P-040_Volunteer_Appeal

Issued By: Volunteer Program Manager
Approved By: Fire Chief Ken Stuebing 
Date of Issue: 2015/02/24
Revision Date: 2021/09/16

PURPOSE: 

To establish a formal appeal process for all HRFE volunteer members.

OBJECTIVE:

To provide a consistent process for volunteer members who wish to appeal their discipline or termination.

SCOPE:

The appeal process is available to volunteer members only.

POLICY:

All volunteer members may invoke this appeal process in any situation where they believe that they have been improperly disciplined or terminated under P-032 Discipline. Disciplinary reviews conducted under this policy are confidential as outlined in the HRM Privacy Policy. Violations of this policy, whether intentional or inadvertent, may result in disciplinary action up to and including termination. Where appropriate, legal sanctions may be pursued.

PROCEDURE:

Step 1: The disciplined volunteer shall present their appeal, in a written letter or email, to their District Chief within fifteen (15) business days of receiving discipline.

Step 2: The District Chief shall acknowledge receipt of the appeal in a written letter or email to the volunteer member within seven (7) business days and will forward the written appeal to the Volunteer Program Manager (VPM).

Step 3: The Volunteer Program Manager will convene an Appeal Review Panel composed of three (3) volunteer officers.  The role of the panel is, after consideration of all facts, to prepare a written opinion about the discipline.  This opinion, at a minimum, will answer three questions:
1.    On a balance of probabilities, was there blameworthy conduct on the part of the volunteer?
2.    Was the discipline imposed reasonable?
3.    Does the panel recommend that discipline be upheld, altered or removed?

Step 4: The Appeal Review Panel shall establish dates and times to meet with the disciplined volunteer and any other persons of interest to review the facts of the appeal. The Appeal Review Panel can request further details and clarification from the disciplined volunteer as needed.

When the review is complete, the Appeal Review Panel will submit their opinion in a single written letter or email to the Volunteer Program Manager.

Step 5: The VPM will review the opinion and share the results with the relevant managers. 

a.    If the opinion of the Appeal Review Panel does not support the appeal made by the disciplined volunteer, the appeal is complete, and the discipline stands.

b.    If the Appeal Review Panel supports the appeal, the Volunteer Program Manager will present the written recommendations to the Fire Chief for final review and ruling.  The manager who imposed the discipline shall provide evidence to the Fire Chief for consideration. The Fire Chief may consult with witnesses or expert advice (e.g., human resources, legal services, etc.). The decision of the Fire Chief is final.

Step 6: Within ten (10) business days of receiving the Fire Chief’s decision, the Volunteer Program Manager will communicate the outcome of the appeal to the disciplined volunteer in a written letter or email.

If requested, the Deputy Chief of Performance & Safety and the Volunteer Program Manager will meet with the disciplined volunteer to discuss the decision. These meeting shall be for the purpose of answering questions from the volunteer but will not be a forum for further reconsideration of the discipline.


RELATED POLICIES/ OPERATING GUIDELINES:
•    P-032 Discipline
•    HRM Privacy Policy

POLICY REVIEW:

This policy shall be reviewed when/if there are changes/amendments to the appeal process for HRFE volunteer members.