The Village Manager or the Chief or, in the Chief's absence, his/her 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 Village Manager may exercise such authority for emergency suspension based upon any violation of the criteria established under § 26-13 hereof and which under the circumstances warrants an emergency suspension. At the next following regular or special meeting of the Village Board of Trustees the Village Manager shall articulate the reason(s) for exercise of this right. Any suspension hereunder shall be temporary and made so pending further action by the Company or Board of Trustees. A written report of any such action taken by the Village Manager, Chief or next-in-line assistant shall be made to the Board of Trustees within 48 hours of the suspension. The Board, at that time, may assume responsibility for further action pursuant to this chapter.
In the event that the Company, 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 § 26-11) of a member or officer taken by the members of the Company 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 and the Village Manager 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 Company were based (the foregoing collectively the "record"). The Board of Trustees will notify the member affected prior to consideration of the action of the Company and shall give said member an opportunity to be heard. The Company 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 Company and subject to the limitations stated herein, may modify the Company's decision, including any punishment or penalty. Additionally, the Board of Trustees may reverse the decision of the Company and reinstate the member or officer of the alleged charges or may confirm the decision of the Company. Such decision shall be made within 15 days of receipt of the notice from the Company as set forth in § 26-12A. In reviewing the action taken by the Company, the Board of Trustees shall only modify or reverse the decision of the Company and/or any penalty or punishment imposed if it determines after a review of the record that the decision by the Company 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 Company 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 Company has failed or refused to do so, pursuant
to the procedures under § 13 hereof.
A.
The following may be considered by the Board of Trustees (nonexclusively)
as acts or omissions of incompetency and/or misconduct constituting
cause for the removal or suspension of a member or officer of the
Fire Department:
(1)
Failure to comply with the rules and regulations in this chapter
or a material provision of the bylaws of the Company.
(2)
Dereliction of duty.
(3)
Insubordination to Company or Fire Department officers or the Village
Manager.
(4)
Misuse of Company, Village or Fire Department property and equipment.
(5)
Failure to report a required incident, injury or accident to the
Chief, assistant next in line of command or the Village Manager.
(6)
Inability to perform the duties of a firefighter due to reasons of
health, mental or physical incapacity shall be considered cause for
removal, but if of a temporary nature, these may be considered as
a legal excuse for temporary nonperformance.
(7)
Absence or failure to appear at fires, incidents, drills and meetings
as required by the Company, its bylaws, the Fire Department, this
chapter or the Village Manager.
(8)
Any other acts or omissions constituting incompetency or misconduct.
(9)
A violation of the Department's Code of Ethics.
(10)
Discovery of any material fact required to be and not so disclosed
by a member in connection with his or her application for membership,
or otherwise not disclosed or made available to the Village Board
of Trustees in connection with its appointment/approval of the member
for admission into the Company or Fire Department.
B.
Procedure.
(2)
Notification. The Board of Trustees shall notify the member or officer
concerned that charges have been filed against him/her. Such notification
shall contain a copy of such charges and a notice that the officer
or member shall answer said charges, in writing, within 20 days of
receipt of same.
(3)
Hearing. The Board of Trustees shall promptly schedule a hearing
of the charges within 30 days after the filing of an answer or within
30 days after the time to file an answer has expired. The charging
party shall first present evidence substantiating the charges, followed
by evidence to be presented by the accused, if any. The accused person
or officer may be represented by counsel, produce the testimony of
witnesses in his/her favor and cross-examine witnesses against him/her.
The burden of proving incompetency or misconduct shall be upon the
Board or charging party. Compliance with technical rules of evidence
shall not be required. A stenographic or other verbatim record of
the proceeding may be kept, and a copy shall be supplied to the accused.
As an alternative, the Board of Trustees 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. No disciplinary proceeding
shall be commenced more than six months after the alleged incompetency
or misconduct has been brought to the attention of the Board.
(4)
Temporary suspension. Pending a disciplinary hearing and determination
of disciplinary charges, the member or officer against whom charges
have been preferred may be suspended by majority vote of the Board
of Trustees.
(5)
Written determination. The Board of Trustees shall make a written
determination upon the record before it within 20 days of the public
hearing.
(6)
Appeal. A member or officer of the Fire Department who may be aggrieved
by a final determination of the Board of Trustees in the exercise
of its authority pursuant to this article may initiate a judicial
proceeding in accordance with the provisions of Article 78 of the
Civil Practice Law and Rules.
C.
The procedure set forth in § 26-13A shall be utilized only in the event that a majority of the Board of Trustees might seek to impose suspension or removal upon a member or officer for acts or omissions of misconduct or incompetency for which such due process is legally required. As to any other disciplinary decisions, including other adverse action taken by the Board of Trustees against a member of the Fire Department, such member may request a hearing before the Board of Trustees to address the action taken by the Board if same has not previously been provided; however, the Board of Trustees shall not be obligated to grant same.
