Purpose
This regulation establishes the procedures for the State Fire Prevention Commission’s exercise of its powers under 16 Del.C. Ch. 66. This regulation sets forth the manner in which the Commission shall review questions pertaining to the delivery of adequate fire protection services in this State, including, but not limited to, questions concerning the authorization of new fire companies and substations, the cessation of fire protection services by a fire company or substation and the resolution of boundary and other disputes between fire companies. The Commission expressly reserves the right to dismiss any grievance or complaint on its own motion if it deems such grievance or complaint to be insubstantial.
Complaints and Grievances
2.1 The following procedure shall be followed for the investigation of complaints regarding a fire company or concerning claims of official misconduct by firefighters and fire companies.
2.2 Complaints must be in writing and filed with the Commission. The Commission will assign an investigator to investigate the complaint. The Commission may designate a Commissioner as an investigator, in which case the Commissioner shall not participate in any Commission hearing or decision regarding the complaint.
2.3 The Complaint shall state the name of the fire company or firefighter and provide sufficient facts demonstrating the basis for the complaint. The assigned investigator may dismiss a complaint sua sponte that fails to state sufficient facts or otherwise demonstrates a reasonable basis for the complaint.
2.4 The Commission shall assign a complaint number to each complaint and maintain a log of all complaints filed with the Commission. A record of each complaint shall be maintained for a period of not less than 5 years.
2.5 The Commission shall send a copy of the complaint to the respondent at the address of record maintained in the Commission’s files. The Commission’s investigators may withhold the name of the complainant if it is determined that providing the complainant’s name may jeopardize their safety.
2.6 The Respondent shall file a response with the Commission within 20 calendar days of receipt of the complaint.
2,7 At the conclusion of the investigation, the investigator shall issue a final report detailing the evidence obtained and making conclusions on whether any applicable law or regulation was violated and making any recommendations for further action that the investigator deems reasonable.
2.8 If the investigation substantiates any violations or makes any recommendations for further action, the Commission shall schedule a hearing. Such hearing shall be subject to the provisions set forth in 29 Del.C. §§10121-10129 governing case decisions.
2.9 At the conclusion of such hearing, the Commission may order such relief as may be deemed necessary and appropriate and to further public health, safety and welfare, including, but not limited to, recommendations on training or other remedial action to be taken by the affected fire company or firefighter.
2.10 “Official misconduct,” as it pertains to firefighters, includes:
2.10.1 Gross negligence in the line of duty or a demonstrated pattern of negligence;
2.10.2 Dishonorable, unethical or other conduct likely to deceive, defraud or harm the public;
2.10.3 Convictions of an offense specified in 16 Del.C. §6712(b);
2.10.4 The use, distribution, or issuance of a dangerous or narcotic drug, other than for therapeutic or diagnostic purposes;
2.10.5 The abuse, misuse, or diversion of illicit or illegal drugs, controlled substances or prescription drugs or alcohol;
2.10.6 Failing, or not complying with, drug testing;
2.10.7 Failing to cooperate with the Commission in the course of its investigation of complaints; and
2.10.8 Continuing to perform as a firefighter after being determined not fit for duty after an evaluation by a licensed medical professional.
2.11 “Official misconduct,” as it pertains to fire companies, includes:
2.11.1 Gross negligence in the line of duty or a demonstrated pattern of negligence;
2.11.2 Demonstrated pattern of failing to adequately supervise firefighters and others working for the fire company;
2.11.3 Unauthorized dissemination of protected health care information concerning the fire companies’ patients, including but not limited to, information contained in Patient Care Reports;
2.11.4 Dishonorable, unethical or other conduct likely to deceive, defraud or harm the public;
2.11.5 Failing to cooperate with the Commission in the course of its investigation of complaints; and
2.11.6 Failing to cooperate with the Commission in producing required reports or documents.
2.12 Fire companies receiving complaints regarding a fire company or concerning claims of official misconduct by firefighters must give notice to the Commission within 10 days. The Commission investigator will then determine whether the complaint should be investigated by the Commission or whether the complaint is better addressed by the fire company without further Commission involvement.
2.13 The Commission may suspend any investigation or proceedings initiated pursuant to this regulation if it is determined that there is a related criminal investigation or proceeding until such time as that investigation or proceeding is concluded.
2.14 Unless the Commission deems immediate action necessary for serious life-safety issues or to otherwise protect the public, complaints will be forwarded to the affected fire company to provide for potential internal resolution of the complaint without further involvement of the Commission.
2.14.1 Fire companies shall have 30 days to internally investigate and resolve the complaint.
2.14.2 . The Commission or its investigators may grant reasonable requests for additional time to complete their investigation.
2.14.3 At the conclusion of an internal investigation, the fire company shall forward a copy of its entire investigatory file and a record of any conclusions reached or disciplinary action taken to the Commission. The Commission shall retain such records in accordance with applicable record retention guidelines and procedures.
2.14.4 If the internal investigation and resolution is deemed unsatisfactory, the Commission shall conduct its own investigation in accordance with these procedures.
2.14.5 While an internal investigation is ongoing, the procedure requiring the Commission to notify the respondent and requiring a response within 20 calendar days shall be suspended.
2.15 The Commission may request and obtain the assistance of state agencies and other third parties in connection with performing investigations.
2.16 Firefighters are to report within 10 days any arrests in state or out of state to the fire chief or fire company president.
2.17 The Commission shall have an established form for the reporting of complaints or grievances.
26 DE Reg. 937 (05/01/23)
Fire companies receiving complaints regarding a fire company or concerning claims of official misconduct by firefighters must give notice to the Commission within 10 days. The Commission investigator will then determine whether the complaint should be investigated by the Commission or whether the complaint is better addressed by the fire company without further Commission involvement.
Fire Company Reporting Form to be completed and forwarded to the Fire Commission Investigation Division.
