organized 1973. to avoid backdraft on the fire ground
TRANSCRIPT
CIVIL SERVICE AND
EFFECTIVE BACKDRAFT PREVENTION TECHNIQUESProblems Fire Chiefs
Get Into With Civil Service
ORGANIZED 1973
LOUISIANA FIRE CHIEFS’ ASSOCATIONAPRIL 13, 2012
To avoid Backdraft on the Fire Ground
SIZE UP
-- BACKDRAFT –CIVIL SERVICE
Someslip –ups
areminor
Some can be
disastrous
You may think all you have to worry about is fire
But the public might get fired up!
The Fire Board
The Mayor
WISE UP
To avoid Backdraft with Civil Service
Louisiana Municipal Fire & Police Civil Service Law:
Gain a Better Understanding of:
LSA-RS 33:2531 et seq.LSA-RS 33:2471 et seq.
SOLUTION
Local Civil Service Board Rules:
Gain a Better Understanding of:
Classification Descriptions & Minimum RequirementsLeaves of Absence
SOLUTION
Force and Effect of Law
Louisiana Fire Service Bill of RightsLSA-RS 33:2181 thru 2186
SOLUTIONGain a Better Understanding of:
Loudermill ProceduresCleveland Board of Education v. Loudermill, 470 U.S. 532
(1985)
SOLUTIONGain a Better Understanding of:
RECRUITTo Obtain Firefighter I Six Months Duration
At WillCan Be Terminated No Appeal Rights
MAKING APPOINTMENTS
PROBATIONAL APPOINTMENTSMAKING APPOINTMENTS
Category 1
Category 2
Category 3
Category 4
0 1 2 3 4 5 6
Series 3Series 2Series 1
PROBATIONAL APPOINTMENTS
Must begin immediately upon appointmentRequires medical examination after offerAt least six months; not more than twelve
Category 1
Category 2
Category 3
Category 4
0 1 2 3 4 5 6
Series 3Series 2Series 1
PROBATIONAL APPOINTMENTS
Interrupt the wtp if leave is more than 30 days
PAF must be completed
Cannot be done retroactively
Category 1
Category 2
Category 3
Category 4
0 1 2 3 4 5 6
Series 3Series 2Series 1
PROBATIONAL APPOINTMENTS
Rejection is not a disciplinary action
Give reasons for rejection in writing
Appealable only if not given fair opportunity
Backdraft Prevention Technique
Make sure action to reject is done prior to the end of the
working test
Category 1
Category 2
Category 3
Category 4
0 1 2 3 4 5 6
Series 3Series 2Series 1
PROBATIONAL APPOINTMENTS
Entrance Firefighters & Communications Officers can be rejected anytime during the working test.
Prior approval not required
All other classes can be removed in first six months only with board’s prior approval
Category 1
Category 2
Category 3
Category 4
0 1 2 3 4 5 6
Series 3Series 2Series 1
PROBATIONAL APPOINTMENTS
Explain and re-enforce expectations
Hold accountable
BUT. . .
Category 1
Category 2
Category 3
Category 4
0 1 2 3 4 5 6
Series 3Series 2Series 1
PROBATIONAL APPOINTMENTS
DO NOT CONFIRMIF CONFIRMATION HAS
NOT BEEN EARNED
Backdraft Prevention Technique
R.S. 33:2505 & R.S. 33:2565
Do not alterconfirmation dates
MAKING APPOINTMENTSPROVISIONAL APPOINTMENTS
PROVISIONAL APPOINTMENTS
Purpose:
offered to anyone deemed qualified
while new class is being adopted
no time limitation
for filling vacancy when there is no employment list
Proposed Class
PROVISIONAL APPOINTMENTS
temporary -- up to 90 day one-time renewal ONLY
Purpose:
offered to anyone deemed qualified
terminates 15 days after list is certified
used until list is established
for filling vacancy when there is no employment list
Existing Class
Backdraft Prevention Technique
Notify board of allprovisional appointments
MAKING APPOINTMENTSSUBSTITUTE APPOINTMENTS
“WORK UP”“STEP UP”
“ACT UP”
SUBSTITUTE APPOINTMENTS
Placing one employee in another employee’s position:
Leave of absence
Substituting for someone else
Backdraft Prevention Technique
Substitute appointments are NOT
Emergency appointmentsAG Opinion No. 92-164
MAKING APPOINTMENTSREEMPLOYMENT/EMPLOYED AGAIN
FIREFIGHTER PRIVATE SECTOR
RESIGN
REHIRE
REEMPLOYMENT/EMPLOYED AGAIN
FIREFIGHTER PRIVATE SECTOR
RESIGN
REHIRE
Regular employeesPrior board approval
4-year eligibility
Position must be offered first from eligibility list
REEMPLOYMENT/EMPLOYED AGAIN
FIREFIGHTER PRIVATE SECTOR
RESIGN
REHIRE
Has lost all seniority
Serves working test period
Medical certificate
Backdraft Prevention Technique
R.S. 33:2490.D & R.S. 33:2550.D
Make sure to follow all procedures for re-employment
CONFIRMATIONBREAKING TIES IN SENIORITY
Confirm on same date
Don’t establish seniority arbitrarily
MAKING APPOINTMENTSBREAKING TIES IN SENIORITY
Merit Based Criteria:
Certifications
Most Recent Promotional Test Score
Performance Evaluations
MAINTAINING DISCIPLINE AND
STANDARDS OF SERVICE
MAINTAINING DISCIPLINE
Establish performance expectations
Convey expectations to your employees
A poorly disciplined employee is a sign of poorly communicated expectations
MAINTAINING DISCIPLINEHow To Establish Performance Expectations
Determine how department should run from a “procedures” point of view
Determine how employees should treat each other and the public
MAINTAINING DISCIPLINEHow To Convey Performance Expectations
Written policies and procedures
Provide guidance throughperformance planning and review
Department and division meetings
MAINTAINING DISCIPLINE
Expectationsshould not be conveyed
throughcorrective or disciplinary action
MAINTAINING DISCIPLINE
Make expectationsclear, concise and easy to understand
throughpolicies, rules, and procedures
MAINTAINING DISCIPLINEDeveloping Policies, Rules, and Procedures
-- 6 Important Questions --
• Will it contribute to efficient and cost- effective operations
• Will it assure that rights of employees are respected
• Will it provide for safety of employees or the public
MAINTAINING DISCIPLINEDeveloping Policies, Rules, and Procedures
-- 6 Important Questions --
• Will it promote comfortable and professional work environment
• Will it help the department avoid legal challenges
• Will it promote reputation and integrity of department
MAINTAINING DISCIPLINEHow To Develop a Performance Appraisal System
Determine criteria important to department’s mission
Dimensions of job performance• competency
• professional development
• adaptability• cooperation
• dependability
MAINTAINING DISCIPLINENow . . . What happens when employees don’t follow the plan?
MAINTAINING DISCIPLINECOACH FIRST
DISCIPLINE LATER. . . and only if necessary
MAINTAINING DISCIPLINEGood Supervisors:
create a positive work environment
give support and encouragement
reinforce the desire to do well
MAINTAINING DISCIPLINEGood Supervisors:
recognize the differences in individuals
bring out the best in employees
know employees’ strengths and weaknesses
MAINTAINING DISCIPLINEA Supervisor’s Greatest Challenges
are marginal workers who do just enough
think they are more qualified than others & resent authority
Employees who: are good workers, but poor team
players
MAINTAINING DISCIPLINESometimes all it takes is to say:
DON’T DO THAT AGAIN!
MAINTAINING DISCIPLINE
It saves time
Less stressful
MAINTAINING DISCIPLINE
Forget about written reprimands
Use the written record of counseling
MAINTAINING DISCIPLINE
Insist that supervisors maintain employee logs
notes of interactionsaccomplishments
Should include
problems encountered
MAINTAINING DISCIPLINETypes of Disciplinary Action
• Written Reprimand (not worth it)
• Suspension
• Reduction in Pay
• Demotion
• Termination
MAINTAINING DISCIPLINE
Written reprimand
Memo to the employee describing offense, why the behavior was unacceptable, and expected future behavior
Placed in the employee’s official personnel file
May be appealed to the civil service board
MAINTAINING DISCIPLINE
Suspension
A loss of seniority and pay
Must be over consecutive days
Must be counted in calendar days
Backdraft Prevention Technique
The severity of the suspension should be commensurate with the infraction
Attach documentation on prior counseling for the infraction
Document the departmental rules violated, as well as provisions of state law which justify the action
Give copies to both the employee & Civil Service Board
MAINTAINING DISCIPLINE
Reduction in Paymay be effected for a period of time to the rate prevailing for the lower class, or a less severe amount
appropriate if the actions of the employee caused a monetary loss to the department
the PAF should include effective date, ending date, and rate of pay during the period of the action
MAINTAINING DISCIPLINE
Demotion
a reduction in rank, with a resulting loss of pay.
may be for one rank, or extend as far as the entrance class
If you wish to specify, as part of the discipline, that employee will be ineligible to take a promotional test for a period of time, it must be done at the time of the original discipline
Joe Arceneaux
6/28/2011 0800 hrs Reported for duty 30 minutes late Spoke with Joe, said he overslept
6/30/2011 0800 hrs Reported for duty 20 minutes late Spoke with Joe, said his car battery was dead
6/30/2011 1500 hrs Commended Joe on completing fire report early
7/5/2011 0830 hrs Reported for duty 45 minutes late Met with Joe, explained that being late was not acceptable. Gave him a written record of counseling.
MAINTAINING DISCIPLINEJoe Jeaux
6/28/2011 0800 hrs Reported for duty 30 minutes late Spoke with Joe, said he overslept
6/30/2011 0800 hrs Reported for duty 20 minutes late
Spoke with Joe, said his car battery was dead
6/30/2011 1500 hrs Commended Joe on completing fire report early
7/5/2011 0830 hrs Reported for duty 45 minutes late
Met with Joe, explained that being late was not acceptable. Gave him a written record of counseling.
MAINTAINING DISCIPLINE
What would you do?
Joe’s late again!
MAINTAINING DISCIPLINE
a. Call Joe into your office and tell him he’s suspended for three days.
b. Tell Joe’s captain to take whatever action he thinks is warranted.
MAINTAINING DISCIPLINE
c. Give Joe a memo of his violations, order him to come to your office, with counsel if he wishes, at 0900 hrs. on Thursday. He will be given an opportunity to give reasons why disciplinary action should not be taken against him.
Backdraft Prevention Technique
Don’t pull from your desk drawer an already completed PAF that indicates the action
that you’re taking
Good Ol’ Joe!
The story gets better
(Based on fact. Names have changed to protect the dumb.)
Backdraft Prevention Technique
Afford due process&
Learn theFire Service Bill of Rights
MAINTAINING DISCIPLINEAdministrative Leave with Pay
• gets the employee out of the work setting to complete the investigation prior to depriving the employee of money
• when civil service boards adopt such a rule, it has the force and effect of law
• try to keep the use to a minimum
MAINTAINING DISCIPLINEFire Service Bill of Rights
Minimum Standards
Notify in writing of the
a. nature of the investigation
b. identity and authority of investigator
c. specific charges
b. identity of all persons present
MAINTAINING DISCIPLINEFire Service Bill of Rights
Minimum Standards
Notify in writing at beginning of interrogation
a. nature of the interrogation
b. identity and authority of interrogator
c. specific charges
MAINTAINING DISCIPLINEFire Service Bill of Rights
Minimum Standards
During interrogation
b. employee has right to make notesc. allow reasonable periods for rest and
personal necessities
a. right to counsel or representation, or both
MAINTAINING DISCIPLINEFire Service Bill of Rights
Minimum Standards
During interrogation
e. right to transcripts, if requestedf. right to call witnesses
d. recorded in full
Backdraft Prevention Technique
Non-compliance with any of the minimum standards
renders any disciplinary action with ABSOLUTE NULLITY
ISSUES NOT FOUND INCIVIL SERVICE LAW
Light DutyIt is not appropriate to work employees out of class. The light duty assignment must be duties inherent in the class.
The department is under no obligation to create a light duty position when one does not exist.
Backdraft Prevention Technique
When workers comp officials insist, you should advise of the provisions of civil service law
LSA-R.S. 33:2484 and R.S. 33:2544
ISSUES NOT FOUND INCIVIL SERVICE LAW
Light Duty
It is not appropriate to work employees out of class. The light duty assignment must be duties inherent in the class
The department is under no obligation to create a light duty position when one does not exist.
There is no official designation of light duty.
An employee at work is not on sick leave.
Backdraft Prevention Technique
An employee in his working test assigned light duty is almost guaranteed confirmation on appeal because his was not given a “fair opportunity” to prove he could do the job
ISSUES NOT FOUND INCIVIL SERVICE LAW
Military Leaves of Absence
Employees called to active duty must be made whole upon their return
Employees who missed a promotion must be made whole, even if someone else is demoted.
If they missed a test, your board should request special testing provisions. We will administer the test in our office and send a supplemental grade sheet.
ISSUES NOT FOUND INCIVIL SERVICE LAW
Employee RecordsThe supervisory notes described earlier are notes of the supervisor and should not be placed in the employee’s personnel file.
Medical records, including psychological evaluations, should be kept separate from the official personnel file.
PAFs of official disciplinary actions must be maintained throughout the career of the employee. They may not be purged.