(Career Firefighter) Disciplinary Agreement Between the - Fire District and Firefighter

This Agreement is made this ____ day of _____________, 20__, by and between Fire Fighter (herein referred to as the Firefighter), and the _______________ Fire District, (hereinafter the District), with offices at 133 Main Street, New York, New York XXXXX.

WHEREAS, Firefighter is a (insert position of firefighter, if necessary) and holds a permanent appointment in the competitive class with the _______________ Fire District, or is otherwise entitled to the protections and procedures afforded a public employee in connection with their position.

(If charges are pending)

WHEREAS, Firefighter has been suspended from duty (with or without pay) as a career firefighter pending the district’s serving upon the firefighter a Statement of Charges and Notice of Hearing. Such statement of charges will allege certain acts of unprofessional conduct, misconduct of duty and/or improper conduct.

(If charges have been filed)

WHEREAS, Firefighter has been suspended from duty as a career firefighter and has been served with Statement of Charges and Notice of Hearing which has been filed and served upon the firefighter. The statement of charges alleges certain acts of unprofessional conduct, misconduct of duty and/or improper conduct.

WHEREAS, it is presumed that the firefighter will disagree with the allegations and statements that will be set forth (or are set forth) in such statement of charges, and that the firefighter will interpose an answer and prepare a defense to these charges. The above notwithstanding, the firefighter recognizes that the allegations, if proven, could constitute grounds for more severe discipline and/or possibly removal from the department; and

(Insert if applicable)

WHEREAS, the _______________ Fire District is willing to reinstate the firefighter to his or her position before the suspension upon certain conditions, obviating the need for a hearing on the charges and obviating the chance of more severe discipline and/or dismissal from the fire service. The firefighter is willing to accept the disciplinary measures that are set forth in this agreement.

WHEREAS, Firefighter is willing to accept and abide by such conditions:

NOW THEREFORE, IT IS AGREED by the parties as follows:

  1. As a result of a plea negotiation between the lawyer for the firefighter (if applicable) and the ______________ Fire District, the firefighter is being offered the opportunity to admit to having violated ____________ of the ________________ Fire District...

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