[Adopted 5-1-2017 ATM by Art. 35]
There shall be a Fire Department to be under the control of an officer to be known as the Chief of the Fire Department. S/he shall have charge of extinguishing fires in the Town and the protection of life and property in case of fire, medical emergency, or any hazard. S/he shall also act as Forest Warden for the Town. S/he shall purchase subject to the approval of the Selectmen and keep in repair all property and apparatus used for and by the Fire Department. S/he shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns except as herein provided. Officers and firefighters shall be appointed in accordance with the Town Charter. The Chief shall have authority in the administration of the department and shall make all rules and regulations for its operation, all in accordance with the terms of the Charter. S/he shall report to the Town Administrator and shall annually report to the Town the condition of the Department with his/her recommendation thereon. In the expenditure of money, the Chief shall be subject to such further limitations as the Board of Selectmen and Town Administrator from time to time prescribe.
The Personnel Board shall draft, and may from time to time amend, a set of qualifications for the selection of a Fire Chief, one of which shall be at least seven years of fire and emergency medical response experience, except that each year of supervisory experience in the rank of Lieutenant or higher shall count for two years.
Prior to making an appointment, the Selectmen shall cause notice of availability of the position to be posted in places in the Town where notices to employees are generally posted, including within the Fire Department, and to be advertised in a newspaper of general circulation in the Town and in such other media as can be reasonably expected to give notice to qualified applicants.
The appointment shall be made by the Board of Selectmen for a term of not fewer than three and no more than five years.
Without his/her consent in writing, the Fire Chief shall not be discharged, removed, suspended for a period exceeding five days, lowered in rank or compensation, nor shall the position be abolished except for just cause and for reasons specifically given to him/her in writing by the Board of Selectmen. At least three days after the Selectmen have given the Fire Chief a written statement of the specific reasons for contemplated action, the Fire Chief shall be given full hearing before them or a Hearing Officer appointed by the Selectmen for the purpose. Within 10 days after the hearing, the Fire Chief shall be given a written notice of the decision of the Board of Selectmen stating fully and specifically the reasons therefor.
A. 
Suspension. A suspension of the Fire Chief for a period not exceeding five days may be made by the Board of Selectmen, only for just cause. Within 24 hours of his/her suspension, the Fire Chief shall be given written notice stating the specific reasons for the suspension and informing him/her that s/he may, within 48 hours of receipt of written notice, request a hearing before the Board of Selectmen on the question of whether there was just cause for the suspension. Such a hearing will be held within seven days of receipt of written notice by the Fire Chief. Within seven days after the hearing, the Board of Selectmen shall give the Fire Chief written notice of its decision. By majority vote, the Board of Selectmen may find that the suspension was for just cause, or may reduce the number of days of the suspension, or may find that it was without just cause. If this suspension is found to be without just cause, the Fire Chief shall be deemed not to have been suspended and shall be entitled to compensation for the period for which s/he was suspended. If the number of days of the suspension is reduced by the full Board after the hearing, the Fire Chief shall receive compensation based on the number of days restored.
B. 
Public hearing. Any hearing under this section shall be public, if requested in writing by the Fire Chief, and s/he shall be allowed to answer the charges against him/her either personally or through counsel.
C. 
Right to arbitration. Should the Fire Chief be aggrieved by a decision by the Board of Selectmen s/he may, within 30 days following the receipt of such decision, file a written notice of demand for arbitration with the Board of Selectmen and the American Arbitration Association. Within 30 days of receipt of such notice of demand, the Board of Selectmen shall file with the American Arbitration Association a complete copy of all proceedings before them, certified by the Clerk of the Board, and the Board may file any other supplementary documents or statements as may pertain to such matter. The matter shall then be settled by arbitration in the Town of Westwood or within Norfolk County, in accordance with the rules then existing of the American Arbitration Association. Such arbitration shall take place as soon as reasonably possible thereafter. In no event shall such arbitration take place after the date when institution of legal or equitable proceedings based on such aggrieved decision would be barred by applicable statute of limitation.
D. 
Judgment on arbitration.
(1) 
The decision rendered by the arbitrator shall be final and the judgment then be entered upon in accordance with applicable laws in any court having jurisdiction thereof. In rendering his/her decision, the arbitrator shall consider whether the Board of Selectmen's decision is:
(a) 
In violation of constitutional provisions.
(b) 
In excess of the authority of the Board of Selectmen.
(c) 
Based upon an error of fact or law.
(d) 
Made upon unlawful procedure.
(e) 
Unsupported by substantial evidence.
(f) 
Arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law.
(2) 
If the arbitrator finds that the decision by the Board of Selectmen should be reversed, the Fire Chief shall be reinstated to his/her position without loss of compensation. The decision of the arbitrator shall be final and conclusive.
E. 
Delivery of notice. Any notice required under this section may be delivered by hand to the address shown in the records of the Town. A certificate of the person mailing the notice shall be proof of giving the notice.