[Added by L.L. No. 1-1928]
The Fire Commissioner shall be the head of the Fire Department.
He shall appoint, to hold office during his pleasure, except as otherwise
provided by law, a Deputy Fire Commissioner and such subordinates
as may be prescribed by the Board of Estimate and Contract. In case
of the absence or disability of the Commissioner and of the Deputy,
or a vacancy in both offices, the Mayor shall appoint a suitable person
to discharge the duties of the office until the Commissioner or his
Deputy returns, or their disability ceases, or the vacancy is filled.
[Added by L.L. No. 1-1928]
The Fire Commissioner shall have cognizance, jurisdiction, supervision
and control of the government, administration, disposition and discipline
of the Fire Department, and of the officers and members of said Department,
and shall possess and exercise fully and exclusively all powers and
perform all duties pertaining to the government, maintenance and direction
of said Department, and the apparatus and property thereof and buildings
furnished therefor, and shall have the general direction and supervision
of the expenditure of all moneys appropriated to said Department.
During the absence or disability of the Commissioner the Deputy Commissioner
shall discharge the duties of the office until the Commissioner returns
or his disability ceases. The Deputy Commissioner shall at all times
have and possess all the powers of the Commissioner in order to discharge
any of the duties of the Commissioner committed to such Deputy by
the Commissioner.
[Added by L.L. No. 1-1928]
The Fire Commissioner shall make, adopt and enforce such reasonable
rules, orders and regulations, not inconsistent with law, as may be
reasonably necessary to effect a prompt and efficient exercise of
all the powers conferred and the performance of all duties imposed
by law upon him or the department under his jurisdiction. He is authorized
and empowered to make, adopt, promulgate and enforce reasonable rules,
orders and regulations for the government, discipline, administration
and disposition of the officers and members of the Fire Department,
and for the hearing, examination, investigation, trial and determination
of charges made or prepared against any officer or member of said
Department for neglect of official duty or incompetency or incapacity
to perform his official duties or some delinquency seriously affecting
his general character or fitness for the office, and may, in his discretion,
punish any such officer or member found guilty thereof by reprimand,
forfeiting and withholding pay for a specified time, suspension during
a fixed period or dismissal from office; but no officer or member
of said Department shall be removed or otherwise punished for any
other cause, nor until specific charges in writing have been preferred
against and served upon him, and he shall have been found guilty thereof
after reasonable notice and upon due trial before said Commissioner
in the form and manner prescribed by law and the rules and regulations
of the Department.
[Added by L.L. No. 1-1928; amended by L.L. No.
1-1972]
The Fire Department shall, as to its membership and component
parts, remain as now constituted until the same shall be changed by
action of the City Council. The Board of Estimate and Contract has
power at all times to determine the number of officers and members
of said Department and the classes and grades into which it shall
be divided. The City Council may pass ordinances not inconsistent
with law for the government of the Fire Department, and regulating
the powers and duties of its officers and members. The Fire Commissioner,
except as herein otherwise provided, shall appoint, as vacancies in
said Department occur, all officers and members thereof, and classify
and apportion them into grades to conform to such ordinances.
[Added by L.L. No. 1-1928; amended by L.L. No.
30-1961]
All members of the Fire Department, subject to the power of
removal hereinafter specified, shall hold their respective offices
during good behavior or until by age or disability they shall become
permanently incapacitated to discharge their duties.
[Added by L.L. No. 1-1928]
If a charge be made by any person against any officer or member
of the Fire Department that he has been negligent or derelict in the
performance of his official duties, or is incompetent or without capacity
to perform the same, or is guilty of some delinquency seriously affecting
his general character or fitness for the office, the charge must be
in writing, in the form prescribed by the rules and regulations of
the Fire Commissioner, and a copy thereof must be served upon the
accused officer or member. The Commissioner shall then proceed to
hear, try and determine the charge. The accused shall have the right
to be present at his trial, and to be heard in person and by counsel
and to give and furnish evidence in his defense. All trials shall
be open to the public. The Commissioner has power to issue subpoenas,
in his name, to compel the attendance of witnesses, and shall upon
the oral application of the accused issue a subpoena on the behalf
of the accused, leaving the space for the names of witnesses blank
that he may fill in their names, upon any proceeding authorized by
the rules and regulations of the Department, and any person served
with a subpoena is bound to attend in obedience to the command thereof;
and the Commissioner shall compel the attendance of witnesses and
compel them to testify in the same manner as in the case of any officer
or board authorized by law to issue subpoenas and take testimony.
If the accused shall be found guilty of the charge made against him
the Commissioner may punish him by reprimand, by forfeiting and withholding
pay for a period not to exceed 30 days, or by dismissal from office.
At any time within one year after the date of dismissal, any officer
or member dismissed may make application to the Commissioner for reinstatement.
Such application to the Commissioner for reinstatement must be in
writing and contain a release of the City from all claims for back
compensation. The Commissioner may, in his discretion, rehear and
redetermine the charges and reinstate such officer or member, with
or without an allowance of the whole or part of the time since such
dismissal to be applied on his time of service in the Department,
or may affirm such dismissal. At any time within one year after the
date of resignation, any officer or member who has resigned may make
application to the Commissioner for reinstatement and the Commissioner
may, in his discretion, reinstate him, but the time between the date
of resignation and reinstatement shall not apply on his time of service
in the Department.
[Added by L.L. No. 1-1928]
In case any such officer or member is aggrieved by the determination
of the Commissioner on any trial of charges, as specified in the preceding
section, he may within 30 days after the rendering of such determination,
take an appeal therefrom on questions of law to the Appellate Division
of the Supreme Court. An appeal taken, as prescribed herein, shall
be perfected by the service of notice of appeal upon the Commissioner.
He shall, within 10 days thereafter, make and file with the County
Clerk of Westchester County a complete return of the proceedings on
such trial. For the use of the parties and Court on such appeal, the
appellant shall cause a certified, or stipulated copy of said return
to be printed and issued and all the rules and statutes concerning
the correction and service and use of a printed case on appeal shall
as far as appropriate be applicable to the correction, service and
use on appeal of said records.
[1]
Editor's Note: Former § 127-g, Chief of Fire Department,
as added by L.L. No. 1-1928 and amended by L.L. No. 1-1972, was repealed
5-9-1984 by L.L. No. 3-1984, which local law was approved by the Mayor
5-9-1984.
[Added by L.L. No. 1-1928]
No officer or member of the Fire Department shall be a member
of or delegate to any political convention, nor shall he be present
at such convention except in the performance of duty relating to his
position as such officer or member. He shall not solicit any person
to vote at any political primary or election, nor challenge, nor in
any manner attempt to influence any voter thereat. He shall not be
a member of any political committee. Any officer or member violating
any provision of this section shall be dismissed from office.
