HomeMy WebLinkAbout6.i. Fire Department Personnel PolicyAGENDA ITEM: Fire Department Personnel Policy
AGENDA SECTION:
Consent
PREPARED BY: Emmy Foster, Assistant City
Administrator and
Scott Aker, Fire Chief
AGENDA NO. b.. l
ATTACHMENTS: Updated City of Rosemount Fire
Department Personnel Policy
APPROVED BY:
ODJ
RECOMMENDED ACTION: Motion to approve the Fire Department Personnel Policy
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: December 2, 2008
EXECUTIVE SUMMARY
ISSUE
The Fire Department Policy was updated by the City Council on June 17, 1997 and last revised on August
14, 1997. Since that time, the following updates are requested to update this policy:
Under both the Fire Call Attendance Percentage and Fire Training Attendance Percentage of
Section 10 on pages 15 and 16, the current policy states that the third step of discipline calls for
fire personnel who do not maintain their fire call or fire training percentages to receive a
suspension. In this respect, firefighters can not respond to fire calls or training during the
suspension which further hampers their ability to raise their percentages. Instead, the new policy
allows for a written warning for the third occasion rather than a suspension.
Under the Section 10 Fire Call Attendance Percentage (3) in the new policy, the approval of
excused absences is clarified.
Under the Section 10 Fire Training Attendance Percentage on page 16, a fourth (4) bullet would be
added to explain that upon the quarterly review of call or training the percents are below the
requirement, no time -of- service credit would be issued for that quarter.
Sections to be removed from the old Fire Department Personnel Policies are the Drug and
Alcohol Testing policy on page 4, the Workplace Harassment policy on page 11, and the Use of
City Vehicles on page 13 would be removed. These policies are all addressed in the city -wide
personnel policies and are not unique to the Fire Department. A list of current City of Rosemount
policies pertaining to Fire Department personnel is listed on page 20 under Section 14.
BACKGROUND
Due to the on -call nature of the Fire Department, it operates under a separate personnel policy from the
other departments within the City. Periodically the policy is reviewed to ensure that updates are made
when needed. The City Council officially adopted the Fire Department Personnel Policy and should
authorize updates of that policy.
SUMMARY
Staff recommends approval of the updated City of Rosemount Fire Department Personnel Policy.
CITY OF ROSEMOUNT
FIRE DEPARTMENT
PERSONNEL POLICY
ADOPTED BY THE CITY COUNCIL ON JUNE 17, 1997
Revised on December 2, 2008
CITY OF ROSEMOUNT
FIRE DEPARTMENT PERSONNEL POLICY
Section 1. PURPOSE
The purpose of this policy is to establish a uniform and equitable system of municipal personnel
administration for all employees of the City of Rosemount Fire Department. Any term and condition of
employment not specifically established in this personnel policy shall remain solely within the discretion of
the city to modify, establish or eliminate. The city retains the full and unrestricted right to operate and
manage all manpower, facilities and equipment; to establish functions and programs; to set and amend
budgets; to determine the utilization of technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work schedules and to perform any
inherent managerial functions not specifically referred to in this section. Nothing in this policy shall be
construed as part of an employment contract between the city and its employees. Additionally, the
provisions in this policy supersede all prior fire department employee policies and the "Bylaws of the
Rosemount Volunteer Fire Department." Nothing in this policy shall be construed as creating anything
other than an employment -at -will relationship between the city and its employees. The city reserves the
right to discharge employees at any time and for any reason, subject only to limitations imposed by law.
Section 2. STATEMENT OF NON DISCRIMINATION
It is the policy of the city to provide equal employment opportunity to all persons. All employment policies
and practices shall be non discriminatory in compliance with federal laws, state statutes and local
ordinances. No individual shall, on the basis of race, orientation, age, marital status, disability or status with
regard to public assistance, be excluded from employment or be subjected to discrimination regarding any
and all terms and conditions of employment by the city.
Section 3. REQUIREMENT OF PHYSICAL/PSYCHOLOGICAL EXAMINATION
An applicant or employee appointed to a position must be of sufficient health to satisfactorily perform the
essential duties and responsibilities of the position.
After a conditional offer of employment has been made, applicants shall be required to undergo and pass an
appropriate pre placement health screening prior to appointment to a position. The city will pay the total
cost of such conditional offer, pre employment examinations. A medical evaluation report received by the
city shall be filed with the administration department.
Whenever it appears that an employee may have a mental or physical condition which causes such employee
to be considered a risk to the health and safety of him /her self or others, or whenever the employee is
considered by the Fire Chief to have a condition that may substantially affect the employee's ability to
perform the essential duties and responsibilities of the position involved, the city may require such.employee
to discontinue work immediately and be examined at the city's expense by a qualified physician or
psychologist approved by the city. The city's determination must be based on specific, contemporaneous
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TABLE OF CONTENTS
Section No. Section Name (Alphabetically Listed) Page Number
4 Background Investigations 2
14 City Policies and Procedures 10
6 Compensation Plan 2
4-5 12 Discipline
44 8 Driver's License 4-4-4
8 Drug and Alcohol Testing Policy 1
4-6- 13 Grievance Procedure 4- 9
4-2-9 Leaves of Absence 4-5 5
4+ 11 Officer Selection Procedures 4 7
4-3- 10 Participation Requirements 4-5 6
5 Probationary Period 2
1 Purpose 1
3 Requirement of Physical and Psychological Examination 1
7 Smoke Free Workplace 4
2 Statement of Non-Discrimination 1
10 Usc of Vehicles 13
9 Workplace Harassment Policy 11
and articulate observations concerning the mental or physical condition of the employee. Upon proper
medical release, the physician shall provide a medical evaluation report to the city.
Whenever an employee is receiving medical treatment which includes a prescription drug which would likely
affect the employee's mental and /or physical ability to perform the employee's work, the employee has a
duty to notify the fire chief of such treatment.
Section 4. BACKGROUND INVESTIGATIONS
Upon request of the city administrator or designee, the police department shall provide certain criminal
history data provided by the Minnesota Bureau of Criminal Apprehension (BCA.) and federal criminal
history about the prospective employee. The data to be provided must only be about the finalists before
requesting the date but an applicant's failure to provide consent may disqualify the applicant from the
prospective position.
Section 5. PROBATIONARY PERIOD
Any original appointment as a regular firefighter shall be subject to an initial probationary period of two (2)
years. During the probationary period, an employee may be dismissed at the city's sole discretion for any
reason or for no reason. A probationary employee shall have no rights to appeal such a decision. Prior to
the expiration of the initial probationary period, the employee's performance shall be evaluated in writing by
the fire chief and given to the city administrator with a written recommendation that the employee be
dismissed or a statement that the employee has successfully completed the probationary period and can be
considered as a regular firefighter.
During the probationary period, the probationary firefighter can and shall receive training and guidance in
order to help him /her adjust effectively to the position. A probationary firefighter must satisfactorily
complete the city's required course of instruction during his /her probationary period.
1) The fire chief may waive the required training and /or course of instruction if he /she is convinced
that the employee has successfully completed the same or equivalent training or instruction.
2) At any time during the probationary period, the fire chief may require such employee to begin and
successfully complete any portion or all of any such training or instruction previously waived.
The city administrator may extend the probationary period for specific individuals for an additional six (6)
month period, not to exceed one (1) year, upon the recommendation of the fire chief.
Section 6. COMPENSATION PLAN
A fire department compensation plan shall be adopted by the city council and shall constitute the official
compensation plan for all positions in the fire department. The city council may amend the compensation
plan at any time that it deems such amendment necessary or appropriate in the interest of good personnel
administration or the financial condition of the city as recommended by the city administrator.
Firefighters shall be paid their appropriate on call hourly pay for the following fire department activities:
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1) Response to fire and other emergency incidents from the time of the initial dispatch for a minimum
of one (1) hour. For time exceeding one (1) hour, time will be paid in quarter hour increments.
Times shall be noted on the incident sign -in sheet and entered into the payroll data system.
2) Participation in weekly training and drill activities: Drills are paid in a full hour increments for one
(1) hour and in quarter hour increments for time exceeding one(1) hour as assigned by the
instructor, training coordinator or other fire department officers, upon approval of the fire chief or
his /her designee. Time shall be noted on the training sign -in sheet.
3) Participation in station and vehicle maintenance activities: These activities are a one (1) hour
minimum with quarter hour increments for time exceeding one hour. All maintenance activities
must be assigned or authorized by a captain with prior approval by the fire chief or his /her designee.
Time and details of work performed shall be entered into the work detail sheets by the firefighter
after completion of the work. These records shall be examined periodically by the fire chief or one
of the chief officers for accuracy and entered into the fire department payroll system.
4) Participation in fire safety education activities: These activities are a one (1) hour minimum with
quarter hour increments for time exceeding one (1) hour. Time and details of work performed shall
be entered shall be entered into the activity sheets by the firefighter after completion of the work.
These records shall be examined periodically by the fire chief or one of the chief officers for
accuracy and entered into the fire department payroll system.
5) Participation in miscellaneous activities: Examples of these activities are administrative functions,
assisting with training, public relations and representing the fire department at various meetings.
These activities require pre approval by the fire chief or his /her designee. These activities are a one
(1) hour minimum with quarter hour increments for time exceeding one (1) hour. Time and details
of work performed shall be entered into the activity sheets by the firefighter after completion of the
work. These records shall be examined periodically by the fire chief or one of the chief officers for
accuracy and entered into the fire department payroll system.
6) With the exception of probationary firefighters, firefighters shall be paid for mandatory training
classes and for up to sixteen (16) hours of training for each hour of class he /she attends per
calendar year. All classes must be approved by the fire chief. Firefighters may be paid for additional
training hours if there are unused training hours available because a firefighter elects not to attend all
sixteen (16) hours of the available time. Firefighters shall submit training requests by March 1 of
each year.
7) Where pre approval is required, a written request form shall be submitted to the fire chief for
approval for authorization of training funds. Approval by the fire chief shall consider the
appropriateness of the class and cost of class in relation to overall department training needs.
8) The fire chief and assistant fire chief shall be paid a stipend for administrative duties relating to their
respective officer functions. Other positions shall be paid a stipend as approved by the city council.
The fire chief and assistant chief should not turn in hours for work details or administrative
functions unless the city administrator has authorized these duties for hourly pay. The city
administrator shall approve quarterly pay sheets for the fire chief and assistant fire chief.
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9) Firefighters responding to fire and rescue calls when participating in drill or training, shall be paid
the call rate.
Work Details Authorized for Firefighter on Call Hourly Pay:
Fire Calls
Truck Maintenance
Work Details Authorized for Firefighter Training Pay:
Fire Department Meetings
Authorized Committee Meeting
Wacota Firefighter Meeting
Annual physicals
Fire Calls
Non Hourly Pay Details:
Relief Association Functions
Adopt a Highway Program
Rescue Calls Standby
Station Maintenance Fire Safety Education Events
Weekly Drills Special Drills
Hose Testing Fire Extinguisher Training
Up to sixteen (16) hours approved optional training
Work Details Authorized for Fire Chief and Assistant Fire Chief On Call Hourly Pay:
Rescue Calls Standby
Officer Duty Calls Fire Safety Education Events
Work Details Authorized for Fire Chief and Assistant Fire Chief Training Pay:
Weekly Drills Authorized Committee Meetings Wacota Firefighter Meeting
Special Drills Up to sixteen (16) hours approved optional training
Annual Physicals
All other work details are part of officer salary
Conferences /Conventions Parades
Section 7. SMOKE FREE WORKPLACE
The city is dedicated to providing healthy, comfortable, public facilities for its citizens and visitors and a
healthy, comfortable and productive work environment for its employees. The city provides that all city
buildings, structures and vehicles are smoke free.
ea: a
Abuse of drugs and alcohol is a nationwide pfobkm. It affects persona of every age, race, scx and ethnic
establishes a testing proccdurc to cnsur
4
rcquircmcnts of state law as sct forth in Minncsota Statutes
Workplacc Act of 198 a 1- c follows:
Definitions
undcr one of thc programs listcd in Minn. Stat. 181.953, Subd. 1.
A1 ...k.,1 Tl.-„ A 1,-„1, ,,l T.,,, ,,..,,1 Tl..,, A 1,,..
An analysis of a body componcnt
sanaple-t-eateth
Drug Paraphcrnalia: As sct forth in: Minn. Stat. 152.01, Subd. 18.
Employcc: A person, indcpcndcnt contractor or person working for an indcpcndcnt contractor who
listcd in Minn. Stat. 181.953, Subd.1 or alcohol in sample.
Job Applicant: A person, who applics to bccomc an cmploycc of thc City of Roscmount and includcs a
Rcasonablc Suspicion: mcans a basis for forming a belief ba3cd on spccific facts and rational infcrcnccs
drawn from thosc facts.
thc extent authorized by a valid mcdical prescription.
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cmploycc.
Persons-Subject-to-Testing
a
alcohol tcsting if thcrc is a rcasoiriabk suspicion that-thc cmploycc:
cmploycc i3 on thc city's prctiscs- r operating city vchicics, machinery or cquipmcnt; or
thc timc thc accidcnt was rcportcd; or
c) has dischargcd a firearm othcr than (1) -ert-a targct range or (2) while conducting authorizcd
balli3tics tcsts or (3) as authorized by the Reacrt Pelicc Dcpartmcnt rulcs and
ncccs3ity by thc naturc of thc incidcnt.
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3) Other Tcsting. The city may permit an cmploycc who has rcqucstcd a drug and alcohol tcst to
Law.
'1) Treatment Program Testing. Thc city may rcqucst or require an cmploycc to undcrgo drug and
evaluation or is participating in a chemical dcpcndcncy treatment program undcr an cmploycc
benefit plan, in which casc thc cmploycc may bc rcqucstcd or required to undcrgo drug or alcohol
uring thc evaluation or trcatmcnt period of up to two yearn following
1) Job Applicants. If a job applicant rcfuscs to undcrgo drug or alcohol tcsting rcqucstcd or required
by thc city, no such test shall bc given and thc job applicant shall be deemed to havc withdrawn the
application for cmploymcnt.
thc cmploycc or job applicant also rcfuscs to undcrgo drug or alcohol testing of a urinc samplc.
1) Notification Form. Bcforc requesting an cmploycc or job applicant to undcrgo drug or alcohol
thc city's prcmi3c3 or at a mcdical facility dcsignatcd by thc employer.
3) Samples. Each samplc shall bc scaled into a 3uitablc containcr frcc of any
liccnscd tcsting laboratory.
11) Chain of Custody. Thc city shall use a tcsting lab rat
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the laboratory;
time of transfer.
criteria for drug testing:
published at 54 Federal Register 11970 to 11989, April 11, 1988;
60093 2750, under the forensic urine drag testing laboratory program; or
Law, article 5, title V and rules adopted under that law.
i. Licensed to tcst €er drugs and alcehel by the state of New York, dcpartmcnt of health, under
6) Retention and Storage.. All samples that produce a positi
stored for at least six months.
7) Tcst Report. Thc testing laboratory shall prepare a written rcpert iedicating the drugs, alcohol or
the final tcst results.
positive tcst result-on a c st. Thc city shall also inform an-employee or job applicant of
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b) The right to rcqucst within five (5) working days after noticc of a positive tcst rcsult a
positivc teat result to explain that rcsult,
progr
cxplanation for, a positivc tcst rcsult unlcss thc employee or job applicant was under an
conclusions drawn from and action3 taken bascd on thc reports or othcr acquircd information.
positivc tcst rcsult from an initial scrccning tcst that has not bccn vcrificd by a confirmatory tcst.
Action
1) Job Applicants. The appointing authority will not withdraw an offer of employment made
an initial scrccning tcst that ha3 not bccn vcrificd by a confirmatory tcst. Whcrc thcrc has bccn a
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that has not been verified by a confurnatery test. Whcre there has bccn a positive tcst result in a
Data Privacy
employment-
employment
employee to anothcr position at the same rate of pay pcnding the outcome of the
dischargc an cmploycc on grounds othcr than a positivc test result in a confirmatory test,
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Ri of E r+ og ees
An cmploycc has a right to offcr thc city a writtcn cxplanation of a positivc tcst rcsult on a confirmatory tcst
within thrcc (3) working day aft r notice of thc positivc tcst rcsult and -has a right to request within fivc (5)
this personncl policy. Thc city will not rctaliatc against an cmploycc for pursuing an appeal or other
rcmcdics provided in Minn. Stat. 181.956.
The City of Ro3cinount will make a continuing good faith cffort to maintain a drug frcc workplacc through
thc implementation of its Drug and Alc
Contact
Administrator; tcicphonc 651.322.2002.
I
Employees must be frcc to cxcrcisc thcir dutics without fear of vcrbal or physical intimidation or duress.
Thc city rcalizcs thc seriousness of harassment and cxprcsscs its carp
such incidents.
Polley
crnployccs comc into contact whilc doing work. Simply put, harassment has no placc in thc workplace. This
scction shall apply to all groups listcd in Scction 2.
11
r disabling condition which comments or actions causes an cmploycc worry or torment or forces the
considered harassment:
3) Patting, pinching or unncccssary touching.
5) Physical assault.
6) Favoritism to one cmploycc ever another which has its origins in religion, color, race, scx, ctc.
thcy arc urgcd to bring it to thcimMediatc attention of the city. Employccs may do so by filling out the
such rcports.
651.322.2002, located at 2875 145" Strcct Wcst, Rosemount, Minncsota 55068 1997. Rcports can be made
500 Brcmcr Towcr
7 Place and Minncsota Strcct
St. Paul, Minncsota 55101
612.296.5663
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nccd for a thorough investigative proccs3.
Room 178
110 South Fourth Strcct
612.349.3495
determination. Whcrc thc city has dctcrmincd that hara3ament ha3 occurred, appropriatc disciplinary action
matters with any cmploycc because that cmploycc ha3 rcportcd harassmcnt or cooperatcd in the
investigation of a harassmcnt report.
If thc city determines that an cmploycc ha3 violated thc prohibition against rctaliation, that cmploycc will be
Thi3 policy sets forth rcgulations and proccdurcs for both city owncd vchicics and privatcly owncd vchicics
operatcd on city buaincs3.
approved by thc immediate supervisor.
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spond3 to cmcrgcncy situations.
a)
Vehicles shall be used for city busincss only.
business with the city.
1) U3ing a private vchicic for city business- requires prior approval.
vchicic use will assufne liability through their even vehicle insurance in the event of an accidcnt.
Section 14- 8. DRIVER'S LICENSE
All firefighters are required to possess a valid, unrestricted driver's license. It is assumed that in emergency
conditions, all personnel shall be able to operate fire apparatus including driving the apparatus. A valid,
unrestricted driver's license is therefore requited.
Employees must immediately notify the fire chief if their driver's license is revoked or restricted. In the
event a license is modified in any way the State of Minnesota which restricts driving privileges, the
conditions must clearly state the person is able to respond to fire and emergency calls, participate in fire
training activities and operate fire department emergency vehicles.
Firefighters whose driving privileges are revoked or modified in such a way that they cannot fully participate
in fire activities and /or drive department emergency vehicles may be placed on inactive duty status during
the period for which their license is restricted.
Section 4-2- 9. LEAVE OF ABSENCE
Any firefighter, including probationary employees, may request a leave of absence from active duty with the
fire department. Such requests shall be in writing and presented to the fire chief who shall recommend
approval or disapproval.
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Personal Leave of Absence:
1) Upon affirmative recommendation from the fire chief, the city administrator may approve a
personal leave up to ninety (90) days.
2) Personal leave of more than (90) days and up to one hundred eighty (180) days requires city council
approval.
3) While an employee is on a personal leave, he /she shall be placed on inactive duty status; the time
on personal leave, does not count towards time -of- service.
Medical Leave of Absence:
1) All requests for medical leave of absence shall be accompanied by a written statement from a
physician stating that the firefighter is not able to perform the essential duties of the position for
some specific period of time. Additional statements from the physician may be required by the fire
chief at reasonable intervals to document that the individual is still not able to return to work.
2) The city administrator may approve a medical leave up to sixty (60) days.
3) A medical leave of more than sixty (60) days requires city council approval.
4) Any firefighter who returns to duty following a medical leave in excess of sixty (60) days may be
required to take a physical examination before returning to active duty.
5) Approved medical leave of sixty (60) days or less per calendar year, does not affect an employee's
time -of- service.
Section 4-3-10. PARTICIPATION REQUIREMENTS
All duly appointed firefighters shall meet all fire call and training requirements as listed below. Such
requirements shall include but not be limited to, percentage of attendance requirements for fire calls and
departmental training activities, completion of other required training and participation in annual health
examinations. Failure to meet minimum participation requirements shall be cause for termination.
Fire Call Attendance Percentage:
1) Firefighters Fire Call Attendance Percentage: All firefighters shall maintain a minimum fire call
attendance of thirty (30) percent of all paged calls that occur. Attendance may be excused due to
military duty and jury duty.
2) Failure to Maintain Fire Call Attendance Percentage: Failure to maintain the minimum fire call
attendance percentage shall be cause for disciplinary action. Fire call attendance percentage shall be
reviewed on a quarterly basis. During any quarter, if a firefighter fails to meet minimum fire call
attendance percentages, he /she shall be subject to disciplinary action. The first occasion shall result
in a verbal warning. The second and third warnings shall result in a written warning. The third
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occasion shall result in a recommendation by the fire chief for termination.
Fire officer fire call minimum attendance requirements shall be reviewed quarterly and shall be cause
for the same disciplinary action as for firefighters, except on the third occasion, the fire officer shall
be demoted to firefighter
3) Excused Absences from Fire Calls: Firefighters may be excused from fire calls if they have received
prior approval for missing fire calls due to involvement in other fire department activities. A written
request for excused absences shall be submitted to the fire chief in- advance for review by the chief
officers of the period being requested for an excused absence.
Fire Training Attendance Percentage:
1) All firefighters shall maintain a minimum fire training attendance percentage of sixty-six (66)
percent. Drill attendance may be excused due to military duty and jury duty. Firefighters may
receive credit for attending drill if they participate in other fire related preapproved training.
Firefighters requesting credit for drill for other training shall submit such requests in writing to the
fire chief for consideration. The written request should detail the subject of the training, detail of
the lesson, the instructor, the location, date and time.
2) Failure to Maintain Fire Training Attendance Percentage: Failure to maintain the minimum fire
training percentage shall be cause for disciplinary action. Fire training attendance percentage shall
be reviewed on a quarterly basis. During any quarter, if a firefighter fails to meet minimum fire
training percentage, he /she shall be subject to disciplinary action. The first occasion shall result in a
verbal warning. The second and third warnings shall result in a written warning. The third occasion
shall result in a suspension fr-em the fire department for fifteen (15) days. The fourth occasion shall
result in a recommendation by the fire chief for termination.
Fire officer minimum training attendance shall be reviewed quarterly and shall be cause for the same
disciplinary action as for firefighters; except on the third occasion, the fire officer shall be demoted
to firefighter
3) For the purpose of determining the appropriate the discipline for failure to maintain minimum fire
call and /or training participation, the city shall consider such failures occurring during the year
preceding the most recent occurrence. If no failure to meet minimum requirements has occurred
during such one year period, failure to maintain minimum fire call and /or training participation shall
be considered a first occurrence.
Section 1-4- 11. OFFICER SELECTION PROCEDURES
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The fourth
4) If upon the quarterly review of call or training percents a firefighter is found to be below the
minimum requirements, the firefighter will not receive credit towards time -of- service for that quarter
ninety (90) days, effective err October 1, 2008.
The fire chief, assistant chief and secretary shall be selected and assigned by the city administrator, subject to
confirmation by the city council.
The fire chief shall be selected from applicants meeting the minimum qualifications for the position.
Applicants will be interviewed by a selection panel of six (6) members, three (3) members of which shall be
firefighters. Firefighters wishing to serve on the panel will volunteer. If more than three (3) firefighters
volunteer, selection will be made by the city administrator. In the case of the fire chief, the city
administrator may interview the candidates. The city administrator shall make his /her selection as to the
candidate deemed to be most qualified for assignment as fire chief and submit the recommendation to the
city council for confirmation.
In the case of the assistant fire chief and secretary, the fire chief may interview the finalists recommended by
the selection panel established as provided in the preceding paragraph. The fire chief shall submit his
recommendation to the city administrator. The city administrator may elect to interview the candidates
before forwarding a recommendation to the city council for confirmation.
The term of assignment to the position of fire chief, assistant chief and secretary shall be three (3) years;
provided, however, any person holding such position may be assigned for additional terms by the city
council. The fire chief, assistant fire chief and secretary may be removed from their position by the city
council with or without cause.
The term of assignment for the positions of training coordinator, captain, lieutenant, fire prevention officer
and safety officer shall be one (1) year; provided however, any person holding such position may be
assigned for additional terms by the city council. Employees assigned to these positions may be removed
from their position by the city council with or without cause. The fire chief shall recommend to the city
council candidates for appointment to these positions.
The terms of fire chief, assistant chief and secretary shall be staggered so that the respective terms do not
terminate at the same time. In order to accomplish this, the appointments in 1998 for these positions shall
be as follows:
Fire Chief: Three (3) years Assistant Chief: Two (2) years Secretary: One (1) year
In 1998, the fire chief appointment shall be made on or about February 1, 1998 and the assistant chief and
secretary appointments shall be made on or about March 1, 1998.
After completion of the 1998 appointments, the terms of assignments for these positions shall be three (3)
years.
Section 1-5 12. DISCIPLINE
The city affirms its right and responsibility to develop and administer the regulations, disciplinary measures
and general work rules necessary to ensure efficient operation of services, fair treatment and safe working
conditions. The city reserves all rights and privileges not specifically addressed in these regulations.
Cause: Any disciplinary action shall be for a reasonable or just cause and may include, but will not be
limited to, the following:
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1) Conduct or performance which fails to satisfy the duties, responsibilities, quantity, quality or safety
rules of the job.
2) Violation of any Rosemount Fire Department and /or City of Rosemount policy, rule or regulation
or reasonable order or failure to obey any direction made and given by an officer or firefighter in
charge where such violation or failure to obey amounts to an act of insubordination or breach of
proper discipline or disgraceful conduct, committed on duty.
3) Restriction, interference or harassment of others in the performance of their job, which is adversely
distracting or disrupting the well being of others.
4) Negligence or willful destruction or abuse of any city property or material, misappropriation and /or
mismanagement of city property or funds, theft, fighting, possession of illegal weapons and
falsifying or destroying city reports or records, including falsification of an employee's time card.
5) Reporting to work under the influence of alcohol, illicit drugs or controlled substance or possession
or consumption of same while on the job.
6) The solicitation or acceptance of money, gifts or valued items which may be construed as evidence
of favoritism, coercion, unfair advantage, collusion or otherwise impacting the decisions of an
employee in public matters.
7) Misrepresentation of a material fact on an employment application, resume, medical history or other
documents supplied to the city for the purpose of determining suitability for employment or
promotion.
8) Use of official position for personal advantage
9) Use of offensive conduct or language towards the public or municipal officers or employees.
10) Inducing or attempting to induce an officer or employee of the city to commit an unlawful act or to
act in violation of any lawful and reasonable official regulation or administrative order.
The foregoing rules are not intended to be an all inclusive listing of proper standards of conduct or
obligations which employees must observe at all times. Misconduct not covered by these rules will be
treated as a violation of a general rule requiring effective job performance, the maintenance of good order
and recognized business department.
Process:
The city embraces the philosophy of progressive discipline where appropriate but maintains that any
incident of employee misconduct or violation of this policy may result in discharge, depending upon
circumstances. Supervisors shall inform the fire chief and the city administrator of each step of disciplinary
action prior to initiation to ensure consistency. There may be circumstances that warrant deviation from the
suggested order or where progressive discipline is not appropriate.
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Employees shall be permitted to respond to formal disciplinary action by written response to the
disciplining authority and the employee's personnel file.
1) Verbal Warning: An informal action by the supervisor to inform an employee of a minor or first
occurrence of a policy violation, misconduct or deficiency. A verbal warning shall include the
unacceptable performance or misconduct, the desired improvement and the consequences for failing
to correct the infractions. Documentation of this warning may be filed in the employee's personnel
file.
2) Written Warning: A formal action by the supervisor, providing official notice of the violation,
deficiency or misconduct, the corrections and time frame expected and the consequences for failing
to correct the infractions. Written warnings shall be placed in the employee's personnel file.
3) Suspension: An employee may be temporarily removed from their assigned position, with or
without compensation for a period not to exceed thirty (30) days. The notice of suspension shall be
written and shall notify the employee of the unacceptable behavior or performance, the desired
performance and the consequences if not corrected. Whenever an employee is suspended during an
investigation and such employee is subsequently exonerated, the employee shall be reinstated
without loss of service credit.
4) Demotion or Discharge: The city administrator may recommend to the city council that an
employee be demoted or removed from continued employment with the city.
Section 4 -6-13. GRIEVANCE PROCEDURE
A grievance shall mean a claim or dispute by an employee with respect to the interpretation, meaning or
application of the provisions of fire department policies and procedures. It is the policy of the city to afford
all employees a means of obtaining further consideration of problems when they remain unresolved at the
supervisory level and to establish policies and procedures that provide for timely resolution of grievances.
Reasonable attempt will be made to resolve the grievance to the mutual satisfaction of the employee and the
city.
Procedure:
Step 1: An employee must present a grievance in writing within twenty-one (21) calendar days of its alleged
occurrence to the employee's immediate supervisor and the fire chief. The written grievance shall
set forth the nature of the grievance, the facts on which it is based, the policy or procedure violated
and the remedy requested. The supervisor and fire chief will attempt to resolve the grievance and
give an answer in writing within ten (10) calendar days after receipt. A grievance not resolved in
Step 1 shall be appealed to Step 2 within ten (10) calendar days after the supervisor and fire chief's
final answer in Step 1. Any grievance not appealed in writing to Step 2 by the employee within ten
(10) calendar days shall be considered waived.
Step 2: A grievance unresolved in Step 1 and appealed to Step 2 or a grievance by an employee for whom
the city administrator is the immediate supervisor shall be submitted in writing to the city
administrator within (10) calendar days. The city administrator will give an answer to Step 2 within
ten (10) calendar days after receipt.
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Step 3: If the grievance is not resolved in Step 2, the employee may appeal the grievance in writing to the
city council within ten (10) calendar days of the city administrator's response in Step 2. Any
grievance not appealed in writing to Step 3 by the employee within ten (10) calendar days shall be
considered resolved. The city council shall render a decision within thirty (30) calendar days.
Section 14. CITY POLICIES AND PROCEDURES
Many of the current City of Rosemount policies and procedures pertain to Fire Department personnel and
include. but are not limited to. the following:
Harassment /Inappropriate or Offensive Behavior Policy
Drug Free Workplace Policy
Employee ID Policy
Use of City Vehicles Policy
Safety Handbook
Travel and Conference Reimbursement Policy
A current copy of these will be maintained at each station in the dispatch area. Please contact the Human
Resources department for a complete list of all policies or if you need further information.
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