DISCIPLINARY ACTION CHECKLIST - IAFC

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[ ] Operational Issue (apparatus/equipment damage) -- Consider internal investigator [ ] Neutral; unbiased; no level of involvement in the incident [ ] Trained in conducting workplace investigations [ ] Experienced in fire service investigations [ ] Team approach may be appropriate [ ] Consider investigator’s ability as an effective witness in the event of litigation? DEVELOPING THE INVESTIGATION PLAN [ ] Gather related information [ ] Allegations [ ] Written complaint/allegation [ ] Information from other sources may require investigator to identify the specific complaint/allegation [ ] Documents (i.e., memos, letters, E-mails, pictures) [ ] Departmental policies, procedures, SOG’s, SOP’s, etc. [ ] Determine the scope of the investigation [ ] Identify the facts on which to base a determination of whether or not a policy violation occurred [ ] Identify potential witnesses [ ] Outline potential questions related to the alleged policy violation [ ] It’s not a fishing expedition! [ ] Evaluate the need for any temporary adjustments to the workplace/work assignments [ ] Administrative Leave w/ Pay [ ] Complainant [ ] Individual who is the subject of the investigation [ ] Reassignment or readjustment of schedules [ ] Give consideration to potential perception of retaliation 4
[ ] Plan the logistics of the investigation [ ] Timing -- the sooner after the alleged incident, the better [ ] Location -- use discretion [ ] On duty vs. off duty interviews [ ] Determine method of documentation [ ] Handwritten notes [ ] Computer typed notes [ ] Audio recording [ ] Who will be present? [ ] Investigator [ ] Employee [ ] Union representative (if applicable) [ ] Employee’s representative • Depending upon state law/union contract • Not required to inform employee of the right to have someone else present • Not required to allow if there is no potential for disciplinary action against that employee • But, why not? What’s the downfall? [ ] Provide notice of investigation (see sample memo) [ ] Determine if Garrity Warning should be issued [ ] Applicable if there is potential for criminal prosecution for the person being interviewed CONDUCTING THE INVESTIGATIVE INTERVIEWS [ ] Determine the order of interviews [ ] Complainant [ ] Witnesses [ ] Subject of the Investigation [ ] Conduct interviews 5
Page 1 and 2: DONNA AVERSA Leonard & Felker, P. L
Page 3: CHECKLISTS FOR WORKPLACE INVESTIGAT
Page 7 and 8: [ ] Prepare written report of findi
Page 9 and 10: DUE PROCESS RIGHTS CHECKLIST [ ] Fo
Page 11 and 12: SEVEN TESTS OF “JUST CAUSE” FOR
Page 13 and 14: SAMPLE LETTER OF INTENDED DISCIPLIN
Page 15 and 16: Is the Department required to give
Page 17 and 18: HOW MUCH PROCESS IS DUE PROCESS? Th
Page 19 and 20: Rule 1: The employee must make a cl
Page 21 and 22: PUBLIC RECORDS The statutes vary by
Page 23 and 24: ARIZONA STATE EMPLOYEE DISCIPLINE R
Page 25 and 26: Defendant Wagner, of Littleton, Col

DISCIPLINARY ACTION CHECKLIST - IAFC

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