BY RICHARD A. MARINUCCI
Some of the issues that show up on the chief’s desk are the result of something that occurred outside the performance of the job. These situations can be a little more complicated and tricky to handle, as some job policies and procedures may or may not apply to off-duty time. Obviously, if a crime is committed and a conviction is obtained, there is a clear reason to react and take action. Minor indiscretions and protected activities provide little reason to act on behalf of the organization. However, many of the issues fall in the gray area where there is a need to investigate further. The facts from the investigation may or may not indicate that action by the fire chief is required.
Consider this case. You receive an e-mail from a neighboring police chief. He identifies one of your members who had a minor confrontation with a former girlfriend in a restaurant. Allegedly, the girlfriend and a male friend entered the restaurant where your firefighter was already eating. The firefighter got up from his table and went to talk to the former girlfriend. He grabbed the woman by the arm and asked that she leave. She didn’t. Later, the firefighter returned to the ex-girlfriend’s table, pounded on it, and then hit the male companion in the face with a notebook.
The male companion reported the incident to the local police and showed them a mark on his face. The police contacted your firefighter. He was very cooperative and went to the police station as requested. The firefighter said he wanted to be represented by an attorney. He presented his side of the story. The police had a written report of the incident, and the complainant wanted to press charges. The e-mail to you indicated that this information was sent to the prosecutor’s office for consideration. As an added bit of information, the police chief indicated that it appears that the woman may have intentionally provoked the confrontation.
This is an example of how important relationships can be. You were given this information very early by the neighboring police chief. He did not have to do this, but he did so out of courtesy to you. This does not always happen. When it does, it gives you an early start and lessens the surprise element you could get if a warrant were issued and your boss or the media found out before you. And, as is the case in many departments, others in the organization will find out through their sources. If you have the information, it provides facts should the rumor mill crank up on this issue.
You cannot prevent all problems. Therefore, it is important to do what you can to set up a system that allows you the best opportunity to address problems on your terms. Getting a head start through early notice is very helpful. This occurs usually because you have good relationships with others. Being visible, meeting people, and being professional build good relationships. Personal interactions are very important, and you never know if or when they will pay off. Networking is vital.
Now that you have this information, what will you do? Start your investigation as soon as you possibly can. Depending on how your department is organized and its size, you need to determine who will do the initial follow-up. You may even consider your relationship with the police chief. It could be best to keep this issue between the two of you. Besides the investigation, make sure you contact the neighboring police chief to thank him for the heads up. Even though his e-mail indicated that he did not expect a response, it is good for the relationship to acknowledge the e-mail. In this case, a phone call may be better than a simple return e-mail. Besides making this contact, let your boss know. Remember the basic rule: Don’t let your boss be surprised if you can help it.
Next, meet with your firefighter. This has two purposes: It gives him an opportunity to tell his side of the story, and it lets him know that it is always better to find out first from him, not the police. This could be a culture issue within your organization. Members need to know their personal responsibility is to report issues to their supervisor. All of the members must know and understand the importance and benefit of being the first one to deliver potentially bad news. Also, members need to know that they can rarely hide issues. They need to know that you will ultimately find out. Hearing first from the proverbial “horse’s mouth” usually is an advantage for the firefighter.
Based on your meeting, you find that the facts are basically as stated. One thing to remember is that you are not under any real time frame to act instantly though you may have some constraints if there is a collective bargaining agreement. There are two outcomes that could happen, which will affect your ultimate decision: Either charges will be filed, or the case will be dropped. If the case is not prosecuted, you have more options. If it is, then you will need to take more definitive and immediate action.
If nothing more comes of the incident, you probably don’t need to do much more than have a counseling session—a teachable moment, if you will—with your employee. It never hurts to continually remind members of their need to be on good behavior all the time. One thing to consider is the member’s history and work record. A clean file and good work help make the decision easier to move on. If the employee has a little history, you may need to do a bit more to emphasize the importance of representing the department both on and off duty. Though not everyone agrees, there is a difference in how the problem is handled based on job performance. Employees should know that their contributions and efforts as well as previous problems can affect the outcome.
If the case proceeds to the point that charges are filed, then there is another decision point. You will need to know what specific charges are being filed. There is a difference between a misdemeanor and a felony. If the latter is the case, then it is a much more serious situation. You may need to consider a suspension until there is resolution. For a misdemeanor, you can be more lenient while still taking the appropriate action. Check your rules and regulations, policies and procedures, and check with any in-house experts such as Human Resources or the attorney. You do not want to complicate things by taking action that is not within your rights or the law.
Off-duty incidents can be tricky. Seeking the advice of others with more experience can be very helpful. The debate over what an employee can and can’t do while on the job will continue. Some will maintain that their time is independent of their work as firefighters. Others say that the employee represents the organization all the time. There are no concrete rules, and each case must be investigated and addressed based on the specific circumstances. Although many believe that firefighters are held to a higher standard of behavior, the views of the legal system must be considered. Finally, your employees deserve a fair shake and their day in court—either the real system or with you.
All of the members must know and understand the importance and benefit of being the first one to deliver potentially bad news.
RICHARD A. MARINUCCI has been chief in Northville Township, Michigan, since January 2009. Previously, he was chief in Farmington Hills (1984–2008), president of the International Association of Fire Chiefs, and chief operating officer of the U.S. Fire Administration. He has bachelor degrees from Western Michigan University, Madonna University, and the University of Cincinnati.
Richard Marinucci will present “Chief Problem Solver” on Tuesday, April 17, 8:00 a.m.-12:00 p.m., at FDIC in Indianapolis.
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