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.