HomeMy WebLinkAboutTWP 96 012 Amend No. 95 25 Fire
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THE COlU'ORATIOR 01' THE TOMBSBIP 01' KIlICl\RDDU:
BY-LAJi 96-12
A BY-LAJi TO MIBlm BY-LAW 110. 95-25, BEING A BY-LAW TO
PROVIDE I'OB. A I'DU: DIi:PARTMEIIIT.
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1iHIi:1ŒAS the Council for The Corporation of the Township of
Kîncardine deems it expedient to amend By-Law No. 95-25 being a
By-Law to provide for a Fire Department;
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NOW TBERErORE the Council for The corporation of the Township of
Kincardine BRaCTS as follows:
1. THAT Clauses 27.0 and 28.0 of By-Law No. 1995-25 be deleted
and replaced with the following new clauses:
27.0 DISCIPL~~V VRnrT-nURXS
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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.
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27.3 The Chief shall follow the progressive disciplinary
steps as outlined below:
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(a) The Chief shall discuss the problem with the member
and will give a verbal warning to the member. This
discussion will be documented by the Chief.
,; (b)
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(c)
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(d)
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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.
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.
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 counseling;
(ii) withholding of a promotion;
(iii) demotion;
(iv) suspension with or without pay for a
specified period of time.
(v) dismissal from the Department
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page t2
By-La.w 96-12
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27.4
Following the suspension of any member, the Chief of
the Department shall report the suspension and
his/her recommendations to the Board.
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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.
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27.6 Following any hearing, the Board's decision shall be
final.
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27.7 In the event of an action by a member which warrants
immediate suspension or dismissal, the Board may
consider the matter immediately and take whatever
action it considers appropriate.
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28.0 ("~ T1I1"I' 'PAnI"'Ii!nTTRIl
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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:
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(a) Members shall discuss with the Chief any
complaints which he/she may have.
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(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.
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Failing a satisfactory
complaint, the member,
recrimination, may within
days submit the complaint
detail to the Board.
settlement of the
wi thout fear of
three (3) working
in writing in full
(c)
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(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.
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(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
addi tional information, but must render its
decision within fourteen (14) working days.
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(f) The Board's decision shall be final.
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Page '3
By-La.w 96-12
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2.
This By-Law shall come into full force and effect upon its
final passage.
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3.
This By-Law may be cited as the "Fire Department Amendment
By-Law, 1996".
READ a FIRST and SECORD time, this ~ day of August, 1996.
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-I READ a THIRD and rnmLLY
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;1 SEAL
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PASSED this ~ day of ~ ,1996.
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