Final Report of the Boston Fire Department Review Commission
3 Discipline
3.1 Introduction
Throughout the meetings and interviews conducted by the Commission the issue of discipline, in particular, perceptions that discipline is meted out unfairly, remained a constant theme. Prior to the early 1980's, discipline lacked formality within the Department. Today, there exist two forms of discipline. They are progressive discipline, often referred to as "formal" discipline, and undocumented discipline, referred to as "informar' discipline. Undocumented discipline is the informal system by which supervisors impose punishment on firefighters who violate the rules. It is often referred to by members as "informal" discipline because it does not fall within the Department's progressive discipline policy. An example of informal discipline for a firefighter who arrived late for a shift might involve cleaning the station bathroom. Most members of the Department who spoke to the Commission, including Union representatives and minority firefighters, agree that overall conditions relative to the imposition of discipline have improved since the implementation of progressive discipline in the late 1980's. However, many acknowledge that difficulties with the application of discipline occur most frequently at the local station level. More concerns and questions were raised relative to the imposition of undocumented discipline than with the application of the progressive discipline policy. Nevertheless, concerns were raised regarding uneven application of all discipline and many expressed frustration at the lack of consistent enforcement of rules and regulations throughout the Department. Discipline requires trust and accountability. Without those elements, discipline can rupture an organization, increase hostility among members, and ultimately divide the organization to the detriment of the public safety.
The Commission finds that the perception that the Department imposes
discipline in an uneven manner raises serious concerns that the important
factors of trust and accountability are lacking within the existing structure
for discipline. As a result, without immediate action to reverse the trend, the Department is well on its way to serious and disruptive rifts within the ranks. Among the many concerns raised by critics within the Department, the issue of fairness in discipline is critical.
3.2 Application and Enforcement
The results of the survey conducted by the Commission and numerous conversations with members suggest that the application of discipline, or decisions not to apply discipline, are perceived by some members to be based on factors of race, gender, personalities, and friendships of the individuals involved. For example, although one firefighter may be punished for a late arrival, another may not receive even a verbal warning for the same behavior. While there may be many explanations for the appearance of such inequities, the perception exists that factors beyond job performance affect disciplinary decisions. Once fundamental trust and basic accountability are gone, morale is fast to follow. Immediate and effective change must occur at the station level to stem the tide of rising distrust among the members and to restore a discipline system that increases trust through proper accountability. The Department's past efforts in this regard, particularly with respect to the 18.41 Committee, were ineffective. Members of the 18.41 Committee complained that their roles were never defined and committee members were never trained to review disciplinary procedures.
The Commission finds that any reconstitution of the 18.41 Committee is not advisable. In addition to existing procedures under civil service and the collective bargaining agreement, the Department can explore internal processes that will restore trust in the disciplinary system. Among the possible avenues for restoring trust is to provide procedures for review of disciplinary decisions, and to offer members an opportunity to bring concerns regarding uneven enforcement to a trained professional and neutral party. An ombudsman, working with an audit and review unit within human resources, might provide members with an avenue to resolve not only allegations of uneven enforcement, but also disputes among and between members. The ability to mediate disputes within the organization will assist the Department in its efforts to recognize and solve problems before they become ubiquitous and divisive.
3.3 Accountability
There exists no process by which the application of undocumented discipline can be reviewed. Without some form of accountability, and a method to insure consistency between the offense and the punishment from station to station and member to member, the system of undocumented discipline in place at the Department is doomed to failure. Proper training in the application of discipline must be instituted immediately. The Commission looked at a number of possible measures that would require supervisors to track all discipline, ranging from the maintenance of a station discipline log to a centralized database of disciplinary sanctions. In the end, the Commission prefers to leave the specific methods for review to the new management team. Nevertheless, regardless of what method the Department chooses to address the issue of accountability, it must immediately accept the responsibility that the imposition of informal discipline must be monitored carefully to insure fairness and uniformity throughout the Department.
3.4 Training
As discussed in Section 4, the lack of proper training of members in supervisory positions results in uneven and faulty application of both progressive and undocumented discipline.
3.5 Culture
As part of a review of the imposition of discipline in the Department, there must be a comprehensive review of the effects of the culture of the organization on the application of discipline. It is impossible to escape the conclusion that a significant number of the problems associated with discipline in the Department stem from the larger issues of culture and attitude pervasive from the highest levels of senior management to the members in the field. Discipline must be based on trust The Department, through its process of review of culture and leadership, must build this trust. Until the Department accepts the necessity of striving to change the fundamental culture of the organization as addressed in Section 2, all efforts to improve its disciplinary system will remain cosmetic.
3.6 Recommendations
The Commission recommends a complete review of the disciplinary procedures currently in place, and further recommends a comprehensive program of training at each level of the Department on the proper use of progressive and undocumented discipline in the organization.
The Commission recommends the creation of an audit and review unit that serves a monitoring and management function over disciplinary procedures.
The Commission recommends appointment of an ombudsman for accountability and review of unfair and uneven disciplinary actions and to mediate internal disputes.
The Commission recommends that senior management work with human resource professionals to devise a proper method for monitoring and control of the imposition of informal discipline.
The Commission recommends that all Department members be trained in the application of discipline prior to or immediately upon being placed in a supervisory position.
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