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204.00 COMPLAINTS AGAINST EMPLOYEES
I. Scope
This standard establishes guidelines for the receipt, investigation, and resolution of complaints received by the department concerning the professional or personal conduct, behavior, action, or inaction of one or more members and those complaints that concern the department as a whole. It was promulgated to ensure that a thorough investigation is conducted for every complaint received by the department; that the innocent be exonerated and the guilty are properly disciplined. II. General
A. Complaints that arise from the daily conduct of business fall into four major categories: 1. Complaints against the department as a whole. 2. Complaints generally allege a violation of a departmental rule, policy procedure, or general order. 3. A complaint may also allege that there has been a violation of a federal, state, or local statute or ordinance. 4. The department will hear all complaints against its members that have been initiated by any person who is found to have standing for such a complaint. Persons other than those who are actually affected by the actions of a member shall have no standing for a complaint, with the exception of cases that involve juveniles. In such cases, the parent or legal guardian shall be required to file the written complaint.
III. Complaint Procedure A. Complaints should be in writing and shall be signed by the persons making the complaint. B. Complaints may be accepted by any on duty supervisor. The supervisor who receives the complaint shall conduct an initial investigation to obtain as much information as possible and then forward the complaint directly to the Fire Chief C. On receipt and review of an oral or written complaint, the Shift Commander shall conduct an investigation of the complaint, and forward the findings to the Asst. Chief. D. A copy of the written complaint shall be given to the accused member, at that time the member is requested to make a written reply to the allegations. F. When the act described in the complaint is a crime, the circumstances will be immediately explained to the Fire Chief and the police department we be notified. The police officer should determine if the accused member should be arrested, if a warrant should be obtained for their arrest, or if there is a need for further investigation before any action is taken. G. The Fire Chief or City Manager shall have authority in determining whether disciplinary action should be taken.
IV. Resolution of the Complaint
A. On conclusion of an investigation, the complaint shall be classified as one of the following. Unfounded: Allegations are proved false, or there is a lack off actual evidence to support the allegations. Exonerated: Incident cited did occur, but the actions were lawful or followed proper procedures. Not sustained: There is insufficient evidence either to prove or disprove the allegations. Sustained: The allegations are supported by sufficient evidence and the complaint will be upheld.
V. Resulting Action:
A. When an investigation results in a determination of unfounded, exonerated, or not sustained, the Fire Chief will notify the accused member that no further action will be taken against them. The member shall return to duty. If they had been placed on unpaid leave, they shall be fully compensated for all lost wages and benefits. B. When an investigation results in a determination that an allegation is supported by sufficient evidence, the appropriate action will be taken in accordance with the department's disciplinary policy.
VI. Format
A. The supervisor who accepts the original complaint or conducts the initial investigation shall make the report as complete as possible prior to submitting it to the Fire Chief. B. The following format shall be used for conducting investigations: 1. Record the facts surrounding the incident. What took place, when and where, and who was involved? 2. State the allegation in detail. What does the complaint allege and against whom? 3. Record the process used to investigate the complaint. What did you do as the investigator? What did you learn talking to all the parties and witnesses? List them. 4. Record all findings and the conclusion reached. What did your investigation reveal based on the facts extracted from the evidence? 5. Include the written recommendation to the Fire Chief. VII. Exceptions A. A complaint should be referred to the Chief or City Manager in those cases where the complainant prefers to speak only to those entities. B. Internal investigations may also be conducted concerning a member's conduct whenever the Chief or City Manager has reason to believe doing so is warranted. C. The Fire Chief should determine Whether or not the member should be suspended pending the outcome of the investigation.
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