[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius as indicated in article histories.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution superseded
former Ch. 6A, adopted 11-10-1998.
[1]
Editor's Note: Former Art. I, Board of Fire
Commissioners, was repealed 9-26-2000.
[Adopted 7-13-1999]
The Board of Fire Commissioners of the Village
of Manlius hereby finds that, in order to exercise its administrative
responsibilities for the operation of the Village of Manlius Volunteer
Fire Department, it is,necessary to establish a due process procedure
for the hearing of charges of alleged misconduct or incompetence by
a member of the Village of Manlius Volunteer Fire Department. In that
existing provisions of law authorizing sanctions against a member
of a volunteer fire department are limited solely to a removal proceeding,
the adoption of this procedure will permit the Board to impose an
appropriate penalty, short of a removal, should a member of the Department
be found guilty of misconduct or incompetence.
As used in this article, the following terms
shall have the meanings indicated:
The Village of Manlius Board of Fire Commissioners.
The Village of Manlius Volunteer Fire Department.
Any member of the Village of Manlius Volunteer Fire Department.
Any individual, firm, partnership, association, corporation
company, public agency or public or private organization.
A.
Charges.
(1)
Any person may draw to the attention of a member of
the Board or the entire Board in writing or otherwise, the facts or
circumstances surrounding the conduct of a member of the Department
which may constitute misconduct or incompetence on the part of a member.
The Board by majority vote may prefer charges against a member of
the Department, alleging incompetency or misconduct.
(2)
A member against whom disciplinary action is proposed
shall be given written notice of the charge or charges and specifications
and shall be allowed at least 10 working days to respond to the charges
in writing. A member against whom charges are preferred shall have
the right to be represented by another and shall be allowed to call
witnesses on his or her behalf. The burden of proving incompetency
or misconduct shall be upon the Board. Compliance with technical rules
of evidence shall not be required.
(3)
Pending a disciplinary hearing and determination of
disciplinary charges, the member against whom charges have been preferred
may be suspended by majority vote of the Board as a member of the
Department.
B.
Hearing.
(1)
The Board shall hold a hearing upon the charges presented
against the member and shall make a determination by majority vote
as to the guilt or innocence of the member charged.
(2)
Unless delayed by request of the member charged, the
hearing on charges filed against a member shall be held within 30
business days of the date on which charges were filed. No disciplinary
proceeding shall be commenced more than 18 months after the alleged
misconduct or incompetency has been brought to the attention of the
Board. This limitation shall not apply where the alleged incompetency
or misconduct would constitute a crime if proven in a court of appropriate
jurisdiction.
(3)
As an alternative, the Board may designate another
individual to conduct the hearing, to make a record of the hearing
and, after the conclusion of the hearing, to make a recommendation
to the Board as to the guilt or innocence of the member. The Board
shall receive such recommendation for review and make a determination
by majority vote as to guilt or innocence of the member charged. Should
the Board contradict the determination made by the hearing officer,
such determination shall be in writing.
A.
The procedure set forth herein shall be utilized only
in the event that a majority of the Board might seek to impose a suspension
upon a member for misconduct or incompetency, which shall be proven
by a preponderance of evidence entered upon the hearing record.
B.
As to any other adverse action taken by the Board
against a member of the Department, including, but not limited to,
a written reprimand, such a member may request a hearing before the
Board to address the action taken by the Board, if such has not previously
been provided.
A member of the Department who may be aggrieved
by a final determination of the Board in the exercise of its author
pursuant hereto may institute a judicial proceeding in accordance
with the provisions of Article 78 of the New York Civil Practice Law
and Rules.