Disciplinary Procedures

• Author: Raymond S. DiRaddo
• Pages: 741-770

Chapter 19

Disciplinary Procedures

New York Fire District Officers’ Guide

§19:10 19-2

§19:10 INTRODUCTION

The Board of Fire Commissioners of a fire district may make rules and regulations governing the conduct

of its volunteer fire officers as well as its employed career firefighters. Such rules and regulations can cover the

area of removal and suspension of volunteer fire officers, volunteer firefighters and employed career firefighters.

Town Law §176 (11).

§19:20 THE VOLUNTEER FIREFIGHTER

§19:20.1 DISCIPLINE

The Board of Fire Commissioners may remove from office or membership volunteer fire officers and

volunteer firefighters of the fire companies and fire department for only incompetence or misconduct after a

hearing on the charges. General Municipal Law §209-l. No hearing is necessary for discharging a volunteer based

upon absenteeism. Leahy v. Jordon, 207 A.D.2d (2d Dept 1994). In addition, the Board of Fire Commissioners

or the Fire Company has the right to discipline or remove a volunteer officer or volunteer firefighter for failure

to comply with the constitution and bylaws of such company.

The right to suspend officers and volunteer firefighters lies not only with the chief, but also with the Fire

District Commissioners. Normally, the procedure followed in these cases is that the chief will suspend an officer

or volunteer firefighter because of incompetence or misconduct. Such suspension continues until the next

meeting of the Board of Fire Commissioners. Town Law §176-a (1). At the next meeting of the Board of Fire

Commissioners, after the suspension was invoked, the Board of Fire Commissioners will hear the facts from the

chief. After hearing the facts, they will determine whether a full hearing is necessary and whether the suspension

should be continued until a final determination by the Board of Fire Commissioners has been made.

§19:20.2 RIGHT TO HEARING

Removal of volunteer fire officers and volunteer firefighters on the ground of incompetence or misconduct

shall be made only after a hearing upon due notice and upon stated charges. See Forms 19-1, 19-2 & 19-3.

Such charges must be in writing and shall be made by the Board of Fire Commissioners or the chief of the fire

district. If the Board of Fire Commissioners decides to have a hearing, the attorney for the fire district should

be instructed to draw up the charges, and a date should be set for the hearing. A notice for the hearing should

then be served personally upon the accused. This notice should set forth a date, time, place of the hearing and

the body or person before whom the hearing will be held as well as a written copy of the charges. Such notice

and a copy of the charges must be served personally upon the accused officer or firefighter at least 10 days but

no more than 30 days before the date of such hearing. The notice of discipline to be served upon the firefighter

must contain enough information to apprise the firefighter of the charges against him, and the appropriate rule

or regulation which prohibited the firefighter’s action must be cited in the charges. Bigando v. Quick, 97 App.

Div..2d 209 (3rd Dept. 1983). The burden of proving incompetency or misconduct is upon the person alleging

such incompetency or misconduct.

Hearings upon such charges shall be held by the Board of Fire Commissioners or by a person appointed by

the Board of Fire Commissioners to act as a hearing officer. If a hearing officer is appointed, such appointment

must be in writing. It is recommended that a hearing officer always be appointed. While the Board of Fire

Commissioners can legally hear the case, it is recommended that the Board of Fire Commissioners not act as the

judge, jury, and prosecutor.

If a hearing officer is so designated, he shall, for the purpose of such hearing, have all the powers of the

Board of Fire Commissioners and shall make a record of such hearing which he will then send to the Board of