Revised Laws of Saint Lucia (2023)

19.   Offences

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   (1)   A station officer, subordinate officer or fire fighter who without reasonable excuse does an act which—

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      (a)     amounts to failure to perform in proper manner any duty imposed upon him or her as a fire officer;

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      (b)     contravenes any of the provisions of these regulations;

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      (c)     contravenes any enactment relating to the Fire Service;

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      (d)     is otherwise prejudicial to the efficient conduct of the fire service or tends to bring discredit to the reputation of the Fire Service,

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   commits an offence against discipline and is liable to such punishment as is prescribed by the next succeeding regulation.

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   (2)   Without prejudice to the provisions of subregulation (1) a station officer, subordinate officer or fire fighter commits an offence against discipline and is liable to the punishment contained in the succeeding regulations if he or she commits—

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      (a)     discreditable conduct, that is to say, if a station officer, subordinate officer or a fire fighter act in a disorderly manner or in a manner prejudicial to discipline or reasonably likely to bring discredit on the reputation of the Fire Service;

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      (b)     insubordinate or oppressive conduct, that is to say, if a station officer, subordinate officer or fire fighter—

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         (i)     is insubordinate by word, act or demeanour,

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         (ii)     abuses his or her authority by oppressive tyrannical conduct towards a member of the Fire Service,

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         (iii)     uses obscene, abusive or insulting language to any member of the Fire Service,

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         (iv)     wilfully or negligently makes any false complaint or statement against any member of the Fire Service,

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         (v)     assaults any member of the Fire Service; or

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         (vi)     overholds any report or allegation against any member of the Fire Service;

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      (c)     disobedience to orders, that is to say, if a station officer, subordinate officer or fire fighter disobeys or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise or contravenes any requirement of these regulations or standing orders;

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      (d)     neglect of duty, that is to say, if a station officer, subordinate officer or fire fighter—

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         (i)     neglects or without good and sufficient cause omits promptly and diligently to attend or to carry out anything which is the duty of a station officer, subordinate officer or fire fighter,

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         (ii)     idles or gossips while on duty,

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         (iii)     fails to remain at his or her place of duty to which he or she has been ordered without due permission or sufficient cause,

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         (v)     omits to make any necessary entry in any official document or book, or

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         (vi)     neglects or without good and sufficient cause omits to carry out any instruction of a medical officer who has treated him or her at public expense in accordance with the Act of these regulations or while absent from duty on account of sickness commits an act of conduct calculated to retard his or her return to duty;

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      (e)     falsehood or prevarication that is to say -

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         (i)     knowingly makes or signs any false statement in any official document or book,

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         (ii)     wilfully or negligently makes any false, misleading or inaccurate statement, or

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         (iii)     without good and sufficient cause destroys, or mutilates any official documents or record or alters, or erases any entry varying;

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      (f)     breach of confidence that is to say, if any member of the Fire Service—

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         (i)     divulges any matter which it is his or her duty to keep secret,

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         (ii)     without proper authority communicates to the public press, or to any unauthorised person any matter connected with the Service,

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         (iii)     without proper authority shows to any person outside the Fire Service any book or written or printed documents the property of the Fire Service,

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         (iv)     makes any anonymous communication to the Chief Fire Officer or any Fire Officer senior to himself or herself,

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         (v)     signs or circulates any petition or statement with regard to any matter concerning the Fire Service except through the proper channel of correspondence to the Chief Fire Officer in accordance with the constitution of the Fire Service Association to members of such association, or

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         (vi)     calls or attends any meeting (without the permission and consent of the Chief Fire Officer) to discuss any matter concerning the Fire Service;

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      (g)     corrupt practice that is to say, if any member of the Fire Service—

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         (i)     receives any bribe,

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         (ii)     fails to account for or make a prompt and thorough return of any money or property received by him or her or coming into his or her possession in his or her official capacity,

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         (iii)     places himself or herself under pecuniary obligation to any person who has to apply, obtain or hold a licence or permit concerning which the Fire Service may have to inspect, report or give evidence, or

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         (iv)     improperly uses his or her character and position as a member of the Fire Service for his or her private advantage;

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      (h)     unlawful or unnecessary exercise on authority that is to say, if a member of the Fire Service—

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         (i)     without good and sufficient cause makes an unlawful or unnecessary arrest,

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         (ii)     uses any unnecessary violence to any person whom he or she may have cause to arrest or a person with whom he or she may be brought into contact, in the execution of his or her duty under the Act, or

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         (iii)     is uncivil to any member of the public;

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      (i)     malingering, that is to say, if a station officer, subordinate officer or fire fighter feigns or exaggerates any sickness or injury with a view to evading duty;

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      (j)     absence without leave or being late for duty, that is to say, if a station officer, subordinate officer or fire fighter without reasonable excuse is absent without leave from, is late for, parade, fire or any other duty;

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      (k)     uncleanliness that is to say, if a station officer, subordinate officer or fire fighter while on duty or while off duty in uniform in a public place is improperly dressed or is dirty or untidy in his or her person clothing or accoutrements;

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      (l)     damage to clothing or other articles supplied that is to say, if a station officer, subordinate officer or fire fighter—

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         (i)     wilfully or by carelessness causes any waste, loss or damage to any article of clothing or accoutrement or to any book, document or any other property of the Fire Service issued out to him or her or used by him or her or entrusted to his or her care, or

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         (ii)     fails to report any loss or damage as above however cause;

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      (m)     drunkenness or drug taking that is to say, if a station officer subordinate officer or fire fighter while on or off duty is unfit for duty through the taking of drink or drug;

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      (n)     drinking on duty or soliciting drink that is to say, if a station officer, subordinate officer or fire fighter—

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         (i)     without the consent of his or her superior officer drinks or receives from any other person any intoxicating liquor while he or she is on duty, or

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         (ii)     demands or endeavours to persuade any other person to give him or her or to purchase or obtain for him or her any intoxicating liquor while he or she is on duty;

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      (o)     entering licenced premises that is to say, if a station officer subordinate officer or fire fighter without permission or reasonable excuse enters—

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         (i)     while on duty any premises licensed under the liquor licensing laws or any other premises where liquor is stored or distributed when his or her presence there is not required in the execution of his or her duty, or

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         (ii)     any such premises in uniform while off duty;

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      (p)     lending, borrowing or accepting presents that is to say, if a member of the Fire Service lends money to a fire officer or a senior officer or borrows money or accepts any present from any member of the Fire Service in a lower office;

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      (q)     conviction of criminal offences that is to say if a station officer, subordinate officer or fire fighter has been found guilty by a court of law of competent jurisdiction of a criminal offence which involves dishonesty or which in the opinion of the Chief Fire Officer would tend to bring discredit to the Fire Service;

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      (r)     being accessory to disciplinary offence that is to say, if a station officer, subordinate officer or fire fighter connives, acts or is knowingly an accessory to any offence against discipline;

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      (s)     improper use of uniforms or facilities supplies that is to say, if a station officer, subordinate officer or fire fighter uses without the consent given personally by the Chief Fire Officer any property including uniform or facilities provided for the purposes of the Fire Service for some purpose not connected with his or her official duties.

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   (3)   A station officer, subordinate officer or fire fighter who contracts venereal disease and fails to report the same to a gazetted officer is considered to be in breach of these regulations and is liable to punishment accordingly.

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   (4)   It is the duty of any gazetted officer to whom a report has been made under subregulation (3) to cause the station officer, subordinate officer or fire fighter so reporting to be seen as soon as practicable, by a government medical officer.