PURPOSE
This Standard Operating Guideline (SOG) is adopted to provide a standard for performing the necessary actions to resolve disputes regarding Oregon Department of the State Fire Marshal (OSFM)-owned apparatus.
SCOPE
This SOG applies to all Engine Program recipient agencies.
OVERVIEW
To define the process for resolving disputes involving OSFM and Engine Program recipient agencies.
PROCEDURE
When a dispute is identified, the pre-dispute process outlined below will be followed. If the pre-dispute process does not result in resolution of the dispute, the formal dispute process may be followed.
Informal Pre-Dispute Resolution Option
Before initiating the formal dispute process, OSFM may first seek to resolve issues through the informal resolution approach outlined below.
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Email: OSFM may send an initial email outlining the concern/dispute and request clarification and/or corrective action.
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Phone Call to Recipient Agency Contact: OSFM may call the agency’s designated contact(s).
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Phone Call to Fire Chief: OSFM may escalate the issue by contacting the Fire Chief of the recipient agency.
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Review: OSFM will review the issue internally and may initiate the formal dispute process as outlined below.
Formal Dispute Process
Prior to initiating the formal dispute process, OSFM will conduct an internal review of the dispute.
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Notification: OSFM will notify the recipient agency Fire Chief in writing that there is a dispute, outline the steps previously taken with the informal dispute process, and give a description of the dispute.
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Scheduling: OSFM will schedule a meeting with the recipient agency.
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Position Papers: Recipient agency must email written position papers (concise 1-2 page statement outlining the agency’s stance on a dispute, supporting evidence, and proposed resolution) to engineprogram@osfm.oregon.gov no later than 14 business days after receiving notification of the dispute.
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Review/Meeting: OSFM will review the position papers and hear oral discussion concerning the resolution of the dispute.
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Decision: OSFM will evaluate all materials and provide a written decision to the recipient agency.
If, at any point during the dispute process, OSFM determines that the recipient agency is unable or unwilling to meet program requirements, or that continued placement of the apparatus is no longer appropriate, OSFM may initiate termination of the Intergovernmental Agreement (IGA).
Examples of Disputes and Related Considerations
Disputes may include, but are not limited to:
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Failure to provide or implement an acceptable alternative or primary storage and readiness plan.
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Improper or unauthorized use of OSFM-owned apparatus that does not align with the agreement terms.
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Findings from OSFM inspections identifying non-compliance or operational deficiencies.
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Failure to perform routine and proper maintenance as required by OSFM.
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Unauthorized modifications or warranty repairs made without OSFM approval.
Recipient Agency Dispute Process
When a recipient agency identifies a dispute regarding OSFM-owned apparatus or related program requirements, the following process applies.
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Notice of Dispute: The recipient agency must submit a written notice of dispute to OSFM via email at engineprogram@osfm.oregon.gov. The notice must include:
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A clear description of the dispute.
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The agency’s position and supporting documentation.
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The proposed resolution or desired outcome.
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Acknowledgment: OSFM will confirm receipt of the dispute within five (5) business days and provide an outline of next steps.
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Scheduling: OSFM will schedule a meeting with the recipient agency.
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Position Papers: The recipient agency must submit a position paper (a concise 1–2 page statement outlining the agency’s stance, supporting evidence, and proposed resolution) no later than 14 business days after receiving notification. OSFM will prepare its own position paper for review during the meeting.
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Review/Meeting: OSFM will review the submitted position paper and conduct a meeting to hear oral arguments from the recipient agency.
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Decision: OSFM will evaluate all materials and issue a written decision to the recipient agency.