The Board of Fire Commissioners, the Chief or, in his absence, his assistant 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. Any suspension hereunder shall be made pending action by the Board of Fire Commissioners. A written report of this action will be made to the Board of Fire Commissioners within 24 hours. The Board, at that time, will assume responsibility for further action pursuant to these rules and regulations.
In the event that the Northport Fire Department, pursuant to its bylaws, takes an action against a member or officer pursuant to its bylaws, the following procedure will apply:
A. 
Any suspension or removal (except as set forth in § A310-7) of a member or officer taken by the Northport Fire Department pursuant to its bylaws shall not be deemed final until approved by a majority vote of the Board. The Chief shall notify the Board of such action within five days of the date thereof. Such notification to the Board shall consist of a brief statement of the alleged violation of the bylaws and a copy of the pertinent bylaws alleged to have been violated. The Board of Fire Commissioners will notify the member affected prior to approving the action of the Fire Department and shall give said member an opportunity to be heard.
B. 
The Board, upon review of the action taken by the Department, may modify the action taken but may not increase such punishment. Additionally, the Board may reverse the decision of the Northport Fire Department and reinstate the member or officer of the alleged charges or may confirm the decision of the Northport Fire Department. Such decision shall be made within 15 days of receipt of the notice from the Department as set forth in Subsection A.
A. 
The following shall be considered as cause for the removal or suspension of a member or officer of the Northport Fire Department:
(1) 
Failure to comply with these rules and regulations.
(2) 
Dereliction of duty.
(3) 
Insubordination to the Board, misconduct and/or incompetency.
(4) 
Misuse of village or Department property and equipment.
(5) 
Any act reflecting discredit upon the Department.
(6) 
Failure to report an injury or accident to the Board of Fire Commissioners.
(7) 
Inability to perform the duties of a fireman 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 by the Commissioners as a legal excuse for temporary nonperformance.
B. 
Procedure.
(1) 
Charges. The Board, the Village Board of Trustees, the Code Compliance Director or any officer of the Department may file charges with the Board that a member or officer of the Northport Fire Department has violated any of the provisions of Subsection A above.
(2) 
Notification. The Board shall notify the member or officer concerned that charges have been filed against him. 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 shall promptly schedule a public hearing of the charges within 20 days after the filing of an answer or within 20 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 favor and cross-examine witnesses against him. A stenographic record of the proceeding shall be kept, and a copy shall be supplied to the accused.
(4) 
The Board shall make a written determination upon the record before it within 20 days of the public hearing.