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					                             STATION POLICIES AND BY-LAWS
     Disciplinary Action                               S.O.G. No.: 7.0          Section: III

     Tryon Fire Department                             Effective Date: May 1, 2011




7.0 DISCIPLINARY ACTION BY OFFICER

Any Tryon Fire Department Officer that disciplines any fireman shall file a report to the Chief of
the Department. A report of disciplinary action or a membership status report should be filed
before any complaint will be formally recognized.

If the member is not suspended, expelled, or placed on inactive status, a report of discipline
action should be filled out completely. The report should then be passed on to the Chief of the
Tryon Fire Department for review and disciplinary action. The Chief shall notify the member of
the findings and actions. The member will be asked to sign the report.


7.1 DISCIPLINARY ACTION REGARDING DRIVING

As a representative of the Tryon Fire Department members are in the public eye, especially
while responding both POVs and department apparatus to a scene. During such times the
Department may receive complaints about driving. The following shall take place regarding
disciplinary action after the complaint has been investigated:

First offense – The member in question will have a meeting with the Fire Chief and at least one
other officer. The content of the meeting shall be documented and placed in the person’s
personnel file.

Second offense – Suspension from the Department for a period of 30 days.

Third offense - Expulsion from the department.

Speeding infractions (i.e. members who have been pulled over by law enforcement) should be
reported to the Fire Chief within 48 hours of the occurrence. DUI/DWI must be reported
immediately. The following shall apply:

Speeding infraction – not responding to a Tryon Fire incident – Shall apply to the “first, second,
third” occurrence above.

Speeding infraction – responding to a Tryon Fire incident – 14 day suspension
DWI/DUI – Expulsion from the department.
                              STATION POLICIES AND BY-LAWS
      Disciplinary Action                               S.O.G. No.: 7.0         Section: III

      Tryon Fire Department                             Effective Date: May 1, 2011




7.2 DISCIPLINARY ACTION, OTHER

The following policy shall be adhered to for all members and enforced by the officers of the
Department. A member can bring a concern over a need to disciplinary action to an officer
following the chain of command.

In accordance with Tryon Fire Department By-Laws the following actions are grounds for
suspension or expulsion. They include:
       1. Failure to obey the instructions of the officer in charge.
       2. Attending any meeting or fire call, or participating in any Department activity, while
          under the effects of any intoxicating beverage or mind alerting drugs, whether
          prescribed or illegal.
       3. Willfully abusing or destroying any property or equipment belonging to the
          Department.
       4. Failure to satisfactorily carry out assigned duties as a firefighter or Department
          member or to conduct himself or herself in a manner in keeping with the highest
          tradition of the firefighting service.
       5. Committing any act or acts that reflect a negative image on the Department or that
          are harmful or detrimental to the morale or operation of the Department.

In addition the Tryon Fire Department shall adhere to the Town of Tryon’s Personnel Policy
regarding disciplinary grounds and action. They include:

(a)     Failure in Performance of Duties
        Failure in the performance of duties includes any aspects of the employee's
        job that are not performed as required to meet the standards set by the Town
        Manager and/or Fire Chief.

        The following causes relating to failure in the performance of duties are
        representative, but not all inclusive, of those considered to be adequate
        grounds for suspension, demotion or dismissal:

        (1)     Inefficiency, negligence or incompetence in the performance of duties;
        (2)     Careless, negligent or improper use of Town property or equipment;
        (3)     Physical or mental incapacity to perform duties;
        (4)     Discourteous treatment of the public or other employees;
        (5)     Absence without approved leave;
                              STATION POLICIES AND BY-LAWS
      Disciplinary Action                                S.O.G. No.: 7.0         Section: III

      Tryon Fire Department                              Effective Date: May 1, 2011




        (6)     Habitual improper use of leave privileges;
        (7)     Habitual pattern of failure to report for duty at the assigned time and place.

        Prior to making a decision to terminate employment, the employee will have
        the opportunity to discuss the dismissal and the reasons for the dismissal
        recommendation with the Fire Chief and/or Town Manager.

(b)     Failure in Personal Conduct
        An employee may be suspended, demoted or dismissed for causes relating to
        personal conduct detrimental to Town service without warning in order to avoid
        undue disruption of work, to protect the safety of persons or property, or for
        other serious reasons.

        The following causes relating to failure in personal conduct are representative, but not
        all inclusive, of those considered to be adequate grounds for suspension, demotion, or
        dismissal:

        (1)     Fraud in securing appointment;
        (2)     Conduct unbecoming a public officer or employee;
        (3)     Misappropriation of Town funds or property;
        (4)     Reporting to work under the influence of alcohol or narcotic drugs or use, sale,
                purchase or possession of such things while on duty or while on public property,
                except that prescribed medication may be taken within the limits set by a
                physician so long as medically necessary;
        (5)     Willful damage or destruction of property;
        (6)     Willful acts that would endanger the lives and property of others;
        (7)     Acceptance of gifts in exchange for "favors" or "influence";
        (8)     Incompatible outside employment or conflict of interest;
        (9)     Violation of political activity restrictions.


Any Tryon Fire Department line officer shall have the right to suspend any member for any
infraction of the above rules until a meeting between the line officer and the Chief is held to
resolve the suspension.

For any other situation for which a member or line officer feels there is a need for disciplinary
action, the following shall take place:
                                 STATION POLICIES AND BY-LAWS
     Disciplinary Action                                 S.O.G. No.: 7.0          Section: III

     Tryon Fire Department                               Effective Date: May 1, 2011




   1. The Fire Chief shall be notified of the complaint and shall launch an investigation into
      the situation.
   2. The findings shall be documented and the Chief shall discuss appropriate disciplinary
      action with the line officers.
   3. A meeting shall be scheduled between the person(s) involved, the Fire Chief, and a
      selection of line officers to discuss the disciplinary action(s) to be taken.

It is encouraged that in an effort to foster brotherhood in the Tryon Fire Department that a
verbal and written reprimand be issued wherever appropriate, especially should an action be a
member’s first offense. However, the Fire Chief has the right to enforce whatever disciplinary
action he/she feels is appropriate for the offense.

As the Fire Chief is an employee of the Town of Tryon, he/she shall take steps to ensure that
any disciplinary action is available for review by the Town Manager and Town Council. A
member who feels that the disciplinary action they have received is unjust may appeal such
action in accordance with the Tryon Fire Department SOG Manual.


7.3 HARRASSMENT POLICY

There will be NO harassment, including sexual harassment of any kind. These include but not
limited to: race, religion, color, national origin, ancestry, disability, medical condition, marital
status, pregnancy, sexual orientation, gender, age, and verbal abuse included improper
language.


      LETTER OF COUNSELING – DISCIPLINARY ACTION
I have counseled___________________________________ as a result of his/her actions on
                                Firefighter’s Name

___________________________________, which classifies as a violation of:
              Date of Offense

Tryon Fire Department SOG and/or By-Law
______________________________________________________________________________
                                  STATION POLICIES AND BY-LAWS
     Disciplinary Action                                        S.O.G. No.: 7.0          Section: III

     Tryon Fire Department                                      Effective Date: May 1, 2011




______________________________________________________________________________
______________________________________________________________________________
Comments of Initiating Officer:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

Firefighter’s Signature:_________________________________ Date:_____________________
Firefighter’s Name:____________________________________

Supervisor’s Signature:_________________________________ Date:_____________________
Supervisor’s Name:____________________________________
(Firefighter Disciplinary Action Comment Form must be attached to this form)
Form 2010-A              Letter of Counseling – Disciplinary Action Form             Page ____ of ____




                DISCIPLINARY ACTION TRACKING FORM
Member Name:_________________________________ Rank:_________________________
Date Initiated:_________________________ Date of Infraction:__________________________
Time of Infraction:_____________________________
Has been notified of following violation:_____________________________________________
                                                   Department S.O.G. or By-Law

Documentation is attached. The recommended action to be taken is: (Check all that apply)

_____Counseling                   _____Written Reprimand                       _____Demotion
_____Oral Reprimand               _____Suspension                              _____Dismissal
                            STATION POLICIES AND BY-LAWS
    Disciplinary Action                                  S.O.G. No.: 7.0           Section: III

    Tryon Fire Department                                Effective Date: May 1, 2011




Initiating Officer

______________________________________________________________________________
    Print Name               Rank                     Signature                      Date

Reviewed by Fire Chief:      _____Concur              _____Disagree (Recommendation Attached)

______________________________________________________________________________
    Print Name                                        Signature                      Date

Reviewed by Town Manager: _____Concur                 _____Disagree (Recommendation Attached)

______________________________________________________________________________
    Print Name                                        Signature                      Date

Final Action by Fire Chief:
___No action warranted      ___Oral Reprimand                 ___Suspension          ___Dismissal
___Counseling               ___Written Reprimand              ___Demotion

______________________________________________________________________________
    Print Name                                        Signature                      Date

Form 2010-B Disciplinary Action Tracking Form                 Page _____ of _____
                     NOTICE OF DISCIPLINARY ACTION

I recommend disciplinary action be taken against______________________________ as a
                                                              Firefighter’s Name
result of his/her action on _____________________________, which classifies as a violation of:
                                    Date of Offense
Tryon Fire Department SOG and/or By-Law
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Comments of Initiating Officer:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
                                  STATION POLICIES AND BY-LAWS
     Disciplinary Action                                        S.O.G. No.: 7.0        Section: III

     Tryon Fire Department                                      Effective Date: May 1, 2011




______________________________________________________________________________

Firefighter’s Signature:_________________________________ Date:_____________________
Firefighter’s Name:____________________________________

Supervisor’s Signature:_________________________________ Date:_____________________
Supervisor’s Name:____________________________________

(Firefighter Disciplinary Action Comment Form must be attached to this form)
Form 2010-C               Notice of Disciplinary Action Form                      Page ____ of ____




  FIREFIGHTER DISCIPLINARY ACTION COMMENT FORM
On this date, I received notice that a recommendation of formal discipline is being recommended
concerning my actions. The following is a response to the allegation.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
                           STATION POLICIES AND BY-LAWS
    Disciplinary Action                          S.O.G. No.: 7.0        Section: III

    Tryon Fire Department                        Effective Date: May 1, 2011




______________________________________________________________________________

Firefighter’s Signature:_________________________________ Date:_____________________
Firefighter’s Name:____________________________________

Supervisor’s Signature:_________________________________ Date:_____________________
Supervisor’s Name:____________________________________

Form 2010-D          Member Disciplinary Action Comment Form       Page ____ of ____

				
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