O! ctrumwa suman Resouces Memo Date: 08/02/2023, From: Barb Codjoe, Director of HR RE: Resignation of Firefighter Dillon McPherson. Effective July 31, 2023, the City of Ottumwa received a resignation notice from Firefighter Dillon McPherson. The City of Ottumwa considers this a resignation in lieu of termination. The reasons and rationale for this decision as per lowa Code 22.7 paragraph 11(a)S are listed below. An internal investigation was conducted and it was founded and confirmed that McPherson was engaged in sexual activity while on duty in City facilities / equipment. This confirms a failure to abide by stated workplace professionalism expectations as follows: In the “Introduction” to the Department Rules, the Department stated, As a fire fighter itis essential you realize the responsibilities of your position and the confidence that is entrusted in you by the citizens of Ottumwa. Your personal conduct, both on and off duty, will reflect upon the entire Fire Department. In the eyes of the public, the fire fighter is never off duty and his/her every act may be subject to scrutiny, interpretation and comment. Therefore, the rules & Regulations must be based upon departmental welfare, and individual desires must often, of necessity, be subdued for the best interest of the organization as @ whole. The first rule of this policy, rule A-1, effective March 1, 2003 (revised January 31, 2013) stated: Specific rules of conduct cannot be established that will govern every member's action or behavior. Members shall not engage in any conduct or activities on or off-duty that reflect discredit on the members, tend to bring the Ottumwa Fire Department and/or City of Ottumwa into disrepute, or impair its efficient and effective operation. Any act or omission contrary to good order, discipline, or accepted social practice may subject a member to disciplinary action. And, rule A-7, stated: ‘No member shall engage in discussions to the detriment of discipline and shall not speak lightly of the age, sex, color, race, religion or nationality of any person or group of persons. Further, rule A-8 stated ‘Any member who has information concerning illegal actions, dereliction of duty, malfeasance, misfeasance, or unprofessional conduct by another employee shall report such to an immediate supervisor without delay. Further, rule A-11 stated: Permitting unauthorized persons to ride in fire vehicles, except on departmental business, is prohibited. Further, rule A-12 stated: Fighting, excessive noise, and horseplay or conduct that is disruptive to other employees, is prohibited. Further, in “Communications with the Public”, the rules stated:O! ctrumwa Haman Resouces Memo Members shall not divulge to any member of the public, to include friends and family members, any information in regards to patient inesses or injuries, patient condition, medical history - past or present, or any other circumstances surrounding emergency responses to medical emergencies. # Inthe more recent version of the Standard Operating Guidelines ("SOG"), it states All members of the Ottumwa Fire Department shall be held accountable for their actions and be subject to disciplinary action ranging from counseling to dismissal, according to the nature and degree of the offense for any violation of these rules and regulations. «It contains the same language regarding a firefighter’s position and confidence: As a fire fighter it is essential you realize the responsibilities of your position and the confidence that is entrusted in you by the citizens of Ottumwa. Your personal conduct, both on and off duty, will reflect upon the entire Fire Department. In the eyes of the public, the fire fighter is never off duty and his/her every act may be subject to scrutiny, interpretation and comment. Therefore, the rules & Regulations must be based upon departmental welfare, ond individual desires must often, of necessity, be subdued for the best interest of the organization as a whole. ‘© Article 1 is the same as above: Specific rules of conduct cannot be established that will govern every member's action or behavior. Members shall not engage in any conduct or activities on or off-duty that reflect discredit on the members, tend to bring the Ottumwa Fire Department and/or City of Ottumwa into disrepute, or impair its efficient and effective operation. Any act or omission contrary to good order, discipline, or accepted social practice may subject a member to disciplinary action. Article 3 states: Every member is expected to conduct themselves in o highly self-disciplined manner, and is responsible for regulating his/her conduct in a positive, cooperative, and mature way. © Article 5 states: All members, while on duty, shall devote their entire time and attention to the services of the Fire Department. + Article 8 state: ‘Members shall not engage in activities that are detrimental to themselves, the Department, or the City. Members shall not engage in any sexual activity while on duty. + Article 17 states: ‘All members will treat as confidential the official business of the Department... Members will moke every effort to protect patient privacy in accordance with state and federal laws. + Article 24 states: Any member who has information concerning .. dereliction of duty, or... . unprofessional ‘conduct by another employee shail report such to an immediate supervisor without delay. * Article 29 states:O! otrumwa Human Resources Memo ‘No member shall display discriminatory or abusive behavior pertaining to politics, sex, religion, ‘age, sexual preference, diversity, ethnicity, or labor/union membership while on duty or on Fire Department premises. © And, article 35 states: Members shall not engage in any sexual activity while on duty. ‘© Inaddition to the SOGs and the prior issued Rules, there is the Union Contract. In the July 1, 2020 through June 30, 2024 Contract, it states Art. X, sec. 3, “No City employee shall knowingly and willfully use public facilities for his/her own personal use.” City Personnel Policies identify the following in Article 25 — Disciplinary Practices / Procedure: The following items will be considered to be infractions subject to disciplinary action up to and including discharge from employment. This list is not all inclusive of all acts that may be subject to disciplinary action and are illustrative only, but not limited to, the types of behavior for which disciplinary action may be taken. Professional Conduct - Employees shall conduct themselves toward the public in a civil and professional manner that indicates a service orientation and that will foster public respect and cooperation. © Committing Unsafe Acts ~ Employees shall not commit acts or behave in such a manner that has the potential for endangering or injuring themselves, another person, or property. Disregard for safety policies and procedures, including proper use of safety gear, clothing or equipment. © Horseplay, boisterous or disruptive activity in the workplace or practical jokes that are carried too far. ‘© Any other act, which is notin the best interest of the CityY OTT UMWA 07/31/2023 Dear Derek Fye, Effective July 31, 2023, your employment with the City of Ottumwa is terminated effective immediately due to failure to abide by stated workplace professionalism expectations. During the course of a recent investigation, it was founded and confirmed that you were engaged in ‘sexual activity while on duty in City facilities / equipment. ‘These expectations are stated as follows: * Inthe “introduction” to the Department Rules, the Department stated, AAs 8 fire fighter itis essential you realize the responsibilities of your position and the confidence that is entrusted in you by the citizens of Otturmva, Your personal conduct, both on and off duty, wil reflect upon the entire Fire Department. in the eyes of the public, the fre fighter is never off duty and his/her every act may be subject to scrutiny, interpretation and comment. Therefore, the rules & Regulations must be based upon departmental welfare, and individual desires must often, of necessity, be subdued for the best interest of the organization as a whole. + The first rule of this policy, rule A-1, effective March 1, 2003 (revised January 31, 2013) stated: Specific rules of conduct cannot be established that wil govern every member's action or behavior, Members shall not engage in any conduct or activities on or off-duty that reflect discredit on the members, tend to bring the Ottumwa Fire Department and/or City of Ottumwa into disrepute, or impair its efficient and effective operation. Any act or omission contrary to good order, discipline, or accepted social practice may subject a member to disciplinary action. + And, rule A-7, stated: ‘No member shall engage in discussions to the detriment of discipline and shail not speak lightly of the age, sex, color, race, religion or nationality of any person or group of persons. ‘+ Further, rule A-8 stated: Any member who has information concerning illegal actions, dereliction of duty, ‘malfeasance, misfeasance, or unprofessional conduct by another employee shall report such to an immediate supervisor without delay. Further, rule A-11 stated: Permitting unauthorized persons to ride in fire vehicles, except on departmental business, is prohibited. + Further, rule A-12 stated: Fighting, excessive noise, and horseplay or conduct that is disruptive to other ‘employees, is prohibited. * Further, in “Communications with the Public’, the rules stated: ‘Members shall not divulge to any member of the public, to include friends and family ‘members, any information in regards to patient illnesses or injuries, patient condition,oO! OTTUMWA ‘medical history - past or present, or any other circumstances surrounding emergency responses to medical emergencies. In the more recent version of the Standard Operating Guidelines ("SOG"), it states: All members of the Ottumwa Fire Department shall be held accountable for their actions and be subject to disciplinary action ranging from counseling to dismissal, according to the nature and degree of the offense for any violation of these rules and regulations. It contains the same language regarding a firefighter's position and confidence: As a fire fighter itis essential you realize the responsibilities of your position and the confidence that is entrusted in you by the citizens of Ottumwa. Your personal conduct, both on and off duty, will reflect upon the entire Fire Department. In the eyes of the public, the fre fighter is never off duty and his/her every act may be subject to scrutiny, interpretation and comment. Therefore, the rules & Regulations must be based upon departmental welfare, and individual desires must often, of necessity, be subdued for the best interest of the organization as a whole. Article 1 is the same as above: Specific rules of conduct cannot be established that will govern every member's action or behavior. Members shall not engage in any conduct or activities on or off-duty that reflect discredit on the members, tend to bring the Ottumwa Fire Department and/or City of Ottumwa into disrepute, or impair its efficient and effective operation. Any act or ‘omission contrary to good order, discipline, or accepted social practice may subject a member to disciplinary action. Article 3 states: Every member is expected to conduct themselves in a highly self-disciplined manner, and is responsible for regulating his/her conduct in a positive, cooperative, and mature way. Article 5 states: All members, while on duty, shall devote their entire time and attention to the services of the Fire Department. Article 8 states: ‘Members shall not engage in activities that are detrimental to themselves, the Department, or the City. Members shall not engage in any sexual activity while on duty. Article 17 states: ‘All members will treat as confidential the official business of the Department. Members will make every effort to protect patient privacy in accordance with state and federal laws. Article 24 states: ‘Any member who has information concerning . . dereliction of duty, or unprofessional conduct by another employee shall report such to an immediate supervisor without delay.Y otTrumwa + Article 29 states: ‘No member shall display discriminatory or abusive behavior pertaining to politics, sex, religion, age, sexual preference, diversity, ethnicity, or labor/union membership while on duty or on Fire Department premises. + And, article 36 states: ‘Members shall not engage in any sexual activity while on duty. * In addition to the SOGs and the prior issued Rules, there is the Union Contract. In the July 1, 2020 through June 30, 2024 Contract, it states: Art. X, sec. 3, "No Cily employee shall knowingly and willfully use public facilities for higher own personal use." * City Personnel Policies identify the following in Article 25 ~ Disciplinary Practices / Procedure: The following items will be considered to be infractions subject to disciplinary action up to and including discharge from employment. This list is not all inclusive of all acts that ‘may be subject to disciplinary action and are illustrative only, but not limited to, the types ‘of behavior for which disciplinary action may be taken. ‘+ Professional Conduct - Employees shall conduct themselves toward the public in a civil and professional manner that indicates a service orientation and that will foster Public respect and cooperation. * Committing Unsafe Acts ~ Employees shall not commit acts or behave in such a ‘manner that has the potential for endangering or injuring themselves, another person, or property. Disregard for safely policies and procedures, including proper use of safety gear, clothing or equipment. + Horseplay, boisterous or disruptive activity in the workplace or practical jokes that are carried too far. © Any other act, which is not in the best interest of the City. Your final paycheck will be provided to you on 08-18-2023 and will include payment for unused, accrued vacation, incentive and comp hours. Your health insurance benefits will continue through 07-31-2023. Your rights to continue coverage under COBRA will be provided to you by mail from our pian administrator. You can contact Municipal Fire & Police Retirement System of lowa at 888-254-9200 regarding your retirement plan distribution options. The following City of Ottumwa property must be returned to human resources immediately: Radios, keys, key cards and/or any other items that have been removed from the station©! OTTUMWA Per lowa Code, 400 Civil Service Section 18 Removal, discharge, demotion or suspension, you may request a hearing before the civil service commission to review the employers decision to remove you from employment. You also have the right to be represented by counsel at your ‘own personal expense or by your collective bargaining representative. ‘Should you have further questions, please contact me directly at 641-683-0607 or rathp@ottumwa.us, yy fd Philip Rath City Administrator| city oF y OTTUMWA 07/31/2023 Dear William Keith, Effective July 31, 2023, your employment with the City of Ottumwa is terminated effective immediately due to failure to abide by stated workplace rules of conduct. During the course of an internal investigation, it was founded that under your orders as Captain, you failed to adequately lead those under your command and further displaying an attitude of indifference toward holding employees accountable to the values and standards of the department and the City of Ottumwa, These expectations are stated as follows: In the “Introduction* to the Department Rules, the Department stated, As a fire fighter itis essential you realize the responsibilities of your position and the confidence that is entrusted in you by the citizens of Ottumwa. Your personal conduct, both on and off duty, will reflect upon the entire Fire Department. In the eyes of the public, the fire fighter is never off duty and his/her every act may be subject to scrutiny, interpretation and comment. Therefore, the rules & Regulations must be based upon departmental welfare, and individual desires must often, of necessity, be subdued for the best interest of the organization as a whole. Further, rule A-8 stated: Any member who has information conceming illegal actions, dereliction of duty, ‘malfeasance, misteasance, or unprofessional conduct by another employee shall report such to an immediate supervisor without delay. Further, rule A-11 stated: Permitting unauthorized persons to ride in fire vehicles, except on departmental business, Is prohibited. Further, rule A-12 stated: Fighting, excessive noise, and horseplay or conduct that is disruptive to other ‘employees, is prohibited. In the more recent version of the Standard Operating Guidelines (‘SOG’), it states: All members of the Ottumwa Fire Department shall be held accountable for their actions ‘and be subject to disciplinary action ranging from counseling to dismissal, according to the nature and degree of the offense for any violation of these rules and regulations. Article 17 states: All members will treat as confidential the official business of the Department. Members will make every effort to protect patient privacy in accordance with state and federal laws. Article 24 states: ‘Any member who hes information concerning ...dereliction of duty, or unprofessional conduct by another employee shall report such to an immediate supervisor without delay.Y OTTUMWA ‘Your final paycheck will be provided to you on 08-18-2023 and will include payment for unused, accrued vacation, incentive and comp hours. Your health insurance benefits will continue through 07-31-2023. Your rights to continue coverage under COBRA will be provided to you by mail from our plan administrator. You can contact Municipal Fire & Police Retirement System of lowa at 888-254-9200 regarding your retirement plan distribution options, The following City of Ottumwa property must be returned to human resources immediately Radios, keys, key cards and/or any other items that have been removed from the station Per lowa Code, 400 Civil Service Section 18 Removal, discharge, demotion or suspension, you ‘may request a hearing before the civil service commission to review the employers decision to remove you from employment. You also have the right to be represented by counsel at your ‘own personal expense or by your collective bargaining representative. Should you have further questions, piease contact me directly at 641-683-0607 or rathp@ottumwa.us. Sincerely. (Aye Philip Rath City Administrator