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HomeMy WebLinkAboutTWP 96 012 Amend No. 95 25 Fire :1 , . ' , !, " ~ Ii 1; . . 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. ~ j 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; ~ ': rj 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 . 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. h .j. :: ;J .' 27.3 The Chief shall follow the progressive disciplinary steps as outlined below: '.' (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) ; . , :1 '1 " (c) ~ ¡ (d) ~ 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 .' ~ !I i! '! . !I ¡¡ . ;! !; I - :, :; . . ¡¡ i¡ ,. !1 '-J page t2 By-La.w 96-12 îi ì¡ i 27.4 Following the suspension of any member, the Chief of the Department shall report the suspension and his/her recommendations to the Board. I' 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. d , ;j 27.6 Following any hearing, the Board's decision shall be final. " 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. '1 i: , ;i 28.0 ("~ T1I1"I' 'PAnI"'Ii!nTTRIl ~ ; Ii ~ , 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: ¡: ¡; " -¡ ! ~ \j Ii ¡i 11 (a) Members shall discuss with the Chief any complaints which he/she may have. j! ¡ , , (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. ., Ii ~ ¡; î: ¡i ;: ,. ! ~ " " i ~ ; Î! ¡¡ i' !i H ,;, 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) i; , (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. H ¡! '1 'j , ii ;! " " 'i : (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. :1 H ¡j (f) The Board's decision shall be final. 11 tj :i Ii 'i ~ ! ;1 .. 1\ ¡: ); · · · . . . . Page '3 By-La.w 96-12 . !¡ 2. This By-Law shall come into full force and effect upon its final passage. Î I 'I 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. ~ ¡ ;1 ,.! -I READ a THIRD and rnmLLY .~-if ~ ' ;1 SEAL :~ q ~ ¡ H ; 'I .' , :¡ '. ~ " "j ; ~ , iI [j ! ·1 , , "! ~ ~ j ti~ PASSED this ~ day of ~ ,1996. ~~i.d!