A. 
It shall be the affirmative obligation of the Chief and the officers of each of the companies to assure compliance by each of the members with the Upper Deerfield Township Manual for Volunteer Fire Companies, the rules and regulations adopted by the Township Committee governing conduct of municipal employees generally or as may be required by the laws of the State of New Jersey and the laws of the United States of America. Each Chief shall be obligated to investigate any complaint made against any member or any such manuals, rules regulations or laws and to impose such discipline as may be necessary to assure continued compliance with the Upper Deerfield Township Manual for Volunteer Fire Companies, to avoid repeat violations of the provisions thereof, and to address the conduct of the members that create a risk of danger to persons or property or which may expose the Township to potential liability.
B. 
The Chief shall file a report with the Township Administrator of all complaints made against any member, all investigations conducted and the disposition of any investigation or complaint made against any member not later than 30 days following the receipt of any complaint.
C. 
In the event that a Chief does not fulfill his or her obligations as set forth herein, the Township Committee may conduct investigations and impose discipline in accordance with the Upper Deerfield Township Manual for Volunteer Fire Companies.
A. 
Any complaint made against any Chief shall be made to the Township Committee. The Township Committee may impose any level of discipline it deems appropriate in its discretion, including suspension or removal if circumstances warrant for a violation by the Chief of any provision of any manual, rule, regulation or law as aforesaid.
B. 
The failure of any Chief or officer to fulfill his or her obligation to investigate and/or impose discipline of members in accordance with the provisions of § 28-6 shall constitute a violation of the duties of Chief for which the Township Committee may impose discipline pursuant to the provisions of this § 28-7.
The Upper Deerfield Fire Department Rules and Regulations adopted January 20, 2011, as amended, are further amended in the following particulars:
A. 
Section 6.1.1 is deleted and replaced with the following:
6.1.1 DISCIPLINARY ACTION. Employees/members, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for:
a. 
Committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or any other state, or municipal ordinances;
b. 
Failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment;
c. 
Standard of conduct similar to N.J.A.C. 4A:2-2.3(a), any rule or regulation, or directive of the department; or
d. 
Failure to obey any lawful instruction, orders, or command of a supervisor.
e. 
Any violation of Standard Operating Guidelines.
f. 
Any violation of the Rules and Regulations set forth in the Upper Deerfield Township Fire Department Rules and Regulations.
g. 
Any violation of the rules and regulations adopted by Upper Deerfield Township governing the conduct of municipal employees generally.
B. 
Section 6.2.1 is deleted and replaced by the following:
6.2.1 Procedures. In any case involving the imposition of penalties against a member of a fire department with the Township of Upper Deerfield, a member of the department shall be entitled to a written complaint or advisement of disciplinary infraction and for the proposed disciplinary action to be taken by the department. The affected member of any fire department shall have the right to a hearing before the Fire Chief of the company in which he is a member, which hearing shall be informal.
C. 
Section 6.2.2 is deleted and replaced with the following:
6.2.2 Penalties. The following range of discipline imposed for any conduct found to be in violation of Section 6.1.1 and depending on the severity of the violation and member's history of violations or lack thereof.
a. 
Counseling;
b. 
Oral reprimand or performance notice;
c. 
Written reprimand;
d. 
Suspension
e. 
Transfer/reassignment;
f. 
Demotion; or
g. 
Dismissal.
The foregoing list shall not be considered as establishing any progressive system of discipline. Rather, the list establishes a range of possible disciplines to be imposed. Further, the list shall not be considered exhaustive and any discipline consistent with law may be imposed.
D. 
Section 6.2.3 is deleted and replaced with the following:
6.2.3 Review by Governing Body. Upon the conclusion of any investigation, or upon the imposition of any discipline of any member, the Chief or other officer imposing the discipline shall provide a report to Township Committee of the investigation conducted and the result thereof, charges brought, findings and conclusions, and discipline imposed within 30 days of the commencement of investigation if no charges brought, or 30 days of the date when charges are brought.
Any penalty imposed under Section 6.2.2 above up to a suspension of five days or less shall be final and unappealable. Any suspension of six days or greater may be appealed within 20 days of the decision of the Fire Chief to the governing body of the Township of Upper Deerfield. On any such appeal, the governing body may, in its discretion, consider the matter de novo, consider new evidence and impose such discipline up to and including removal, as it may deem appropriate, or in its discretion may determine to review the appeal on the record and report of the Chief.
The Township Committee may in its sole discretion to review the decision of the Fire Chief to not bring charges following any investigation, or the decision of the Fire Chief where charges are brought, regardless of any appeal filed by the member.