Show me a fire chief who enjoys administering discipline, and I'll show you a fire chief who has little respect and little credibility within the ranks of the department. For the most part, that kind of fire chief doesn't exist. I think I speak on behalf of all fire chiefs who love people and want the best for the members of their organizations when I say we do not enjoy disciplining employees.

Though discipline is one of the least favorable of mandates placed upon the chief, it's essential to a wholesome, efficient department. Disciplinary decisions have become extremely challenging in today's fire service — challenging from the standpoint of satisfying all stakeholders.

The old adage “damned if you do, damned if you don't” is a fitting description of the current state of affairs for most chief officers. Damned if you do? Most employees, no matter how clear the facts, no matter how just the corrective action, feel they were mistreated and received more punisment than they deserved. Employees disgruntled by disciplinary decisions exercise many appeal options, such as civil service board appeals, grievances, Equal Employment Opportunity Commission action and lawsuits, that extend the process, sometimes for months. Some employees develop resentment that lasts for years. Fire chiefs have lost friends because of disciplinary decisions.

Damned if you don't? Most employees expect fire chiefs to enact disciplinary action for sustained rule and policy violations, but they also expect the punishment to fit the crime and be consistent with previous disciplinary decisions on the same infractions. When chiefs allow issues such as rank, race, favoritism, nepotism and gender to influence corrective action, we're in trouble. Chiefs who violate a precedent by reducing a disciplinary action for favoritism or increasing one for discrimination are damned!

Approaches to discipline

For years now, we have been trained that the best approach to discipline is to create an atmosphere of self-discipline. Additionally, when discipline is necessary, it's important to be fair and consistent, using the least amount of corrective action to bring about the necessary change in behavior. It all sounds good, but fire chiefs have to find a way to make it happen. These time-honored principles of corrective action should be assimilated in the department's culture and practiced from the company level to the fire chief on each decision for corrective action.

Shifting the paradigm of disciplinary tradition requires an inclusive and innovative approach to effective administration of corrective action. To create a climate of self-discipline where all members look forward to coming to work and there are no barriers to hinder them from giving their best, a department must have adequate controls: rules, regulations, policies and procedures, standard operating guidelines, protocols and administrative procedures. When controls are properly derived, regularly reviewed and clearly communicated, an atmosphere develops where employees self-monitor personal conduct. Most personnel want to do what is right. Reviewing and revising policies as a crew, staff or on an individual basis enhances self discipline and minimizes the need for corrective action.

Another approach to a disciplined organization is to have a formal process for special recognition and commendations. If you really think about it, fire departments should have more special recognition and commendation ceremonies than pre-disciplinary conferences and counseling sessions. Everyday firefighters are doing things worthy of formal recognition. Taking 10 minutes at the beginning of a staff meeting or even calling a special meeting for the purpose of recognizing the performance of an employee or crew strengthens the culture of self-discipline.

Disciplinary policy

Because discipline is necessary and organizational support for corrective action is essential for good discipline, the disciplinary process should be expressed in a written policy.

The policy should represent a valiant attempt to remove as much subjectivity as possible. All employees, union leaders and the legal counsel for the department should be included in the development of the disciplinary policy. Once the policy has been developed, it's incumbent upon all department supervisors to administer discipline in accordance with the policy. Accurate application of the policy should be evaluated at each level of the chain of command before a decision is final.

The Shreveport (La.) Fire Department has devised such a policy. After significant research and effort, we now have a policy composed of best practices from public organizations and private industry. The procedure considers personnel law, the Firefighter's Bill of Rights, a system of checks and balances through the chain of command, and a point system for arriving at disciplinary decisions.

Corrective action may be initiated at any supervisory level. When alleged violations of rules or policies occur, the supervisor initiating the report places the corrective action in one of three categories: record of oral counseling, written directive for corrective action, or recommendation for disciplinary action. These options are common in most fire departments. All too often they aren't clearly defined, however, creating inconsistency and confusion in selecting the appropriate action for the rules violated.

Record of oral counseling. Oral counseling is generally the first step in the corrective action process, to be taken in the event of a minor violation of a departmental rule, regulation or procedure. The supervisor shall describe the details of the counseling on a supervisory action report. In essence, the fire officer is bringing the infraction to the attention of the member. With this action, the original copy of the report is maintained by the supervisor after the counseling interview. The member may also receive a copy. Records of oral counseling are teachable moments where minor infractions are noted and progress on poor performance is conveyed in an effort to decrease the likelihood of a future occurrence.

Written directive for corrective action. A written report is submitted for a more severe offense or for repeated minor offenses that are similar in nature. The supervisor is officially informing the employee that specific improvements in work performance or behavior are expected. Consequences for failure to comply are also explained. Both the supervisor and member are required to sign the report. This written directive must be evaluated at each supervisory officer level above the initiating supervisor to determine if the action is credible and completed according to established policy.

Guidelines for initiating a written directive are infractions that cause:

• Indirect negative impact on the image of the department;
• Damage to people, property or interest in property;
• Damage to the credibility of the crew, district, division or department; or
• Neglect of duty that resulted in lost equipment.

Recommendations for disciplinary action are submitted for more severe offenses or for repeated minor to moderate offenses. The fire officer is formally pointing out performance or behavior deficiencies and specific improvement objectives. The supervisor is recommending the chief fire executive to consider corrective action beyond his or her level of authority, such as a letter of reprimand, suspension, fine, demotion or termination. These formal recommendations are submitted through the chain of command. If the allegations pass the credibility test through the chain of command, the fire chief calls for an internal affairs investigation.

Disciplinary actions

Internal affairs investigations are initiated by the fire chief or a designated chief fire executive. All investigations for discipline are conducted by a trained investigator. Many fire departments use trained arson investigators for this purpose; others train administrative personnel for investigations. The training program for investigators should be credible enough to withstand legal scrutiny. Outcomes of investigations fall in one of four categories: exonerated, unsustained, sustained unrelated and sustained. Each allegation cited should be classified as such.

On sustained allegations where evidence supports the charges, a pre-disciplinary conference is scheduled. Time should be allowed for the member to prepare, usually at least 72 hours. Pre-disciplinary conferences are intended to precede any final decision on corrective action. All participants are afforded an opportunity to review the charges and the supporting evidence. The member charged is required to attend and have a representative present. The member is allowed to ask questions and make statements of his or her position.

Representatives from the county or city legal and personnel departments should be required to attend. Their role is strictly advisory and to ensure that the employee is given a fair chance to participate. No corrective action is administered during this conference. If the internal affairs report finds charges against a member to be sustained, the matter is forwarded to the disciplinary review board after the conference.

Disciplinary review boards are a relatively new concept for fire departments, intended for consulting and review. Charges are measured against specific offenses as defined by law or policy. Base points and supplemental points are added based upon the defining characteristics of the case. Points are totaled and lead to a chart that categorizes corrective action and leads to a minimum and maximum recommendation. The review board forwards the recommendation to the chief, who renders a decision.

The fire chief has the responsibility to meet with the chairman of the review board to ensure that the points fit the defining characteristics of the case. The division chief who conducted the pre-disciplinary conference should be consulted to determine the willingness of the member to cooperate, the member's behavior during the process, and the measure of accepting responsibility or placing blame. These factors are helpful in determining whether the minimum or maximum recommendation is appropriate, or whether to grant suspension or fines, demotion, or termination.

Any member who feels that he or she has been discharged or subjected to any corrective or disciplinary action without just cause should have an appropriate appeal process. Fifteen days is the general practice for time allowed for appeals. Civil service or personnel boards should receive the request in writing and schedule a hearing date.

Assuring a fair and equitable disciplinary process consistently applied from one case to another and preparation for appeals are the very best a fire chief can give. The outcome rendered by boards that hear appeals is often politically driven, sometimes union-manipulated and quite often subjective.

When decisions are upheld, it should not be considered a victory. When decisions on discipline are reduced or overturned it should not be considered a defeat. Don't be discouraged by decisions that do not go our way. Shake the frustration and disappointment, and continue to treat the member with dignity and respect.

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Kelvin J. Cochran is the fire chief for the Shreveport (La.) Fire Department. A 24-year department veteran, Cochran is a member of the International Association of Fire Chiefs and is chair of the Metro Chiefs Section. He holds a master's degree in industrial psychology from Louisiana Tech University and a bachelor's degree in organizational management.