Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Today’s burning question: If a misconduct complaint is filed against a fire chief, should subordinate chiefs be allowed to conduct the investigation?
Answer: As a general rule, someone who has a potential conflict of interest should not be tasked with conducting a misconduct investigation. Whether the subordinate chiefs may have a real or perceived loyalty to the chief, or to the extent they may be perceived as harboring animosity toward the chief – it really does not matter. The investigators should be unbiased and impartial. Even the suggestion that the investigators may be looking to “get” the chief in a selfish attempt to advance their own career prospects creates the appearance of an impartial investigation.
Not every fire department will be the same in this regard. In some jurisdictions, subordinates are not beholden to the chief for their positions and have adequate safeguards to protect them from any possible retaliation that may come from a fire chief who believes he/she was wrongly treated by investigators.
That scenario not withstanding, my sense would be to advise against having subordinate chiefs conduct such an investigation in most instances. The perception of a conflict – that investigators have gone easy on the chief or that they were “out to get” the chief – may terminally taint even a well-done, totally objective, investigation.
