Fire Law with Curt Vallone

Managing Disciplinary Challenges in the Fire Service - Pearland, TX     Event Starts: Wednesday January 20, 2016 @ 8:00am Event Ends: Thursday January 21, 2016 @ 5:00pm Timezone US/Pacific Add to your calendar: Outlook |  Google |  Yahoo |  iCal  Location: Pearland Fire Department 2703 Veterans Drive Pearland, TX 77584 US Pearland Fire Department Administration Maps and Directions: Google | Mapquest | Yahoo Presented by: Curt Varone - Fire Law Curt Varone has over 40 years of experience in the fire service. He served twenty-nine years with the Providence, Rhode Island, Fire Department, retiring as a Deputy Assistant Chief (shift-commander). He has been a practicing attorney for thirty years licensed in both Rhode Island and Maine. He previously served as the Director of the Public Fire Protection Division at the National Fire Protection Association. Curt has written two books, Legal Considerations for Fire and Emergency Services, and Fire Officer's Legal Handbook. He is a contributing editor for Firehouse Magazine writing the Fire Law column and remains active as a deputy chief with the Exeter (RI) Fire Department. See All Events Visit Website Send a Message Managing Disciplinary Challenges in the Fire Service  This 2-day program is intended for chiefs and fire officers who may have to investigate misconduct by firefighters, as well as union representatives who may need to advise members during an internal investigation. The program looks at the causes for disciplinary problems and explains proven methods for conducting a fair and impartial investigation. Attendees will learn how to organize and conduct an investigation, interview witnesses and preserve evidence, and find the truth while respecting the honorable service that firefighters provide. The course will also look at strategic steps that fire service leaders need to consider when addressing disciplinary issues. Due process, Weingarten, Garrity and firefighter bill of rights laws are thoroughly covered. The program uses numerous case studies pulled from today’s headlines. Instructor: Curt Varone, JD, EFO Course Location: Pearland Fire Department  2703 Veterans Drive Pearland, TX 77584 INSTRUCTOR Curt Varone has over 40 years of experience in the fire service. He served twenty-nine years with the Providence, Rhode Island, Fire Department, retiring as a Deputy Assistant Chief (shift-commander). He has been a practicing attorney for thirty years licensed in both Rhode Island and Maine. He previously served as the Director of the Public Fire Protection Division at the National Fire Protection Association. Curt has written two books, Legal Considerations for Fire and Emergency Services, and Fire Officer's Legal Handbook. He is a contributing editor for Firehouse Magazine writing the Fire Law column and remains active as a deputy chief with the Exeter (RI) Fire Department. Price: $295.00 Earlybird Special: $250.00 for Online Registrations submitted prior to December 15, 2015      SAVE $50.00!!!! Course objectives:  Attendees will be able to: Identify the role that fire service culture plays in misconduct Identify the ten disciplinary problem areas Define professional standards and explain the difference between the professional standards philosophy and traditional internal affairs Define due process and explain the difference between procedural and substantive due process Identify the 7 essential components of procedural due process Distinguish between pre- and post-deprivation processes, and explain the role of a Loudermill hearing in complying with due process Identify the six steps to an ideal professional standards system Identify the five steps in the investigation process Explain how to organize an investigation and identify the options for referring an investigation internally and externally Conduct an interview of witnesses, including the complainant, civilian witnesses, non-accused employees and accused employees Explain how to document and seize evidence, when to seek expert assistance, how to avoid spoliation claims, how to comply with chain of custody requirements, and best practices for investigative photography Explain basic search and seizure principles that apply to administrative investigations Explain when employee drug testing is allowed and identify best practices for avoiding challenges to drug tests Explain how to conduct a photo or live lineup and the legal challenges that often arise from lineups Explain the Weingarten rule, identify when it applies, and explain the best practices for investigators to respect it Explain Garrity immunity, identify when it applies, and explain the best practices that investigators need to follow Define the “Code of Silence” and explain how best to handle it when it arises Define and distinguish complaints, charges, adjudications, and appeals Explain the common burdens of proof, and the requirements for just cause Explain how to appeal-proof a written ruling on discipline Explain the role of a disciplinary matrix and an administrative insight Identify when last chance agreements are appropriate Explain the best practices for an early intervention program Attendees will receive a comprehensive manual and course certificate from Fire Service Legal Training Institute, Inc. Managing Disciplinary Challenges in the Fire Service Outline    1.  Introduction  8:30-12:00 noon Introduction Fire and emergency service culture Professional standards philosophy Exercise: Shifting the Bell-Curve 2.  Due Process  1:00 to 2:30pm Introduction to due process Due process: procedural and substantive 3 big questions: whether, how much, when Substantive due process Vague or ambiguous rules 3.   Process of handling a complaint  2:45 to 3:45pm 6 steps to implement the ideal professional standards system 5 steps in the investigation process Complaints and sources of complaints Acceptance of complaints Preliminary Investigation Special reports 4.   Investigation Process 4:00 to 5:00pm Investigative responsibility Internal  & external referrals Initiation of the investigation Responsibility and tracking Notice to complainant and accused Investigation due dates and extensions Organizing the investigation Case folder    Day 2 5.   Evidence Use and Control  8:00am to 9:30 am Introduction Still Photographic Evidence Use of Video Medical evidence Scene Diagram Communications records Searches and the 4th Amendment Use of polygraph or voice stress detection Chemical testing, photo & physical lineups 6.   Interviewing the Complainant & Witnesses    9:45 to 10:45am Identifying potential witness Planning the interview process Research each witness to be interviewed Order of the interviews Scheduling interviews Representation during interviews General interview techniques Complainant interviews Interviews with non-accused employees Handling interview problems 7.   Interviewing the Accused  11:00 to 12:00 pm Introduction to Garrity Interviewing The Accused Employee Notice to the Accused Admonishments Strategic considerations Sealing the Record 8.   Drafting the final report   1:00 pm to 2:00 pm Organizing the report Objectivity and exculpatory evidence Additional Thoughts on the Report 9.   Adjudication                                2:00 pm to 4:00pm Introduction to adjudication Role of Investigators in the Adjudication Process Burden of Proof Just Cause Disciplinary systems Written decisions Corrective Actions Determining the Appropriate Corrective Action Sample Administrative Insight Appeals Last Chance Agreements Resignations and Retirements 10.   Early Identification Programs: 4:00 to 5:00pm Introduction Criteria for Early Identification Program Responsibility Reporting Formats Supervisory Responsibility Use of the Early Identification Information Intoxicated employees IAFC Zero Tolerance Policy Summary HOTELS Holiday Inn Express 1702 North Main Street  Pearland Texas 77581 Phone:    281-997-2600      Hampton Inn 6515 Broadway  Pearland  Texas  77584 Phone: 832-736-9977               AIRPORT INFORMATION The closest airports to the training site are Houston Hobby - (8 miles) or Houston International Airport - George Bush (40 miles). For additional information please contact: Curt Varone:  curtvarone@gmail.com Cancellation and Refund Policy We all know that sometimes plans must change. If you find you can no longer attend a program, please contact me at curtvarone@gmail.com. Among the options are: transferring your registration to a colleague setting up a credit for a future program providing a full or partial refund If you are seeking a refund, provided you notify me at least 30 days prior to a scheduled event, a full refund will be provided. If notice is provided less than 30 days prior to the event, you will receive a refund of 50%, unless notice is provided less than 10 days prior to an event, in which case a refund will not be provided. However, in the event that a class is sold out and your seat has been re-filled, a full refund will be provided. Remember - if you cannot attend you can always transfer your registration to a colleague or set up a credit for a future class. Just notify me before hand. No show = no refund or credit. Please note that any training program may be cancelled due to insufficient enrollment at least 20 calendar days in advance of the scheduled course date.  In the event of a cancellation, notice will be provided with the option to reschedule for a future course date or to receive a full refund of registration fees. I am not responsible for any expenses incurred by the registrant if a training course is cancelled. If you are considering booking non-refundable flights feel free to email me at curtvarone@gmail.com to confirm that enrollment is sufficient. If a training class is cancelled due to any unforeseen circumstances such as weather or natural disaster, the customer is entitled to attend the rescheduled training, reschedule for another future training course, or recieve a refund.

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