All resignations shall be in writing and forwarded to the Clerk of the Fire Board. All equipment in the custody of the resigning member must be returned, within 10 days, to the respective Company Captain, including but not limited to the fire-fighting gear, radio equipment and badges. No resignation will be accepted until approved by the Fire Board and confirmed by the Mayor and Council.
A. 
Any officer or member of the Department who shall refuse or voluntarily neglect to obey or execute any order from any officer in charge of an alarm or drill or who shall violate or willfully neglect or who shall refuse to be governed by any of the provisions of this chapter or the rules of the Board of Fire Commissioners that may be adopted shall be subject to suspension, removal or expulsion from the Department by the Board of Fire Commissioners, after a hearing given by the Board of Fire Commissioners in accordance with its bylaws. Any one of the following, in addition to any other violation of this chapter or any rules, regulations or orders promulgated hereunder, shall be cause for suspension, removal or expulsion from the Fire Department, although suspensions, removals or expulsions may be made for sufficient causes other than those listed:
(1) 
Neglect of duty.
(2) 
Incompetence or inefficiency.
(3) 
Incapacity due to mental or physical disability.
(4) 
Insubordination or serious breach of discipline.
(5) 
Intoxication or being under the influence of a controlled substance while on duty.
(6) 
Chronic or excessive absenteeism.
(7) 
Disorderly or immoral conduct.
(8) 
Willful violation of any of the provisions of the civil service statutes, rules or regulations or other statutes relating to the employment or public service of public employees or officers.
(9) 
The conviction of any criminal act or offense.
(10) 
Negligence of or willful damage to public property or waste of public supplies or Fire Department property or Fire Department supplies.
(11) 
Conduct unbecoming a member of a volunteer fire department.
(12) 
The use or attempt to use one's authority or official influence to control or modify the political action of any person in the Department or engaging in any form of political activity while exercising the duties of a Volunteer Fire Department member except that political activity shall not include actively supporting or working against a candidate for an elected position in the Fair Lawn Fire Department.
B. 
In the event that the Board of Fire Commissioners receives a complaint that any officer or member of the Department is in violation of any of the requirements of this chapter or of his/her firematic duties as set forth above, then, in that event, the Board shall institute a preliminary investigation to determine whether there is a probable cause or reasonable grounds to have a formal charge filed against the officer or member. If it appears that there is probable cause or reasonable grounds for the charge to be made, the charge shall be preferred against the officer or member, in writing, and include as much specificity as possible under the circumstances. An officer or member of the Department may be suspended from duty pending the resolution of the matter, at the discretion of the Board. An officer must serve in his/her position for at least nine months of his/her current position in order to be elected to move up to the next position. An officer who has been suspended for more than 90 days shall be deemed to have resigned his/her position as an officer and shall be ineligible to be nominated and elected as an officer for the following year. Also, the current year of suspension does not count as a served year or position. After a charge is preferred against an officer or member, the Board shall follow the following procedures and afford the following rights to the accused officer or member:
[Amended 9-13-2011 by Ord. No. 2224-2011]
(1) 
The charges shall be transmitted to the officer or member and shall designate a reasonable time therein in which the officer or member may respond to admit or deny same.
(2) 
A hearing date shall be established for a hearing on the matter before the Board of Fire Commissioners, which shall be reasonably set to afford all parties concerned a fair and impartial presentation of the matter.
(3) 
The allegations against the officer or member shall be presented by an officer designated by the Board of Fire Commissioners or by an attorney provided by the Borough.
(4) 
The matter shall be heard and decided by the Board of Fire Commissioners.
(5) 
The accused officer or member shall have the right to be represented by counsel or to appear in his/her own defense. He/she shall have the right to obtain copies of the investigation of the matter of which he/she is charged and shall have the right to obtain copies of all statements and the names and addresses of witnesses who may testify against him/her. He/she shall have the right to cross-examine all witnesses and shall have the right to present oral and/or documentary evidence in his/her defense, all consistent with due process of law.
(6) 
The hearing may or may not be transcribed, at the discretion of the Board, but the accused officer or member may transcribe the hearing at his/her own expense.
(7) 
In the event that the hearing extends beyond one meeting, and if any member of the Board misses a hearing, that member of the Board may continue to sit as a member of the Board on the hearing, providing he/she reads the transcript of any of the hearing dates that he/she has missed.
(8) 
The charge shall be sustained only upon the affirmative vote of the full majority of the Board. In the event the Board sustains the charges, a separate vote on punishment shall be had and shall be the judgment of the Board only upon the affirmative vote of the full majority of same. The accused officer or member may present any relevant evidence or information to the Board in mitigation of punishment.
C. 
In hearings conducted hereunder by the Board of Fire Commissioners, the decision shall be announced, either orally or in writing, upon the conclusion of the hearing or as soon as possible after the conclusion of the hearing. If an oral decision is initially rendered, a written decision reflecting this determination shall be prepared by the Board and forwarded to all appropriate parties. Any action removal or expulsion shall be subject to review by the Mayor and Council of the Borough of Fair Lawn, which may affirm, reverse or modify the decision of the Board of Fire Commissioners.
Any officer or member being reported to the Fire Board for refusing or failing to respond to any order from the Chief, Deputy Chief or Fire Company Captain calling for a practice drill shall be liable to suspension, removal or expulsion upon hearing being given by the Board of Fire Commissioners in accordance with its bylaws.
Voting on all expulsions shall be by ballot, and no member shall be reported for expulsion except by a majority vote of the members present, but not less than four affirmative votes on the matter.
If any of the companies shall vote for the suspension or expulsion of any of its members, such results shall be reported to the Board of Fire Commissioners, at its next meeting or subsequent thereto, upon which being done, the Board of Fire Commissioners shall, upon proper hearing given to any such member, have power to suspend, remove or expel any such member from the Department, but such action by the Board of Fire Commissioners shall be subject to review, affirmation or reversal by the Mayor and Council.
All members, following their expulsion from the Department, shall be required forthwith to return all equipment in their custody, including but not limited to the fire-fighting gear, radio equipment and badges.