Compliance Issues Britt Brinson - Compliance Division
Transcription
Compliance Issues Britt Brinson - Compliance Division
GFSTC Express GEORGIA FIREFIGHTER STANDARDS AND TRAINING SPECIAL POINTS OF INTEREST: • V O L U M E Receive your email and text message! 1 In the eight months since July 1, 2009, the two members of the Compliance Division have visited 326 fire departments, including 894 fire stations. During our travels, we obviously meet with a lot of people and likewise get a lot of questions. In this edition of the GFSTC Express we’ll try to answer some of these questions that might have crossed your mind as well. GFSTC rules being revised and updated • I S S U E Compliance Issues test results by • 2 , Don’t forget to subscribe to our newsletter by emailing us at gfstc@gpstc.st ate.ga.us! What forms should you submit when things change at your department? Anytime there are changes in your department, you should let us know. Several forms have been developed to make this easier. The forms listed below can be found under FORMS, then Fire Department Related Forms. Some of the forms most commonly used are: INSIDE THIS ISSUE: Britt Brinson 1 Lyn Pardue 2 Jan Mathis 3 Matt Perry 4 Chad Cobb 5 Mission Statement 9 • Fire Department Information Update: Use this form any time there is a change in the Fire Chief or his/her designee(s) or the fire department’s mailing address. • Website Registration: Use this form to submit your department username and password. This will allow you to access parts of our website specific to your department, that are not open to the general public. • Station Addition or Relocation: Use this form any time you add or move a station. The address indicated on this form would be the physical address of the particular station. Change of Status: Use this form to add or delete personnel from your roster. Additions or deletions to your roster can be done online at www.gfstconline.org. This process is F E B R U A R Y 2 0 1 0 Britt Brinson - Compliance Division explained under the next question. If you cannot make your changes online, you must use the paper version. Why it is important to update your department’s roster with GFSTC, at least annually? The smart answer would be….because it is. The reality of the situation is a little more mystifying. During the last couple of years, a several firefighters have died in the line of duty here in Georgia. In at least a couple of instances, the families of the deceased firefighters had to wait, in the opinions of many firefighters around the state, an inordinate amount of time to receive compensation for the loss of their loved ones. Many of you have stated that this shouldn’t have happened. One of the reasons, it seems, was that these firefighters were not listed on the roster of fire personnel maintained by this agency. It would be a sad thing for a deceased firefighter’s family to have to do without basic necessities just because someone forgot to put their name on a list, especially when it is so easy to do. Our agency is tracking almost 30,000 individuals in our system. Nearly 4000 are floating around in limbo, not attached to any fire department. These individuals are people who have taken one of our tests, but have never been claimed by their fire department. The process to claim them is as simple as this: (Continued on page 7) PAGE 2 VOLUME State Of The Fire Service Executive Director: Lyn Pardue “It’s true we are facing difficult economic times. I know our fire service will continue to “get the job done” as we always have.”. As of the time of this writing, our great state is blessed with 652 certified fire departments staffed with over 29,900 dedicated individuals who are career, part-time, volunteer and support. Of these fire departments, 147 are comprised of all career personnel, 451 totally volunteer, 47 combination, and 7 “other” (usually Airport). Georgia Firefighter Standards and Training Council is the only state agency charged with assuring all firefighters and each fire department in this state meets minimum requirements established by statutes, rules, and policies. It comes as no surprise that we all are currently facing economic challenges. In cooperation with the Governor and our legislators, GFSTC and other state agencies have faced significant reductions in funding. Even with a 26% budget reduction since FY-2008, GFSTC continues to strive in delivering services and customer service you have come to expect. The Compliance Division visited 358 fire departments including 983 individual fire stations in 2009. Site visits GFSTC EXPRESS include verification of the agency’s personnel, equipment, and records as maintaining the minimum established requirements. Site visits provide our customers (you) with personalized, onsite assistance in meeting and maintaining an established level of professionalism our citizens deserve and expect. Surveys conducted by GFSTC reflect an overwhelming positive response to this provided service. The Evaluation Division administered 10,100 written evaluations and over 8,000 on-site skills/performance examinations in calendar year 2009. Competencies are measured against accepted national standards. Budget reductions have eliminated state funding for certified evaluators. For continued functionality, local agencies have assumed the task of providing evaluators. Many agencies utilize this program to meet hiring requirements and career advancement. Administrative and support staff are typically the first point of contact with our customers and the general public. Office staff field telephone, electronic, and in-person inquiries, and ad- 2, ISSUE 1 Lyn Pardue - Executive Director minister in-office examinations, while providing highly praised customer service. Continued and initial certification documentation is processed with certificates awarded and issued. Significant improvements have been made with information technology in allowing agencies to view and submit required documentation online through a secured and dedicated website. Concerns brought to the agency’s attention are thoroughly reviewed and analyzed with resolutions or recommendations submitted to myself and/or Council. It’s true we are facing difficult economic times. I know our fire service will continue to “get the job done” as we always have. I am constantly reminded and humbled of just how many of you offer and step up to assist our brothers and sisters, when the need arises. We could not provide service at the current level without your continued support and assistance. The fire service is the greatest profession, whether you are paid, part-time, volunteer, or support. Until the next time, keep looking up, stay focused, and by all means, be safe. VOLUME 2, ISSUE 1 PAGE 3 From The Outside Looking In… Administrative Division - Jan Mathis For a small state agency of only 10 people, we at Georgia Firefighter Standards and Training Council do s o much f o r t h e fir e service in this state. To give you a glance of what goes on in our 1400 sq. ft. office. I encourage you to take a look in. times more when the need arises. Testing outside our office around the state is conAdministration Division: ducted 7 Celene Kennedy , days a week Jan Mathis, and Selina by 2 staff Cook m e m b e r s from our Evaluation Division with help from 4 other staff members and various proctors. When testing in the field is completed, the tests have to be graded in the office. The phones are ringing with candidates calling for their scores or their GFSTC ID#. Scores are not given out over the phone. They are emailed to the candidates and made Our main phone line rings 70-80 available online to departments and times a day. This does not inindividuals. Training Officers, clude other individual phone please help us out by providing your lines that are constantly ringing. people with their GFSTC ID as well We have one administrative staff as the results of their tests. member assigned to answer the main line. The other two adminWe have 1 istrative staff answers the phone staff memas needed. When more help is ber who is needed, any of the 7 other staff in front of members are there to assist. the computer all We try to provide the best cusday taking tomer service you will find anycare of our where. Not only are we answerco mp uter ing phones, we are giving tests needs and Tuesdays, Wednesdays, and other duThursdays in our small office to ties as 15-20 testers. While testing is assigned. taking place, phones are conHe has done some amazing things stantly ringing, fire service perwith our computer system in order to sonnel are coming in, and staff is make our jobs, as well as, the jobs of conducting business. members of the fire service much easier and quicker. We have 2 staff members that make up our Compliance DiviOur Professional Standards Officer sion, their duties are fire departduties include investigating comment site visits around the state plaints against fire departments and at least 4 days a week, somefirefighters, while working with fire GFSTC EXPRESS truck crash investigations, rules committees, grading tests, open records requests and helping out when needed in other areas. Our staff member, who has not been mentioned so far, is usually in his office taking care of business on the state level. He is there to answer whatever questions we, as staff or you, as the fire service may have. He deals with the legalities of this agency. He helps any of the other 9 staff members when help is needed. He answers his own phone any time it rings when he is available. Our Executive Director has an open door policy and never thinks any question or issue is too small. All of the above is performed on any given day in our office, along with people from the fire service coming in for meetings, dropping paperwork off, or various other businesses. With all this said, we are all still taking care of our regular day to day work, accomplishing all that 10 people can while phones are constantly ringing. Now from the inside looking out…. While you are out there serving and protecting, we at Georgia Firefighter Standards and Training Council consider it an honor to be here serving you. PAGE 4 VOLUME 2, ISSUE 1 They Can Certify, But Should We Hire ? Matt Perry - PSO “I believe in giving someone a second chance, but when you see 3, 4, or 5 arrests in a ten year period, is that really a ‘second chance’?” I came to GFSTC last year bringing with me 10 years of law enforcement experience and nearly 15 years in the fire service. The Professional Standards position is a unique way to combine my law enforcement background with my love of firefighting. Aside from giving tests, participating in Rules and investigating causes of fire truck crashes, I assist agencies when questions arise about an applicant’s criminal history and whether or not they can be certified. It my short tenure with GFSTC I have discovered that fire departments across the state, both career and volunteer, won’t dig deep enough into the backgrounds of the applicants they hire. Unfortunately, this regularly leads to controversy or inner departmental strife. Georgia Firefighter Standards and Training certifies between 1000 and 1500 new applicants a year. Of those, any certification package that has a questionable criminal history comes across my desk. Sadly, I see patterns of theft, assault, crimes against children and drug arrests in appli- GFSTC EXPRESS cations. I believe in giving someone a second chance but when you see 3, 4 or 5 arrests in a ten year period, is that really a “second chance”? I could spend hours going into the particulars surrounding a complete and legal pre-employment background check but for the sake of this article, I want to discuss state requirements and give tips on conducting a background investigation. Georgia law is quite specific about criminal histories and state certification. O.C.G.A 25-4-8 says, “Not have been convicted of a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to employment….” (There is a section of Georgia law concerning firefighters who have successfully completed the Georgia Department of Corrections training program and their eligibility as firefighters, but that’s a story for another edition.) Understand that this is for State Certification only. If you are working as a part time or volunteer firefighter, PSO: Matt Perry you are not required to submit a certification package. Applying for State Certification at this level is totally voluntary or a departmental policy. But does this mean that you shouldn’t investigate a background of an applicant just because you don’t have to? I would hope the answer is NO. I had a fire chief tell me when he wants to hire a firefighter he asks himself two questions: “Do I think he’ll fit in here?” and “Do I want him coming into my home to help my kids?” If the answer was “yes” to both questions, he would hire. One “No”, and the candidate was sent away. While simplistic, this philosophy does have merit. If you have been tasked to help the Chief answer those questions, completing a thorough pre-employment background check is the only way to go. (Continued on page 6) VOLUME 2, ISSUE 1 PAGE State Vs. Pro Board: Confused? I’m confused. What is the difference? Is it the same or is one better than the other? How are the written tests developed? How are the skills test developed? These are all questions that are asked daily. Actually, they are very good questions. It can be confusing, if you are not familiar how the process works. Usually, starting with the foundation or beginning of a problem is the best place to ensure an understanding is developed. What is the difference between State and Pro Board certification? State certification requires the individual to complete a certification packet and pass a written test for the identified level. State certification includes five different levels, which are Airport Firefighter, Firefighter, Educator, Inspector, and Investigator. Pro Board certification does not involve an individual submitting a certification packet. Pro Board certification for an identified level requires the individual to pass both a written and skills test. Currently, there are twenty-three different levels of Pro Board certifications available, such as Firefighter I and II, Hazardous materials Operations, Rescue Technician Confined Space, and Fire Instructor I. Both State and Pro Board use the same written test, if a state certification is available. GFSTC EXPRESS The test instrument, which includes written and skills test, is developed by committees for State or Pro Board. The process is referred to as a local validation. The goal is to have a cross section of the fire service in Georgia to form the committee, such as a representative from the Georgia Fire Academy, volunteer department, career department, combination department, and several associations. The questions for the written test come from a purchased test bank. Each question is validated by a local validation committee by identifying the question as a good question for the level being tested, supporting the question with the identified reference material, and supporting the question to the standard for the level validating. Developing skills for the test instrument is a little more challenging, because skills are developed from scratch. Since, several skill sheets are already developed for various levels; the committee reviews them and makes modification based on feedback to improve them. The committee has the opportunity to mold the entire test instrument to fit Georgia’s needs and improve the current test instrument, if it is not meeting expectations. A perfect test instrument is not possible, only an improved one. 5 Chad Cobb - Test Coordinator Evaluation Division: Chad Cobb and David Cummings The difference between State and Pro Board certifications can be confusing, if one does not understand how the test instrument is developed or what the requirements are for each certification. Remember, the written or skills test is developed by the Georgia fire service, which requires a lot of time and willingness to work together. The real difference between the two is with the requirements for receiving certification. State requires the individual to pass a written test and complete a certification packet. Pro Board requires the individual to pass a written and skills test. The goal of the test instrument for both certifications is to identify a level of competency for the level being tested, which is defined by the fire service in Georgia. If you have questions or concerns, please contact me at ccobb@gpstc.state.ga.us. Local validation dates are available on our test event calendar. PAGE 6 VOLUME 2, ISSUE They Can Certify, But Should We Hire? (continued) Matt Perry - PSO Conducting a proper preemployment background check isn’t as easy as just asking questions to applicants or having them fill out an application. Factors such as budgets, available time, number of candidates and local hiring policies can determine how detailed a background check can be. You must be able to balance the value of the candidate versus the agency’s ability to investigate. Your findings will make the difference between hiring a firefighter who will dutifully fulfill the position or become a hazard to himself or others. If you have never conducted a pre-employment background check, you may find the task daunting. There is a fine line between a thorough investigation and an invasion of privacy. To help, I’ve included a list of topics that you could take into consideration to help streamline an investigation and provide an adequate amount of background information to form a proper opinion. These are in no particular order. The application: Some agencies, especially the smaller volunteer departments use applications that don’t provide enough information to start an investigation. I would suggest that you create an application specific to your GFSTC EXPRESS agency and your needs as the investigator. There are generic, “store bought” applications that include the pertinent information, but they usually lack in specifics. Some cities or county governments have a standard application that all candidates submit, but there is nothing that says you can’t have a department specific form that they should also complete. Personal History Release: In order for you to legally research someone’s background, you must have their permission. Typically, these forms are written in such a way that the applicant gives their permission and releases you from any liability. Before conducting any preemployment background investigation, you must have a signed Release. Personal References: Regardless of your method, you should contact all listed personal references. Be sure to have an adequate number of non-family and non-work related references. Personally, I liked to go and meet with a listed reference face to face, especially if they were local. I felt that they were more willing to open up and talk to about their relationship with an applicant. Some agencies like to mail questionnaires to references. Not only does this require some effort on their behalf (which to me is telling of the applicant) but it also is a way to confirm that the infor- mation you’ve been given is true. It also is great documentation for a personnel file. Driver History: A driving history is far more than just speeding tickets. It can show a pattern of safe driving as well as a pattern of careless or reckless driving. Applicants should also include any and all accidents they have been involved in (as a driver). As an investigator, you don’t need to settle for just “at fault” crashes. Remember, you’re looking for a pattern of safe driving as well. I’ve even gone so far as to look at the condition of an applicant’s car to see if there is any unexplained damage. When checking references, this is a great time to ask them about how an applicant drives. You may be surprised at what you hear. Work history and references: Always contact the past employers of applicants. How far in their work past you go is totally up to you, but I would at least look at the last two employers. Be sure to talk to supervisors, managers and coworkers to see what kind of employee they were. Pay special attention to their coworker relationships, work ethic, attendance, disciplinary action (if any) and reasons for leaving. (Continued on page back page) 1 VOLUME 2, ISSUE 1 PAGE Compliance Issues (continued) • Login to our website with the department username and password. • When the menu comes up, click on Change of Status Menu. You’ll then have a choice of Input Change of Status or View Change of Status. • Click on Input Change of Status. Your department’s COS page will come up. On it you’ll see columns for GFSTC ID, Name, Status, Join or Departure, among others. Next to Name you’ll see a down arrow (v). • Click on the down arrow for a drop-down box containing your roster on file with GFSTC. • Review the roster for accuracy. • If it contains personnel who should be deleted, click on each name one at a time, then click Add to Form. Once you have finished adding personnel to the form that you wish to delete, you need to attach personnel who need to be added. • Scroll down until you see Add FF From Other Dept. Click on this button and a box will come up with First Name and Last Name. You will need their last name at a minimum. Having their actual first name will narrow your search a great deal. • Once you have added all of the personnel that you can find in our database, click on Submit. When the computer has fin- GFSTC Britt Brinson - Compliance Division ished sending your updated roster to our website, a facsimile of what you submitted will appear on your screen. We suggest that you make a copy and place it in your files. We recommend that you add personnel to your roster as soon as you accept them as members. You can also review COS forms you have submitted electronically by clicking on View Change of Status. Where can you get your 24 hours that are required for recertification? Almost since its inception, this agency has used two criteria to determine whether or not something is considered training: the activity must (1) be conducted in a classroom or drill field setting with an instructor and (2) meet a national or state standard. If the activity meets both criteria, it is training. If not, you might want to think about whether you can justify it as training. All training you wish to use for recertification credit must be accepted by this agency. There are several ways to go about this. Most courses offered through national or state training agencies are approved. Your documentary proof of completion of one of these courses may be in the form of a certificate or transcript issued by that particular agency. There are many outside organizations and individuals, as well as local fire departments, who are con- EXPRESS 7 Compliance Division Staff: Britt Brinson and Mike Hancock ducting quality training. These may complete our Course Credit Request form, attach a description of the training along with the course objectives and forward this information to our agency for approval. In a nutshell, we don’t care who conducts your training, as long as it meets our two criteria for training. So, feel free to use the Georgia Fire Academy, hire someone to conduct training at your department, or conduct the training yourself. Whomever you use, have them properly document each training exercise. At a minimum, this documentation should include a good description and objectives of the training and the signatures of students and instructors. What is the minimum equipment required for your department to be in compliance and where can you find a list? You can find a list of requirements for a department to be in compliance with Georgia law on our website (www.gfstconline.org). Click on FORMS, then Fire Department Compliance Package. (Continued on next page) “Whomever you use, have them properly document each training exercise.” VOLUME 2, ISSUE 1 PAGE Compliance Issues (continued) The compliance package lists the requirements for becoming and remaining a legally organized fire department. This includes the minimum personnel, equipment and insurance requirements. It also explains the compliance process. What are the requirements of ISO vs GFSTC? There are similarities in the requirements of each, but there are also differences. We both require that fire departments address personnel, equipment, and training. GFSTC requires that a department have a minimum of four trained personnel on their roster. In the case of departments with multiple stations, this is interpreted to mean four per station. Each member of a department must have minimum training, based on their duties. Volunteer personnel performing support duties (drinks, truck driving, other cold zone activities, etc.) must be trained to the level of Support Firefighter or higher. Personnel performing suppression duties must be trained to the level of FDC 101/ Module 1 (if they joined before 7/1/04), Module 1 (if they joined 7/1/04-6/30/05) or Module 1 with live fire (if they joined on or after 7/1/05). Live fire training is considered to be a Structural Fire Control course conducted by the Georgia Fire Academy or one conducted locally with at least one instructor present who has successfully completed a Structural Fire Con- GFSTC trol Instructor course conducted by the Georgia Fire Academy. ISO staffing is four personnel per engine and six personnel per aerial for full staffing. You may get partial credit for staffing. Volunteers and off-duty personnel only count as 1/3 of a person for ISO staffing. As far as equipment is concerned, the minimum equipment required for department compliance is based on that required by ISO to be a Class 9 department. All equipment on our list is required. ISO does not require all of the equipment listed in their Rating Schedule to be carried on fire apparatus. You get varying amounts of points for each piece of equipment carried that is on their list. As far as GFSTC is concerned, State Certified personnel must successfully complete 24 hours of training and all of the core competencies approved for their certification level. The exception is if they are core exempt. In that case they must complete 40 hours of training approved for their level. It is recommended that someone who is core exempt be involved only in administrative functions. If they are actually performing core competencies for a particular level (inspectors who inspect; investigators who investigate, fire safety educators who educate, training officers who train firefighters in suppression techniques, etc.) they should perform core competencies for their particular certification level. ISO requires a certain EXPRESS number of hours training per firefighter (or officer, or driver) for full training credit. Your department gets partial credit for less than the full amount. They also r e q u i r e C o mp a n y, M u l t i Company and Night Drills. GFSTC will accept any approved training. We accept training for the continued certification of five levels of state certification. This training includes, but is not limited to: fire, rescue, EMS, driver, hazardous materials, instructor, inspector, investigator, educator, etc. ISO seems to be more restrictive in the subject matter, but more liberal in delivery methods allowed. Why do we include a survey in letters we send you following a site visit? After we complete a site visit, we send you a letter documenting our visit. The letter may be to let you know that everything was found to be in order. In some cases, it may document problems that we discovered and that you need to address. We have also started to include a survey that allows you to rate the Compliance Division staff on our performance. Customer service is at the core of our operation. If there is something we can do to improve your experience with us, we want you to let us know. Please take time to fill out the survey and return it to our Executive Director, Lyn Pardue. We appreciate your input. 8 They Can Certify, But Should We Hire? (continued) Criminal History: I could spend all day on just this topic. All too often, this is the only background an agency does. I can promise you that there is ALWAYS more to the story and I caution against taking this printout at face value. As an investigator, these can get tricky. Typically, a person’s criminal history is commonly associated with the “Good Moral Character” section of the law. There is very little statutory guidance for Good Moral Character. At GFSTC, we mandate that the Fire Chief sign the affidavit attesting to Good Moral Character and we accept it on face value. It’s the responsibility of the sponsoring agency to properly investigate the background of the applicant and make a determination as to their past conduct. As far as GFSTC is concerned, as long as there isn’t a felony conviction within the last 10 years, we can certify. When you deal with criminal issues, here are a few things to keep in mind: ο The seriousness of the offense ο The age of the candidate at the time of the offense/conduct ο How recently the offense/ conduct occurred ο Was there a plea agreement or a reduction in charges ο Misdemeanor vs. Felony ο Is there a pattern of lying, cheating or stealing? ο Any acts of domestic violence ο What has been disclosed by the candidate during the application process vs. the criminal history (i.e. Have they lied to you?) Illegal Drug or Alcohol use? If you have questions concerning a past criminal act, don’t be afraid to contact the local District Attorney’s Office or arresting agency to help you clarify the charges. If the case is closed and you have a signed waiver, they are required by the Open Records Act to provide details of the arrest and/or conviction. Also, please feel free to contact me and I will be glad to help you decipher criminal histories. You can reach me by email or in my office at 478-9934680. Polygraph examination and psychological evaluation: If you have the money to conduct either of these, they have qualities that are useful to a background investigator. However, there are specific rules and laws that concern the application of these tools and I would suggest doing your own research and form your own opinions before using them. It doesn’t matter if you are the largest metro department, or the smallest, rural volunteer agency, a thorough background investigation will help limit your liability, protect your agency, improve community relations and increase professionalism. A pre-employment background investigation, like your gear, will keep you from getting burned. Our Mission To provide professionally trained, competent, and ethical firefighters with the proper equip- Georgia Firefighter Standards and Training 1000 Indian Springs Dr ment and facilities to ensure a fire safe environment for our citizens. To establish professional standards for fire service training including consulting, testing and certification. Forsyth, GA 31029 Phone: 478-993-4521 Fax: 478-993-4511 E-mail: gfstc@gpstc.state.ga.us For additional information about our agency, please contact us at our office by email or by phone.