A. PURPOSE

To officially establish the Code of Conduct required for all members of Bayside Fire Department.

B. SCOPESee Table of Contents.

TABLE OF CONTENTS Page

GENERAL STATEMENT OF POLICY ........................................................................................... 5

BAYSIDE FIRE DEPARTMENT

PROCEDURAL ORDER

DATE ISSUED

1/25/2017

EFFECTIVE DATE

1/25/2017

PROCEDURAL ORDER NO.

100.A

SUBJECT: CODE OF CONDUCT AMENDS: NONE

REFERENCE: NONE RESCINDS: NONE

Statement of Policy ......................................................................................................................... 5Statement of Purpose ...................................................................................................................... 5Expectations of Conduct ................................................................................................................. 6

DEFINITIONS ................................................................................................................................... 6Professional Conduct and Responsibilities ..................................................................................... 6General Responsibilities ................................................................................................................. 7Attitude Toward Profession ............................................................................................................ 7Duty Responsibilities ...................................................................................................................... 7Cooperation ..................................................................................................................................... 7Assistance ....................................................................................................................................... 8Questions Regarding Assignment ................................................................................................... 8Knowledge of Laws and Regulations ............................................................................................. 8Performance of Duty ....................................................................................................................... 8Reporting Violations of Laws, Ordinances, Rules or Orders .......................................................... 8General Conduct ............................................................................................................................. 8Criticism of Orders ......................................................................................................................... 8Manner of Issuing Orders................................................................................................................ 9Obedience to Unjust or Improper Orders ........................................................................................ 9Unlawful/Unsafe Orders ................................................................................................................. 9Obedience to Unlawful Orders ....................................................................................................... 9Obedience to Unsafe Orders ........................................................................................................... 9Conflicting Orders .......................................................................................................................... 9Reports and Appeals of Unlawful, Unjust, Unsafe or Improper Orders ......................................... 9Types of Disciplinary Action .......................................................................................................... 10Authority to Discipline ................................................................................................................... 10

ALLEGATIONS OR COMPLAINTS OF MISCONDUCT .............................................................. 10Citizen Complaints Against Department Members ........................................................................ 10Serious Allegations or Complaints of Misconduct.. .......................................................................

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INVESTIGATION OF ALLEGED MISCONDUCT ........................................................................ 11Generally.............................................................................................................................................. 11

Investigation Reports ...................................................................................................................... 11Conclusion of Investigation Involving Department Members...........................................................11

DISCIPLINARY REPORTS.................................................................................................................. 12Preparation of Reports ................................................................................................................... 12

Distribution of Reports................................................................................................................... 12Informing the Member Being Disciplined..........................................................................................12

EMERGENCY SUSPENSION.............................................................................................................. 13Authority to Impose Emergency Suspension......................................................................................13

Follow-up on Emergency Suspension................................................................................................ 13

LEAVE OF ABSENCE POLICY (see Department Policy).................................................................13

PROHIBITED CONDUCT.................................................................................................................... 13Violation of Law.................................................................................................................................. 13Disobedience of Orders....................................................................................................................... 13Possession/Use of Alcohol or Controlled Substances.......................................................................13Withholding Information on Criminal Activity....................................................................................14Harassment (see Village Policy)......................................................................................................... 14Cooperation with Investigations.......................................................................................................... 14Permanent Residence.......................................................................................................................... 14Divulgence of Department Business................................................................................................... 14Department Correspondence............................................................................................................... 14Political Utilization of Official Position............................................................................................. 14Notices - Posting/Circulation/Destruction/Defacing..........................................................................14Personal Appearance........................................................................................................................... 14Department Property - Reporting Damage/Return.........................................................................15Unauthorized Persons in Department Vehicles..................................................................................15Duty to Read/Understand and Comply with Orders...........................................................................15Truthfulness/Cooperation..................................................................................................................... 15Department Records/Reports/Citations............................................................................................... 15Absence From Work........................................................................................................................... 15Residence -Telephone/Address......................................................................................................16Gifts - Solicitation/Acceptance......................................................................................................16Morale/Efficiency/Image/Public Confidence.....................................................................................16Prompt Performance of Duty.............................................................................................................. 16Insubordination.................................................................................................................................... 16Solicitation of Favorable Acts............................................................................................................ 16Physical/Mental Condition.................................................................................................................. 17Promptly Reporting for Duty.............................................................................................................. 17Termination of Duty/Assignment....................................................................................................... 17Cooperation with Internal Investigation Superior..............................................................................17Leaving the Village............................................................................................................................. 17Loss of Property/Equipment Reporting.............................................................................................. 17False/Unnecessary Complaints........................................................................................................... 17Use of Private Vehicles/Equipment...............................................................................................17Reports................................................................................................................................................. 17

PROCEDURES....................................................................................................................................... 18Those Subject to Disciplinary Action................................................................................................. 18Responsibility...................................................................................................................................... 18Fire Chief............................................................................................................................................ 18Punitive Action as a Function of Discipline.......................................................................................18Termination Procedure........................................................................................................................ 18Records................................................................................................................................................ 19

CODE OF CONDUCT -NON-SWORN PERSONNEL..................................................................19

GENERAL STATEMENT OF POLICY................................................................................................ 19Prohibited Conduct............................................................................................................................... 19Disciplinary Action.............................................................................................................................. 20

CODE OF CONDUCT - DEPARTMENT PERSONNEL

GENERAL STATEMENT OF POLICY

Statement of Policy

The following policy has been prepared to assist personnel of the Bayside Fire Department in understanding and carrying out their duties, responsibilities and privileges as firefighters and/or medical first responders. Personnel may be also referred to in this policy as "Employee" or "Member".

All personnel are considered employees at-will, and any and all language which might be construed to the contrary is hereby specifically disclaimed.

The contents of this policy are presented for the members' information. Nothing in this policy is intended to, or shall, create any contractual obligations of any kind beyond Department executed contracts for service, and all provisions in the policies are subject to change by the Department at any time if the Fire Chief determines it is in the best interests of the Department to do so. No promise of employment or employment-related benefit(s) for any specific period of time is offered, established or to be implied in or from anything in these policies.

No representative of the Department has any authority to enter into any agreement for employment for any specified period or agreement for remuneration or any other benefit of employment, except the Fire Chief and the Board, and even then only if the agreement is in writing and is signed by the Board and the sworn member. Any oral or written statements or promises to the contrary are expressly disavowed and should not be relied upon by any existing or prospective employee. Employees are free to terminate their employment at any time, and the Department reserves the same right.

Statement of Purpose

Discipline shall be viewed as a means of maintaining an atmosphere in which efficient and effective fire and EMS service can take place. The environment of the Department shall be such that the Fire Chief and other officers shall demonstrate fair and just attitudes and disciplinary efforts toward all Department members.

In maintaining discipline in the Department, officers will use disciplinary procedures:

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• That recognizes and respects the individual's human dignity and worth;• That fit the nature of the incident;• That are fair in nature, and firm and consistent in application; and• That affords, where appropriate, due process for Department members.

In the resolution of disciplinary matters, officers will be supportive of one another so that a unified approach is pursued by the Department. It is understood that the term "Officer" can be applied to the Engineer, Lieutenant, and Captain ranks unless specifically differentiated as to their roles and responsibilities.

Expectations of Conduct

While on duty, on Department premises, at Borough sponsored activities wherever located, in uniform, or at any place where conduct relates to or reflects upon the Department; Department members are expected and required to conduct themselves in a professional and appropriate manner. This conduct includes proper regard and respect for the rights of others, the rules and regulations of the Borough, the directives of the Department and its officers, and all federal, state and local laws.

DEFINITIONS

Professional Conduct and Responsibilities

1) Standard of Conduct:a) Employees shall conduct their private and professional lives in such a manner as to avoid

bringing the Department into disrepute.

2) Demeanor:a) Employees, whether on duty or off-duty, shall be governed by the ordinary rules of good

conduct and behavior, and shall not commit any act that would bring discredit to the Department.

3) Loyalty:a) Employees shall at all times maintain an attitude of loyalty to the Department. Loyalty is an

important factor in Departmental morale and efficiency.

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4) Service:a) An employee shall serve the Department with zeal, courage, discretion and fidelity, being

cognizant of his/her responsibilities as a member of the Department at all times.

5) Integrity:a) The integrity of the employee must be above reproach. The dishonesty of a single firefighter

may impair public confidence and cast suspicion on the entire Department.

6) Respect for the law:a) No person has the right to violate the law.

i) General Responsibilitiesii) Within the island of Kodiak, officers and firefighters shall be committed to:

a. Providing professional, prompt, and efficient responses to fire and medical emergencies with highly trained personnel and state of art equipment.

b. Continued training and education to maintain a high level of proficiency in services provided.

c. Prevention of fires by enforcing the codes and ordinances adopted by the Borough.

d. The values of honesty, integrity, and public service to all the people we serve.

Attitude toward ProfessionAll employees of the Department shall regard the discharge of their duties as a public trust and recognize their responsibility as a public servant.

Duty ResponsibilitiesMembers of the Department shall respond to the lawful orders of officers and other proper authorities as well as requests for assistance from citizens.

CooperationCooperation between the ranks and units of the Bayside Fire Department with City and Borough Departments is essential. Therefore, all employees are strictly charged with establishing and maintaining a high spirit of cooperation within the Fire Department and with all other Departments.

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AssistanceAll members are required to take appropriate action toward aiding a fellow firefighter exposed to danger or a potentially dangerous situation.

Questions Regarding AssignmentEmployees in doubt as to the nature or detail of an assignment will seek such information from the appropriate supervisors.

Knowledge of Laws and RegulationsEvery employee is required to develop and maintain a thorough working knowledge of all laws and ordinances in force as it applies to carrying out their duties, in the Borough and the rules, policies, and orders of the Department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule, policy or order in question. To successfully defend against the should-have-known standard this policy places on members, the member alleged to have violated the rule, policy or order must be able to produce substantial evidence that the typical member could not have known that the alleged conduct, behavior or performance could lead to disciplinary action or termination.

Performance of DutyAll Department employees shall perform their duties as required or directed by law, Departmental rule, policy or order, or by order of an officer. All lawful orders given by competent authority shall be performed promptly as directed, notwithstanding the general assignment of duties and responsibilities.

Reporting Violations of Laws, Ordinances, Rules or OrdersDepartment employees aware of violations of laws, ordinances, rules, or misconduct shall report same in writing to the Fire Chief via the chain of command. If the member reasonably believes that information is of such gravity that it must be brought to the immediate personal attention of the Fire Chief, the chain of command may be bypassed.

General ConductEmployees shall treat all other members with respect. They shall be courteous and civil at all times in their relationships with one another and referred to by title when the public or other emergency service professionals are present.

Criticism of OrdersDepartment employees shall not publicly criticize instructions or orders received.

Manner of Issuing OrdersOrders shall be clear and understandable language, civil in tone and issued in pursuit of Departmental business.

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Obedience to Unjust or Improper OrdersEmployees who are issued orders they reasonably feel to be unjust or contrary to rules or regulations, must first obey the order to the best of their ability, and then may proceed to appeal via the chain of command unless the order is unlawful or deemed to be unsafe.

Unlawful/Unsafe OrdersSupervisory officers shall never knowingly issue any order which is in violation of any law, ordinance, or Departmental rule or put a firefighter's life in danger without reasonable justification.

Obedience to Unlawful OrdersObedience to an unlawful order is never a defense for an unlawful action; therefore, no employee shall obey any order which is contrary to Federal, State law or local ordinance. Responsibility for refusal to obey rests with the member. The officer or firefighter shall be strictly required to justify his/her actions as reviewed by the Fire Chief.

Obedience to Unsafe OrdersObedience to an order a member feels creates an unreasonable risk of death or serious injury to any person is to be respectfully declined. Responsibility for justifying that the order was unsafe to the satisfaction of the Fire Chief rests with the member.

Conflicting OrdersIf an order conflicts with a previously issued order or directive, the subordinate shall immediately inform the supervisor who issued the order or caused the conflict. It is then the issuing supervisor's responsibility to retract, modify or reaffirm the order. Subordinates confronted with conflicting orders shall follow the most recent order or directive and shall not be held accountable for the previously issued order. Orders will be countermanded only when reasonably necessary for the good of the Department.

Reports and Appeals of Unlawful, Unjust, Unsafe or Improper OrdersAn employee receiving an unlawful, unjust, unsafe or improper order shall, at first opportunity, report same in writing to the Fire Chief through the chain of command. This report shall contain the facts of the incident and the actions taken. Appeals for relief from such order may be made at the same time. Action regarding such appeal shall be conducted through the office of the Fire Chief.

Types of Disciplinary ActionThe following disciplinary measures may be assessed against any member of the Department:

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• Oral reprimand - Verbal reprimand of an employee given by any supervisory personnel having charge, jurisdiction or command over said employee with a brief written notation thereof, kept on file in the Chief s office. If no further problems within a one year period, it will be removed from that file one year from date it was issued.

• Written reprimand - A written report detailing any violation by an employee of rule, regulation or procedure published or otherwise formally adopted or the failure or refusal to comply with a reasonable order or request of a supervisor.

• Temporary Suspension -The act of temporarily denying an employee the privilege of performing his/her firefighter duties as a consequence of dereliction or other violation of Department regulation.

• Termination -The act of permanent separation from the Department.

Authority to DisciplineAlthough the Deputy Chief and Captains have authority to impose disciplinary measures, final Department disciplinary authority and responsibility rests with the Fire Chief. At all times the Captain assigned to the member or members involved shall be notified of the circumstances giving rise to and the nature of the discipline. The Deputy Chief, Assistant Chief, and Chief shall also be notified of all disciplinary action taken by all officers. Lieutenants may take the following disciplinary measures in the absence of a Captain or chief officer when it is absolutely necessary for that action to be immediate:

• Oral reprimand • Written reprimand - Form FD005 (Series)• Emergency suspension• Written recommendations for other penalties

ALLEGATIONS OR COMPLAINTS OF MISCONDUCT

Citizen Complaints against Department MembersComplaints by citizens against members of the Department shall be recorded and investigated by the Deputy Chief as soon as possible in accordance with this section. When the investigation cannot be completed on the date it is received, a preliminary report will be prepared outlining the complaint and his or her actions, and delivered to the Fire Chief via the chain of command. Cases involving the Deputy Chief shall be investigated by the Fire Chief.

Serious Allegations or Complaints of Misconduct

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If, in the opinion of the Deputy Chief, an allegation or complaint of an incident of misconduct is of sufficient gravity, the ranking shift officer as designated by the Deputy Chief shall notify the Fire Chief regardless of the hour. In addition, immediate action necessary to preserve the integrity of the Department shall be taken until arrival of the Fire Chief.

INVESTIGATION OF ALLEGED MISCONDUCT

GenerallyThe Deputy Chief assigned the investigation of an alleged act of misconduct on the part of a member of the Department shall conduct a thorough and accurate investigation.

Such investigation may include formal statements from all parties concerned, when necessary and pertinent, the gathering and preservation of physical evidence pertaining to the case, and all other information bearing on the matter.

Investigation ReportsAlleged acts of misconduct must be investigated and results of the investigation must be reduced to a written report. The Deputy Chief shall summarize the pertinent facts, including:

• An abstract (summary of the complaint or alleged act of misconduct);• Pertinent portions of any statements taken related to the incident;• A description of the incident, physical evidence and other evidence important

to the case;• The observations and conclusions of the investigating officer.

Conclusion of Investigation Involving Department MembersAll investigations of Department members accused of misconduct will conclude with one of the following findings:

UNFOUNDED: The investigation indicates that the act or acts complained of did not occur or failed to involve a Department member;

EXONERATED: Acts did occur, but were justified, lawful and proper;

NOT SUSTAINED: Investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint;

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SUSTAINED: The investigation disclosed sufficient evidence to clearly prove the allegations made in the complaint.

Appropriate disciplinary action, if required, will be recommended by the Deputy Chief in accordance with this policy. The report will be forwarded via the chain the command to the Fire Chief.

DISCIPLINARY REPORTS

Preparation of ReportsWhenever disciplinary action is taken or recommended, a written report must be submitted immediately containing the following information:

• The name and rank of the member being disciplined;• The date(s) and time(s) of the misconduct and location(s) indicating on or off

duty;• A complete statement of the facts of the misconduct;• The discipline imposed or recommended;• The written signature and position of the preparer.

Distribution of ReportsThe report shall be distributed as follows by the one imposing or recommending disciplinary action:

• Original to the personnel file and one copy to the Fire Chief via the chain of command

• One copy to the subject of the report

Informing the Member Being DisciplinedThe member being disciplined shall be informed of the charges prior to the time disciplinary action is taken.

EMERGENCY SUSPENSION

Authority to Impose Emergency Suspension

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The following officers have the authority to impose emergency suspension against a member when it appears that such action is in the best interest of the Department.

• Fire Chief• Assistant Chief• Deputy Chief• Any Captain

The Lieutenant (must contact the Chief, Deputy Chief or Captain prior to enacting the suspension if they feel that action is necessary or immediately thereafter if a safety related issue).

Follow-up on Emergency SuspensionA member receiving an emergency suspension shall be required to report to the Fire Chief on the next available business day. The Deputy Chief or officer imposing or recommending the suspension shall also report to the Fire Chief at the same time.

LEAVE OF ABSENCE POLICY (See Leave and Absence Policy)

PROHIBITED CONDUCT

Violation of LawViolation of any Federal, State, County, or local law, or Department ordinance or rule will not be tolerated.

Disobedience of OrdersFailure to obey and fully execute any order, written or oral, given by a superior which shall include but not be necessarily limited to matters covered by these rules and regulations, all general and special orders, policies and procedures of the Department and Village.

Possession/Use of Alcohol or Controlled Substances

Violation of the Alcohol and Drug Use policy will not be tolerated. (See Alcohol and Substance Abuse Policy)

Withholding Information on Criminal ActivityWithholding information on criminal activity from authorized law enforcement agencies or officers of the Department will not be tolerated.

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HarassmentHarassment in any form will not be tolerated. (See Anti-Discrimination and Equal Opportunity Policy)

Cooperation with InvestigationsFailure to fully cooperate with a criminal investigation will not be tolerated. (Nothing in this section shall be violates of one's Federal or State Constitutional Rights).

Permanent ResidenceFailure to maintain the department residency requirement to permanently reside within the area set forth in Department Policy.

Divulgence of Department BusinessDiscussion of the operations and official business of the Department which is of a confidential nature without the permission of an officer will not be tolerated.

Department CorrespondenceEntering into official Department correspondence with anyone or any agency outside the Department, except with the approval of an officer will not be tolerated.

Political Utilization of Official PositionUse of one's official position for political purposes will not be tolerated.

Notices - Posting/Circulation/Destruction/DefacingDestroying or defacing any official written notice relating to Department business.

Personal AppearanceFailure to have a neat, clean personal appearance, which negatively reflects upon the Department and the ability of the Department to foster a professional, efficient, effective image/posture, will not be tolerated. The wearing of any improper uniform, failure to carry all necessary equipment or to maintain one's uniform and/or equipment in good order in violation of the Department's uniform protocol is prohibited.

Department Property - Reporting Damage/ReturnFailure to immediately report, in writing, all damage to Department vehicles and equipment or to file such reports which contain all known facts surrounding the cause and nature of the damage. Members shall return all equipment owned by the

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Department when they retire; resign, or otherwise leave the Department and they shall return any equipment when ordered to do so because of suspension or other absence from work.

Unauthorized Persons in Department VehiclesAllowing non-department members to ride in Department vehicles without the permission of the ranking officer or Chief Officer will not be tolerated.

Duty to Read/Understand and Comply with OrdersFailure to read, understand, or comply with all rules and regulations, general, procedural and special orders, policies and procedures of the Department, written or verbal orders of an officer. Any question as to the meaning or application of any law, rule or regulation, general or special order, policy or procedure, written or verbal order should be asked immediately for clarification to the ranking shift officer.

Truthfulness/CooperationRegarding Department matters, making reports or conducting Department business in a less than truthful and/or cooperative manner will not be tolerated..

Department Records/Reports/CitationsStealing, altering, forging or tampering with any kind of Department record, report or citation will not be tolerated. To this end, the removal of any record, card, report, letter, document, or other official file from the Department, except by process of law or as directed by the Fire Chief or a superior, is prohibited. Additionally, the obtaining/duplicating, or attempted obtaining/duplication of any information from Department files, sources or reports other than that to which one is properly entitled to in accordance with one's duties/assignments is prohibited.

Absence from WorkAbsence from scheduled work assignments (shift, sleep-in, scheduled coverage's, etc.) without permission from the ranking officer or abstaining wholly or in part from the full performance of one's duties in one's normal manner without permission.

Residence - Telephone/AddressFailure to maintain a telephone at one's residence (cell phone acceptable) or to immediately notify the Fire Chief, in writing, of any change of address or telephone number.

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Gifts - Solicitation/AcceptanceMembers shall not solicit any gift, gratuities, loan, present, or any fee for personal gain. Any item not found on this list or explicitly covered here, but falls under the categories of solicitations or gifts, shall be discussed with the department Officers. The Fire Chief holds final say on whether or not the item or situation is appropriate.

Morale/Efficiency/Image/Public ConfidenceEngaging in conduct, written or oral expression on or off-duty which adversely affects the morale or efficiency of the Department, or in the alternative, engaging in conduct on or off duty which may destroy public respect for the member and/or the Department and/or destroy confidence in the operation of the Department’s service will not be tolerated.

Prompt Performance of DutyFailure to promptly perform as directed, all duties required by a superior including the assignment of duties in addition to the general or routine assignment of duties and responsibilities.

InsubordinationAny Insubordination toward an officer will not be tolerated. Some examples of this type of behavior are failure or deliberate refusal to obey a lawful order given by an officer, ridiculing an officer's orders whether in or out of their presence, or disrespectful, mutinous, insolent or abusive language toward an officer.

Solicitation of Favorable ActsSoliciting anyone to intercede with the Fire Chief, Board, or any elected/appointed official, in relation to promotions, departmental assignment, and disposition of pending charges or findings on disciplinary proceedings will not be tolerated. Nothing in this section shall be construed to be applicable to licensed attorney at-law of the State of Alaska, or other legally authorized representatives, when representing a member of the Department in a disciplinary meeting or conference. However, no member has the right to be represented by a third party in a routine conference or meeting held for the purpose of evaluating the member's performance or discussing the member's problems, where no charges against the member are being presented, or no disciplinary action against the member will be taken.

Physical/Mental ConditionLack of maintenance of good physical / mental condition which interferes with the proper handling of Department business will not be tolerated.

Promptly Reporting For Duty

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Report on time for all regular and special duties assignments.

Termination of Duty/AssignmentTermination of duty/assignment unless properly relieved or dismissed by supervising authority.

Cooperation with Internal Investigation OfficerFailure to answer questions, respond to orders, or to render material and relevant statements.

Leaving the VillageGoing beyond the Department's geographic boundaries while on duty, unless in the performance of actual duty related activities or with the approval of the ranking officer, will not be tolerated.

Loss of Property/Equipment ReportingFailure to promptly report to the Fire Chief or his designated agent the loss of any Department property/equipment that has been furnished the individual will not be tolerated.

False/Unnecessary ComplaintsMaking a false or unnecessary complaint against a fellow member of the Department will not be tolerated.

Use of Private Vehicles/EquipmentUse of private vehicles/equipment for official purposes, unless directed/authorized to do so by the Fire Chief or the ranking shift officer, is not acceptable.

ReportsFailure to promptly submit such reports, as is required by the performance of one's duties or by a superior, will not be tolerated.

PROCEDURES

Those Subject to Disciplinary ActionAny employee is subject to appropriate disciplinary action.

Responsibility

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Captains, and in their absence Lieutenants, are responsible for the performance, conduct and adherence to Department directives, policies and procedures by subordinates:

• Serious incidents shall be reported in writing to the Fire Chief;• Incidents involving superior or exceptional performance shall be summarized

by the Shift Officer and forwarded to the Fire Chief for consideration for acknowledgement.

Fire ChiefThe Fire Chief shall insure that all policies, regulations, rules, procedures and other directives are uniformly enforced.

The Fire Chief may take any disciplinary action as necessary. Recommendations for action made by subordinates may be considered, however, are not binding in terms of considering a course of action.

Punitive Action as a Function of DisciplineTypes of discipline (penalties):

• Oral reprimand• Written reprimand• Temporary Suspensions• Termination.

Termination ProcedureIf an investigation of employee misconduct results in termination, the following information will be provided to the employee:

• A statement citing reasons for termination.• Effective date of termination.• Appeal is in writing according to Bayside Fire Department Grievance

Procedure. (See Grievance Policy)

RecordsAll records and support documents that relate to disciplinary action will be placed in the department member's personnel file maintained by the Bayside Fire Department in accordance with Borough policy and State Statutes.

CODE OF CONDUCT - NON SUPPRESSION SUPPORT PERSONNEL GENERAL

STATEMENT OF POLICY

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The following policies have been prepared to assist non-suppression, support personnel of the Bayside Department of Fire and Emergency Services in understanding and carrying out their duties, responsibilities and privileges as Department employees.

The contents of these policies are presented for employee's information. These policies continue the current policy of at-will employment. All personnel are considered employees at-will, and any and all language which might be construed to the contrary is hereby specifically disclaimed.

Nothing in these policies is intended to, or shall, create any contractual obligations of any kind, and all provisions in the policies are subject to change by the Department at any time if it is in the best interests of the Department to do so. No policy, benefit or procedure implies or may be construed to imply an obligation of the Department or an employment contract. No promise of employment or employment¬ related benefit(s) for any specific period of time is offered, established or to be implied in or from anything in these policies.

No representative of the Department has any authority to enter into any agreement for employment for any specified period or agreement for remuneration or any other benefit of employment, except the Fire Chief and the Fire Protection Board, and even then only if the agreement is in writing and is signed by the Fire Protection Board and the sworn member. Any oral or written statements or promises to the contrary are expressly disavowed and should not be relied upon by any existing or prospective employee. Employees are free to terminate their employment at any time, and the Department reserves the same right.

Prohibited ConductEmployees serve at the will of the Department. However, certain acts or omissions shall result in disciplinary action, to the extent applicable; employees shall be subject to the same list of prohibited conduct set forth on pages 11-14 of the Department's Code of Conduct for Department Personnel. The list of prohibited conduct is intended solely to provide employees with guidelines for conduct and is not intended to be an all-inclusive list of unacceptable behavior. Rather, it is simply a list of examples of the types of misconduct which can result in discipline.

Disciplinary ActionDisciplinary action may include oral warning, written reprimand, temporary suspension or termination. Nothing in this policy shall be construed in any way to

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require the use of progressive discipline. Rather, the level and severity of any disciplinary action shall be in the sole discretion of the Department Prior to imposing disciplinary action, the Fire Chief or his designated representative shall meet with the employee to discuss the proposed action. The employee will be given the opportunity to respond to any charge of misconduct.

Howard S. Rue III

Fire Chief

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