Fire Department Administrative Investigations and Discipline

PATC has scheduled me to teach two Fire Department Administrative Investigation classes this summer. The first class is being held at PATC Headquarters in Indianapolis on July 26-27, 2011 and the second is August 2-3, 2011 in Las Vegas at the Station Casino.

The class takes students through everything they need to know about conducting a fire department administrative investigation, from due process to a firefighter’s right to remain silent.

The target audience includes chiefs and fire officers who must conduct the investigations as well as union officials who need to be equally knowledgeable about how an investigation should be conducted. Attorneys who prosecute or defend firefighter discipline cases should also consider attending. Attorney John Murphy, who attended the class in Las Vegas last summer, was able to get it approved for CLE credit in the State of Washington, and it can probably be approved in your state as well.

The concept of a professional standards program is introduced and emphasized throughout the course. The professional standards approach is widely recognized in law enforcement as being a fair and progressive method for addressing internal and external complaints. It offers firefighters and fire departments a reasonable and proven method that respects the honorable service that firefighters provide, while at the same time recognizing that misconduct cannot be ignored. Want more proof? Go to www.youcantmakethisstuffup.net, or take a look at this: The Problem

Students receive a 300+ page manual complete with cases, sample forms, checklists, and copies of the bill of rights laws from all states with a firefighter bill of rights.

To register for either Indianapolis or Las Vegas, contact the Public Agency Training Council toll free at 1(800) 365-0119. These are the only FDAI classes currently scheduled this year.

Here are some more details on the program:

The course will cover:

• Five common complaints about fire service disciplinary processes
• Six steps to create the ideal professional standards system
• Three key questions to be answered in any due process proceeding
• The challenges associated with “Conduct Unbecoming” allegations
• Five steps in the investigative process
• Four policies that every fire department needs (but probably don’t have)
• Enhancing interviewing skills
• Firefighter Bill of Rights laws

Course Objectives:

• Respecting the Weingarten and Garrity Rights of firefighters
• Three important rules for interviewing the complainant
• Tips for dealing with a hostile or angry witness
• 7 Essential components of due process
• The Code of Silence: Addressing it in a reasonable manner
• Three necessary components for establishing the chain of custody of evidence
• Seizure and documentation of evidence
• Use of photo and video to document evidence
• The law governing workplace search & seizure, including the US Supreme Court decision in Quon v. City of Ontario.
• Chemical testing of employees: pitfalls and precautions
• Drafting the investigative report
• The two major disciplinary models, and knowing when to use each
• Understanding what the pre-disciplinary hearing is and isn’t
• The three burdens of proof
• The corrective action balancing act: determining what penalty is appropriate for a particular individual
• How to prevent disciplinary actions from being overturned
• Use of last chance agreements
• How to handle resignations and retirements in lieu of disciplinary action
• Effective use of pro-active tools to help firefighters avoid rule violations

The program includes practical exercises to reinforce the lessons learned, including exercises on conducting a preliminary investigation, developing an investigative plan, interviewing skills, complying with firefighter bill of rights laws, and determining the appropriate type of disciplinary hearing.