Our Policy
It is the policy of the City of Bath Fire & Rescue Department to thoroughly investigate all complaints against its employees. To ensure the integrity of the Fire Department, procedures have been established which will ensure the prompt and thorough investigation of all alleged or suspected personnel misconduct. Such procedures are intended to clear the innocent, establish the guilt of wrongdoers, facilitate prompt and just disciplinary action, and uncover improper procedures.
Who can make a complaint?
Any person who has experienced, witnessed, or has knowledge of fire or EMS employee misconduct, can make a complaint. Complaints can be made by community members, co-workers, and other city employees.
The Fire Department will investigate complaints made for alleged violations of department policies, local, state, and federal laws, and for other conduct that is deemed inappropriate.
The Fire Department recognizes the need for the filing of legitimate complaints against employees as a means by which they can be held accountable to the public; however, the Department will also seek to hold members of the public responsible for the filing of false allegations. It is against the law to make a complaint that you know to be false.
Any person filing a complaint affirms that the information provided is true and complete to the best of their knowledge and belief. The complainant understands that any false, misleading, or untrue statement, accusations, or allegations made, either orally or in writing, to any person investigating the incident may be subject to civil and/or criminal prosecution. The complainant realizes that it may become necessary in the investigation of this incident to meet with a member of the Bath Fire & Rescue Department to discuss the issue and agrees to make themselves available for any administrative hearing or court proceedings that may result from the investigation of this incident and make themselves available to present testimony as such hearing if requested to do so.
How do you file a complaint?
A complaint must be made in writing utilizing the Department’s Citizen Complaint form. The online form can be found here, or a printed version can be picked up at the fire station or mailed on request.
Complaints are received by the Chief by either online submission or delivery to the station. In the event that the Duty Officer receives the complaint, he/she will provide the Fire Chief with all additional information that is communicated by the complainant. Including, but not limited to, verbal, text, and email communication.
It is important that the complainant provide as much information as possible about the event in question to aid in a thorough, accurate, and timely investigation. At a minimum, the complainant will need to provide the approximate date and time of the incident, the location of the incident, and the name of the firefighter(s) involved (if known). The name or names of other involved persons or potential witnesses, and any other information that might be helpful to the investigation. The complainant needs to provide a summary of the events in question and needs to specify the reason for the complaint. Follow-up contact may be made with the complainant to clarify points during the investigation.
Who investigates the complaint?
The Fire Chief will conduct an inquiry into the alleged misconduct. In more serious allegations, an independent party outside of the Fire Department will conduct the investigation. A criminal investigation may commence at any point in the administrative investigation process.
What is the complaint process?
Supervisory Review
- Any Duty Officer can accept the complaint, which will then be forwarded to the Fire Chief.
- The Fire Chief will interview the complainant, and any witness(s) if necessary, and document, in writing, the nature of the complaint and attempt to resolve the concern.
- The Fire Chief will then meet with the employee and document, in writing, the employee's response to the complaint.
- The Fire Chief will then document his/her findings and classify the complaint.
- After final review, the complaint will be kept on file for seven years.
Formal Investigation
When there are complaints of a serious breach of conduct or behavior that may result in criminal charges being filed, these complaints will be investigated by law enforcement or other personnel outside the fire department. The Fire Chief will have the discretion to implement a formal investigation, and an informal investigation can become formal at any time during the investigation process.
What are the possible complaint findings?
- Sustained- Allegations by the complainant are supported by sufficient evidence to justify a conclusion that the action(s) occurred and were violations of the City of Bath Personnel Ordinance or Bath Fire Department policy or standard operating guidelines.
- Not Sustained- There is insufficient evidence available to prove or dispute allegations made by the complainant. The allegation(s) appeared to have merit, however, there was insufficient evidence to prove or disprove it.
- Exonerated- Alleged action(s) occurred but were justified, lawful, and proper. Employees acted in compliance with rules, regulations, and/or policy and standard operating guidelines.
- Unfounded- Allegation(s) are false, did not occur, or not supported by the facts. The allegation(s) were without merit and did not occur.
If the investigation into the alleged misconduct is Sustained, the employee may be disciplined pursuant to the City of Bath Personnel Ordinance and the Bath Fire Department Rules and Regulations.
If the finding is Not Sustained, Exonerated or Unfounded, and if the Fire Chief agrees with the finding, the investigation will be reviewed with the named employee, and it will be retained in departmental files as prescribed by law.
What will I be told?
The Fire Department must comply with state and federal personnel laws pertaining to employee privacy rights, therefore only the final complaint finding will be disclosed to the complainant.
Our Commitment to You
Complaints about alleged employee misconduct are opportunities for our department to identify actions by our employees that are inappropriate or to educate others about why the conduct was appropriate and within our scope of practice. In either case, the community and the City of Bath Fire Department benefit from gaining your input. We are committed to providing quality fire and EMS service to the public. Working with you, we will perform this service professionally and with integrity.
To access the complaint form please use the link below: