

47. Conclusion Any Questions?