7. FSTFSR 03-07-2012 - Laserfiche WebLink

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The election process in fire departments needs to be eliminated altogether. While this process may be deeply established in fire department practices, in most cities only the city council is authorized to hire employees, including volunteer firefighters. In some cities, the city manager or administrator might be authorized to hire employees. But in no case may employees be hired by a vote of other employees. In addition, an election process cannot be defended in the face of a lawsuit alleging discrimination. If a 30-year-old is elected rather than a 60-year old, and the 60-year-old claims age discrimination, there's simply no way to prove that. it wasn't a discriminatory decision if all you have is the election result. Learn More Read more about selection criteria for firefighters and election practices in: Selection Vs. Election: The Choice Is Clear It's perfectly fine-and even desirable-to have firefighters give input as to who might make a good fire department employee or officer, but ultimately the hiring decision rests outside of the firefighters, themselves. Selection criteria for firefighters-such as written exams, minimum certifications, physical fitness or agility requirements, and oral interviews-are entirely appropriate and strongly encouraged. These criteria belong with the city's other HR requirements and hiring policies. Note that elections for relief association officers are also entirely appropriate. The process being discussed here is specific to fire department elections. Job Duties Any definition of firefighter job duties belong with the city's other job descriptions, in HR policies. There's no reason to have job duties defined or described in fire department bylaws. Code of Conduct and Behavior Standards Bylaw provisions sometimes include appropriate behavior for firefighters, whether on- or off-duty. These standards are typically ill-defined and hard to measure, such as language requiring firefighters to "perform in a manner likely to support efficient fire operations" while on-duty; or act "appropriately" when off-duty and in public. Performance standards established in a code of conduct need to be measurable and applied consistently among all members of the department; and any resulting discipline needs to be handled in accordance with city policy. In short, these bylaw provisions are really employee performance criteria and belong with the city's HR policies. Learn More Read more about off-duty conduct expectations in: Off-Duty Conduct: Leaal Issues and Practical Solutions 3