[Amended 7-28-2011 by L.L. No. 2-2011]
The Board of Trustees or the Chief or, in the Chief's absence, his assistant next in line of command may immediately suspend any member whose action recklessly endangers life, health or property or who refuses to obey a lawful order. In addition, the Board of Trustees may exercise its authority for emergency suspension based upon any violation of the criteria established under §
13-10 hereof and which under the circumstances warrants an emergency suspension. In its resolution authorizing suspension, or ratification of same at the next following regular or special meeting of the Village Board of Trustees, the reason(s) for exercise of this right shall be articulated. Any suspension hereunder shall be temporary and made so pending further action by the Fire Department or Board of Trustees. A written report of any such action taken by the Chief or next-in-line assistant shall be made to the Board of Trustees within 24 hours of the suspension. The Board, at that time, may assume responsibility for further action pursuant to this chapter.
In the event that the Fire Department, pursuant to its bylaws,
takes an action against a member or officer, the following procedure
will apply:
A. Any suspension or removal (except as set forth in §
13-8) of a member or officer taken by the members of the Fire Department pursuant to its bylaws shall not be deemed final until recognized by duly adopted resolution of the Board of Trustees. A suspension or removal pursuant to or related to a violation or enforcement of the bylaws may also comprise, or be inclusive of, charges of incompetence or misconduct. The Chief shall notify the Board of Trustees of such action within five days of the date thereof. Such notification to the Board shall consist of detailed statement of the alleged violation of the bylaws, a copy of the pertinent bylaws alleged to have been violated, and any statements, documentation or other evidence upon which the action and decision of the Fire Department were based (the foregoing collectively the "record"). The Board of Trustees will notify the member affected prior to consideration of the action of the Fire Department and shall give said member an opportunity to be heard. The Department shall be required to deliver the entire record to the Board of Trustees to assist in its consideration.
B. The Board of Trustees, upon review of the action taken by the Fire Department and subject to the limitations stated herein, may modify its decision, including any punishment or penalty. Additionally, the Board of Trustees may reverse the decision of the Fire Department and reinstate the member or officer of the alleged charges or may confirm the decision of the Fire Department. Such decision shall be made within 15 days of receipt of the notice from the Fire Department as set forth in §
13-9A. In reviewing the action taken by the Fire Department, the Board of Trustees shall only modify or reverse the decision of the Fire Department and/or any penalty or punishment imposed if it determines after a review of the record that the decision by the Fire Department was expressly, or in substance, based upon a consideration of charges relating to incompetency or misconduct. Accordingly, the Board of Trustees shall not modify, reverse or otherwise affect a decision of the Fire Department suspending or removing a member or officer for a violation of the bylaws not involving acts or omissions of alleged incompetency or misconduct.
C. The foregoing review procedure of the Board of Trustees is not exclusive in nature. Accordingly, the Board of Trustees may independently act, including where the Fire Department has failed or refused to do so, pursuant to the procedures under §
13-10 hereof.