HomeMy WebLinkAboutKIN 96 053 Repealed by No04 160
-
e
e
-
fI(
BYl.AWNO~
DA~('f - 20 ? (Y)J..t
THE CORPORA TION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1996-53
A BY-LAW TO AMEND BY-LAW NO. 1995-41, BEING A BY-LAW TO
PROVIDE FOR A FIRE DEPARTMENT.
WHEREAS the Council for The
Kincardine deems it expedient
beomg a by-law to provide for a
Corporation of
to amend By-law
Fire Department;
the
No.
Town of
1995-41,
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. THAT Clauses 27.0 and 28.0 of By-law No. 1995-41 be
deleted and replaced with the following new clauses:
27.0 DISCIPLINARY PROCEDURES
27.1 Disciplinary action should be corrective, not
punitive.
27.2 When a situation arises where the chief feels that
disciplinary action may be required, he/she will
gather all the facts and discuss them with the
member prior to instituting any disciplinary
measures.
27.3 The chief shall follow the progressive disciplinary
steps as outlined below:
(a)
The chief shall discuss the problem with
member and will give a verbal warning to
member. This discussion will be documented
the chief.
the
the
by
(b) Where the infraction continues or is repeated, a
clear written warning from the chief to the
member, outlining the nature of the infraction,
expected corrective action within a specified
period of time, and consequences if the member
fails to comply. A copy of this letter shall be
filed in the member's personnel file.
(c)
If necessary, a second written warning will be
issued to the member, indicating that this is a
final warning before more serious consequences
will follow. A definite time period should be
outlined for the member to correct his/her
conduct. A copy of this letter shall also be
placed in the member's personnel file, a copy
provided to the administrator, and to the Board.
. . . /2
Page 2
By-Law 1996-53
e
27.3
(cont'd)
(d) If the member does not meet the requirements set
out in the letter, the chief shall meet with the
administrator to determine appropriate
disciplinary action (and obtain legal advice, if
deemed necessary), which may include one or more
of the following measures:
(i) referral to counselling;
(ii) withholding of a promotion;
(iii) demotion;
(iv) suspension with or without pay for a
specified period of time;
(v) dismissal from the department.
27.4 Following the suspension of any member, the chief of
the department shall report the suspension and his/her
recommendations to the Board.
e
27.5 A member shall not be dismissed without being afforded
the opportunity of a hearing before the Board, if
he/she makes a written request for such hearing within
seven (7) days after receiving notice of his/her
proposed dismissal.
27.6 Following any hearing, the Board's decision shall be
final.
27.7
In the event of an action by a member
immediate suspension or dismissal,
consider the matter immediately and
action it considers appropriate.
which warrants
the Board may
take whatever
28.0 COMPLAINT PROCEDURE
28.1 With the exception of such matters as are governed by
the regulations made under provincial legislation, any
member complaint shall be dealt with as follows:
e
(a)
Members shall discuss with the chief
complaints which he/she may have.
any
(b) If a member has a complaint that he feels has
not been resolved to his satisfaction by
discussion with the chief, he may, without fear
of recrimination, discuss the complaint with the
chair of the Board. The Board chair shall
document the discussion and must reply to the
complaint within two (2) working days. A copy
of the reply shall also be provided to the
chief.
(c) Failing a satisfactory settlement of the
complaint, the member, without fear of
recrimination, may within three (3) working days
submit the complaint in writing in full detail
to the Board.
(d)
The complaint will be placed on the confidential
agenda of the next Board meeting and the chief
will be invited to attend. The member shall be
invited to state his case, listen to the chief's
reply, and then be required to withdraw. The
chief shall also be required to withdraw.
-
·
e
-
e
Page 3
By-Law 1996-53
28.1 (cont'd)
(e) The Board shall then consider the case and on
reaching a decision, so notify the member in
writing, with a copy to the chief. The Board
may defer a decision at its option to obtain
additional information, but must render its
decision within fourteen (14) working days.
(f) The Board's decision shall be final.
2. This by-law shall come into full force and effect upon
its final passage.
3. This by-law may be cited as the "Fire Department
Amendment By-law, 1996".
READ a FIRST and SECOND time this 20th day of June, 1996.
READ a THIRD time and FINALLY PASSED this 18th day of July,
1996 .
~,~~
~
Clerk